certain doubts had been entertained, whether a purchaser would be affected with notice, notwithstanding the above memorandum, provided, that no such judgment, decree, order, or rule, as aforesaid, shall by virtue of the said act affect any lands, tenements, or hereditaments, at law or in equity, as to purchasers, mortgagees, or creditors, unless and until such a memorandum or minute as in the said act in that behalf mentioned, shall have been left with the senior Master of the said Court of Common Pleas, any notice of any such judgment, decree, order, or rule to any such purchaser, mortgagee, or creditor in anywise notwithstanding. Previous to the stat. 2 & 3 Vict. c. 11, all judgments required to be docketed under 4 & 5 Will. 3, c. 20, and 7 & 8 Will. 3, c. 36, so as to affect purchasers; but that practice was abolished, and all docketed judgments were directed to be thenceforth registered under the above stat. 1 & 2 Vict. c. 110, s. 19. The stat. 2 & 3 Vict. c. 11, s. 2, also provided, that, in addition to the entry by 1 & 2 Vict. c. 110, and by this act required to be made, in a book by the senior Master of the particulars to be contained in every memorandum or minute left with him of any judgment, decree or order, rule or order, he shall insert in such book the year and the day of the month, when every such memorandum or minute is so left with him. The same statute (sect. 4) made judgments, though registered under 1 & 2 Vict. c. 110, and 2 & 3 Vict. c. 11, void after five years from registration as against purchasers, mortgagees, and creditors, unless a fresh register be made within five years before the execution of the conveyance, settlement, mortgage, lease, or other deed or instrument vesting or transferring the legal or equitable right, title, estate or interest in or to any such purchaser or mortgagee for valuable consideration, or as to creditors within five years. The 5th section provided, that as against purchasers without notice of the judgment, &c., such judgment shall not bind or affect such lands, or any interest therein, further or otherwise, or more extensively in any respect, although duly registered, than a judgment could have done before 1 & 2 Vict. c. 110.

The 18 & 19 Vict. c. 15, s. 4, after reciting that, whereas the protection afforded to purchasers, mortgagees, and credi

the ca. sa.; Lewis v. Dyson, 1 Bail C. C. 33.

But the court of

C. P. has no jurisdiction over the Master as to compelling him to make an entry; the only mode of so compelling him, it seems, would be by mandamus: Exparte Ness, 5 C. B. 155; 5 D. & L. 339.

tors by 3 & 4 Vict. c. 82, against judgments, decrees, orders, or rules not duly registered, is confined to judgments, decrees, orders, or rules binding by virtue of 1 & 2 Vict. c. 110: and whereas the docket or register previously in use has been closed, and the said provision ought not to be so restricted, enacts :

That no judgment, decree, order, or rule which might be registered under 1 & 2 Vict. c. 110, shall affect any lands, tenements, or hereditaments, at law or in equity, as to purchasers, mortgagees, or creditors, unless and until such a memorandum or minute as in the said act in that behalf mentioned shall have been left with the proper officer of the proper court, any notice of any such judgment, decree, order, or rule to any such purchaser, mortgagee, or creditor in anywise notwithstanding.

Sections 5 and 6 also enact :

And whereas it is expedient that certain doubts, which have arisen upon some of the provisions for the protection of purchasers against judgments in the said acts contained, should be removed, be it therefore declared and enacted as follows:-The provision contained in sect. 2 of the said 3 & 4 Vict. c. 82, extends and shall be deemed to extend as well to the act therein referred to as to sect. 4 of the said 1 & 2 Vict. c. 110, as explained by this act, so that notice of any judgment, decree, order, or rule not duly re-registered shall not avail against purchasers, mortgagees, or creditors as to lands, tenements or hereditaments.

Where, by the said act 2 & 3 Vict. c. 11, re-registry of judgments, decrees, orders, or rules is required within such period of five years as is therein mentioned, in order to bind purchasers, mortgagees, and creditors, it shall be deemed sufficient to bind such purchasers, mortgagees, and creditors, if such a memorandum or minute as was required in the first instance is again left with the senior Master of the Common Pleas within five years before the execution of the conveyance, settlement, mortgage, lease, or other deed or instrument, vesting or transferring the legal or equitable right, title, estate or interest in or to any such purchaser or mortgagee for valuable consideration, or as to creditors within five years before the right of such creditors accrued, as directed by the said last-mentioned act, although more than five years shall have expired by effluxion of time since the last previous registration before such last-mentioned memorandum or minute was left, and so toties quoties upon every re-registry.

Section 8, following the 2 & 3 Vict. c. 11, s. 6, enacts:Nothing herein contained shall extend to revive or restore any judgment which shall be extinguished or barred, or to affect or prejudice any such judgment, or any decree, order, or rule as between the parties thereto, or their representatives, or those deriving as volunteers under thern.

Section 13 enacts:

The searches of the several registers, by the said recited acts, or by

this act authorized to be made for the sum of 1s., may be made by the parties themselves, under proper regulations in the office, and the sum of 18. only shall be payable on one search, although more names than one shall be searched for, where such names relate to the same purchase, mortgage, or other transaction.

(a) Registering in Middlesex and Yorkshire.]-Various statutes establish a registry of judgments in Middlesex and Yorkshire,(1) and, upon filing a memorial of the judgment in the registry of such counties respectively, any lands situated within the same may be affected; and a judgment registered under 1 & 2 Vict. c. 110, cannot affect lands in Middlesex, unless also registered under 7 Anne, c. 20, s. 18.(2)

The memorial is engrossed on parchment, stamped with a half-crown stamp, and containing a certificate of judgment being signed. The form may be obtained at a law stationers. This is taken to the Master with the postea, allocatur, and judgment paper, when he will sign the certificate. An affidavit of such signature, stamped with a half-crown stamp, is then written on the memorial and sworn before a judge of the court in which the judgment was signed. The memorial is then taken and filed with the registrar, at the office in Bell Yard, Temple Bar, for the county of Middlesex, or at the local registries in the three Ridings of Yorkshire respectively.

Form of Memorial.

18

A memorial to be registered pursuant to the statute, &c., of a judgment of Her Majesty's Court of Queen's Bench, [or "C. P." or "Exch. of Pleas,"] of the day of between A. B., plaintiff, and C. D., defendant, costs of increase and for costs of increase, £ Roll

for A. B., in an action

for £

besides

; in all, £

Affidavit of Signature of Master.

make oath and say that I saw

Esq.,

I, P. A., of one of the Masters of the Court of Queen's Bench ["C. P." or "Exch. of Pleas"] sign the certificate of the judgment in the memorial abovementioned.

Sworn, &c.

P. A.

(1) 5 Anne, c. 18, s. 4; 6 Anne, c. 35, s. 19; 7 Anne, c. 20, s. 18; 8 Geo. 2, c. 6, ss. 1, 18.

(2) Westbrook v. Blythe, 3 E, & B, 737; Hughes v. Lumley, 4 E. & B. 274.

(b) Registering judgments in the Palatine Counties.]-The statute 18 & 19 Vict. c. 15, extends the provisions of the acts 1 & 2 Vict. c. 110, 2 & 3 Vict. c. 11, and 3 & 4 Vict. c. 82, to the counties_palatine. Section 1st provides, that any judgment of the Court of Common Pleas of Lancaster, or of the Court of Pleas of Durham, obtained before 1 & 2 Vict. c. 110, and not already registered in the said courts respectively under the provisions of the same act, or not registered under this act on or before Nov. 1, 1855, shall not, after that day, affect any lands, tenements, or hereditaments in the said counties palatine respectively, as to purchasers, mortgagees, or creditors, unless and until such memorandum or minute of such judgment, as is in the said act prescribed, shall be left with the prothonotary of the court in which the judgment has been obtained, who shall, forthwith, enter the same in manner by the same act, as amended by this act, directed in regard to judgments thereby authorized to be registered, and shall be entitled for every such entry to the sum of 2s. 6d., and the provision for reregistration toties quoties hereinafter mentioned,(1) as explained by this act, is hereby extended and applied mutatis mutandis to judgments registered under this present provision. The 2nd section extends the provisions of 1 & 2 Vict. c. 110, ss. 18, 19, and 20, to the counties palatine, and then provides, that no judgment, decree, order, or rule of any court shall bind lands, tenements, and hereditaments in the said counties palatine respectively, as against purchasers, mortgagees, or creditors, unless and until such memorandum or minute thereof, as herein before is mentioned, shall be left with the prothonotary of the Palatine Court in which are situated the lands, tenements, and hereditaments intended to be charged thereby. The 3rd section then extends to the counties palatine the 2 & 3 Vict. c. 11, ss. 3, 4, 5, and 7, and also the 3 & 4 Vict. c. 82, s. 2, respecting the particulars to be inserted in the register by the Master, and respecting the re-registration of judgments, de rees, or orders and rules, and respecting the registration and re-registration of lis pendens, and respecting the protection of purchasers, mortgagees, and creditors, as explained or amended by this act. The 4th section provides, that the prothonotary, or deputy prothonotary, or other officer of the county palatine appointed for the purpose, shall perform all the duties done by the senior Master of the Common

Pleas at Westminster; that he shall be entitled to 2s. 6d. for registration, and 1s. for re-registration, and that any person may search all the books for 1s.

6. Effect of Judgment:--

(a) Effect of the judgment on lands, &c.]-The statute 1 & 2 Vict. c. 110, s. 13, enacts :

That a judgment entered up against any person in the Courts at Westminster shall operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents, and hereditaments (including lands and hereditaments of copyhold or customary tenure), of, or to which such person shall, at the time of entering up such judgment, or at any time afterwards, be seised, possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession, reversion, remainder, or expectancy, or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without the assent of any other person, exercise for his own benefit, and shall be binding as against the person against whom judgment shall be so entered up, and against all persons claiming under him after such judgment, and shall also be binding as against the issue of his body, and all other persons whom he might, without the assent of any other person, cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands, tenements, rectories, advowsons, tithes, rents, and hereditaments; and that every judgment creditor shall have such and the same remedies in a court of equity against the hereditaments so charged by virtue of this act or any part thereof, as he would be entitled to in case the person, against whom such judgment shall have been so entered up, had power to charge the same hereditaments, and had, by writing under his hand, agreed to charge the same with the amount of such judgment debt, and interest thereon: provided that no judgment creditor shall be entitled to proceed in equity to obtain the benefit of such charge, until after the expiration of one year from the time of entering up such judgment, or in cases of judgments already entered up, or to be entered up before the time appointed for the commencement of this act, until after the expiration of one year from the time appointed for the commencement of this act, nor shall such charge operate to give the judgment creditor any preference in case of the bankruptcy of the person against whom judgment shall have been entered up, unless such judgment shall have been entered up one year at least before the bankruptcy: provided also, that, as regards purchasers, mortgagees, or creditors who shall have become such before the commencement of this act, such judgment shall not affect lands, tenements, or hereditaments otherwise than as the same would have been affected by such judgment if this act had not passed: provided also, that nothing herein contained shall be deemed or taken to alter or affect any doctrine of courts of equity whereby protection is given to purchasers for valuable consideration without notice.