10. Registrar of Judgments, upon production of certifi- record same. 12. No Judgment, &c., to be registered until certificate of the existence of such judgment, &c., has been lodged with Registrar. 13. Crown Bonds and Recognizances more than twenty years old not to affect Purchasers or Mortgagees, unless redocketed in the office of Registrar of ments. 2. That every book wherein any such copy of a negative search and certificate shall be entered shall be numbered or otherwise distinguished in some appropriate and convenient manner, and the pages of each such book shall be numbered, and the number or other distinctive mark of every such book, and the number or numbers of the page or pages thereof, wherein any such negative search and certificate shall be copied, shall be specified at foot of the certificate, signed by the registrar or assistant registrar in manner (that is to say,) "Copied in Book, No. Page Number following; 3. That the said registrars shall respectively cause a sufficient index or sufficient indexes to be prepared, in such form as the commissioners of Her Majesty's treasury shall direct, to the books containing the copies of searches made pursuant to this act; and in such indexes shall be entered, in some convenient manner for reference, the name or names of some one or more of the persons whose acts such negative search shall relate to; and that the said registrar of deeds shall also cause to be prepared another sufficient index or other sufficient indexes to the said books, containing the said copies of the said negative searches, in such form as the said commissioners of Her Majesty's treasury for the time being, or any three of them, shall from time to time direct, wherein shall be entered, in some convenient form for reference, the name or names of some one or more of the denominations of land mentioned in the requisition for such negative search; and all persons shall be at liberty to search the said books on payment of the fee mentioned in the schedule hereunto annexed. of any search so recorded, or any portion thereof, upon pay. 4. That every person shall be entitled to an attested copy ment of the fees mentioned in the schedule hereunto annexed; and the registrar or assistant registrar of deeds and regis. trar of judgments in Ireland for the time being, upon being livered to the person making such requisition an attested furnished with a specific requisition, shall cause to be decopy of every such recorded negative search, or the portion thereof in such requisition mentioned; and all the penalties trars are liable in respect of fraud, collusion, or neglect in and liabilities to which such registrars and assistant regismaking the original searches and certificates shall extend to the attested copies to be given under this act. 5. That every such attested copy of every such recorded negative search and certificate, so signed as aforesaid, shall have the same force and effect, and shall be accepted and received in the same manner and for the said purposes, as an original negative search or certificate to the same extent and in the same terms. 6. That the fees payable to the said registrar of deeds and registrar of judgments under this act shall be deemed and taken to be part of the fees payable to them under the acts for the regulation of their respective offices, and shall be applied and accounted for according to the provisions of said acts. 7. And whereas by the 2 & 3 W. 4, c. 87, it was pro'vided that alphabetical indexes of the names of the persons and of the lands affected by the memorials registered in 'said office should be made and kept in the manner and according to the form particularly specified in said act; and whereas the making of searches in said office may be faci Judg.litated by alterations in the form of such indexes: be it enacted, that the commissioners of her Majesty's treasury may make any alterations in the forms of the indexes of names and lands directed by said recited act to be made. and to order that a sufficient index or indexes shall be prepared to the several books in the office of the said registrar of judgments; and from the time of making any such order, or from any time to be specified therein, the said indexes shall be made and kept in such manner and form as the said commissioners of her Majesty's treasury, or any three of them, shall in such order specify and direct; and the said commissioners in like manner may vary or rescind any such order as aforesaid. 14. Power to Treasury to consolidate Offices. 15. Act may be amended,' &c. Whereas it is expedient to afford further facilities for ⚫ the transfer of landed property in Ireland, by diminishing the expense of registry searches, and otherwise:' be it enacted, that the registrar of deeds and the registrar of judgments in Ireland for the time being shall and they are hereby required, previous to giving out of said office any negative search, to cause a copy of such negative search to be entered on parchment in books to be provided for the purpose and to be kept in their offices respectively among the records thereof. 8. That the said commissioners may order and direct that any expenses which may appear to them to be requisite for or to be necessarily and properly incurred in carrying the purposes of this act into effect shall be defrayed out of the balances on the accounts of the said registrars in respect of the said register of offices, or in such other manner as the said commissioners shall think fit to direct. 9. That for and in respect of the entries, endorsements, certificates, and other matters or acts hereby directed or required to be performed, the officers discharging said duties shall respectively be entitled to demand and receive the several fees specified in the schedule to this act annexed, which schedule, and all directions therein contained, shall be deemed and taken to be part of this act; and the said commissioners, by order under their hands, from time to time may alter and vary the fees specified in the said schedule, and to substitute other fees therefor. 4 12. That from and after the passing of this act no judg-" ment, crown bond or recognizance, rule, decree, order, or lis pendens, shall be registered by the said registrar of judgments, pursuant to the 7 & 8 Vic. c. 90, unless and until there shall be subscribed to the memorandum or minute by said act required to be left with said registrar a certificate of the existence of the judgment, crown bond or recognizance, rule, decree, order, or lis pendens, described in said memorandum or minute, such certificate to be signed by the proper officer of the court in which such judgment, crown bond or recognizance, rule, decree, order, or lis pendens shall have been entered or obtained; and that the said registrar of judgments, upon the lodgment with him of any such memorandum or minute, shall, if required, endorse upon a duplicate thereof a certificate of the lodgment and entry thereof, for which certificate no fee shall be paid to him beyond the fee authorized by the said act for such entry. 10. And whereas by the 7 & 8 Vic. c. 90, provision was 13. And whereas by the 7 & 8 Vic. c. 90, no bonds or made for the registry in the office created by such act, and ' recognizances to the Crown to be thereafter entered into called “the Judgment office," of all judgments of the suor passed shall affect lands, tenements, or hereditaments perior courts of common law, and of crown bonds and reas to purchasers or mortgagees or creditors until duly recognizances, and of all decrees, rules and orders which, gistered according to the directions of the said act, but no under the 3 & 4 Vic. c 105, had the force and effect of 'similar provision is made with respect to obligations to the judgments of the superior courts of common law, in order • Crown previously existing and whereas bonds and reeogto make same binding as against purchasers, mortgagees, 'nizances to the Crown passed or entered into at remote and creditors, but no sufficient provision was made by said 'periods, and filed as of record in her Majesty's courts in recited act for the registry in said office of the satisfaction 'Ireland, remain in full force, and operate as incumbrances of judgments, crown bonds or recognizances, decrees, rules, on land, notwithstanding that the conditions upon which or orders registered therein :' be it enacted that the registhey were passed or entered into may have been long since trar of judgments shall, upon the lodgment with him of a cer'satisfied and performed, and no claim may exist on foot tificate of the entry of satisfaction upon the roll of any judg'thereof on the part of the Crown, and it is expedient to ment of any of the superior courts of common law which may 'extend the principle of the aforesaid provision to such cases, have been registered under said recited act, or which may and thereby further facilitate the transfer of landed proappear upon the books of revivals and redocketings which, 'perty:' be it enacted, that from and after the 1st of Jan. under the provisions of said recited act, were transferred to 1849, no bond or recognizance to the Crown so filed as of said registrar, signed by the proper officer of such superior record in Ireland, which shall be more than twenty years court of common law, or upon the lodgment with him of the old from the date thereof shall affect any lands, tenements, certificate of the cancelling or vacate of any bond or recogor hereditaments as to purchasers or mortgagees or credinizance to the Crown, signed by the proper officer in that tors, unless and until a memorandum or minute, duly authenbehalf, and which certificate such officers are hereby autho- ticated, containing the name and usual or last known place rized and required respectively to give, cause a memorandum of abode, and the title, trade, or profession of the person of such satisfaction, cancelling, or vacate to be subscribed whose estate is intended to be affected, the sum for which to the entry of the registry of such judgment, or of the resuch bonds or recognizance was passed or entered into, and vival or re-docketing thereof, or of such crown bond or rethe date of the same, shall be left with the registrar of judgcognizance, specifying the date at which such satisfaction, ments, who shall forthwith enter the same particulars in a cancelling or vacate appears by such certificate to have been book to be entitled "Re-docketed Crown Bonds and Recogentered on record, and shall sign such memorandum, and nizances," to be kept in alphabetical order by the name of shall, if required, endorse upon a duplicate of such certificate the person whose estate is intended to be affected by such a minute, stating that such memorandum has been entered bonds or recognizances; and for every such entry the said as aforesaid; and upon every search made in the said judg- registrar shall be entitled to the same fee as is authorized ment office subsequently to the entry of such memorandum by the said act for each entry in the book intituled “The as aforesaid, whereon such judgment, crown bond or recog-Index of Debtors and Accountants to the Crown," and all nizance shall appear, the entry of such memorandum shall be stated. 11. That from and after the passing of this act every court judge, commissioner, or other person by whom any decree, rule or order has been or shall be pronounced or made, which, under the 3 & 4 Vic. c. 105, has the force and effect of a judgment, upon its being made to appear to them or him that such decree, rule or order has been fully performed, complied with, or satisfied, shall direct the proper officer to give a certificate thereof, and record the same in his office; and in case said decree, rule or order shall have been or shall be registered under the provisions of the said act of the 3 & 4 Vic. c. 105, or under the 7 & 8 Vic. c. 90, the registrar of judgments shall, upon the lodgment with him of such certificate, cause a memorandum thereof to be annexed or subscribed to the entry of the registry of such decree, rule, or order, specifying therein the date of such certificate, and shall sign such memorandum, and shall, if required, cause a minute of the entry of such memorandum to be endorsed upon a duplicate of such certificate; and in every search made in said judgment office after the entry of such memorandum, whereon such decree, rule, or order shall appear, the entry of such memorandum of satisfaction shall also be stated. persons shall be at liberty to search the said book, as well as the books directed by the said act to be kept by the said registrar, on payment of the fee by the said act autho rized. 14. And whereas by the operation of this act the duties ' of certain offices may be diminished, and it will therefore 'be expedient, having regard to economy, to discontinue 'them as separate offices, and to provide for the discharge ' of such duties as may remain to be performed;' be it enacted that in such cases the commissioners of her Majesty's treasury, or any three of them for the time being, shall have power, if they shall think fit, by their warrant, after the passing of this act, to order that a consolidation of any office so affected shall take place with some existing office of the court to which it belongs; and any order made as aforesaid for the regulation of the business of such office shall be of as much force as if it had been specifically enacted herein, and the officer to whom the duties as aforesaid shall be so transferred shall have as full power and jurisdiction for all official purposes as were enjoyed or belonged to the officer whose duties shall be so transferred. 15. That this act may be amended or repealed by any act to be passed in the present session of Parliament, When such Copy shall exceed Three Folios, for every Folio, For every other Certificate directed or required by this Act, including a Duplicate thereof, For every Memorandum of Satisfaction of a Judg ment, Crown Bond, or Recognizance, Decree, Rule, or Order, to be subscribed or annexed to the original Entry of Registry in the Office of Registrar of Judgments, pursuant to this Act, including the Endorsement thereof directed by this Act, For Liberty to search the Book or Books in the Office of Registrar of Deeds containing the recorded Copies of Negative Searches, 1 0 0 1 0 0 4 1 0 CAP. CXXVIII. An act for carrying into effect the agreement between Her Majesty and the Imaum of Muscat for the more effectual suppression of the slave trade. [5th September, 1848.] CAP. CXXIX. An act for amending an act passed in the ninth and tenth CAP. CXXX. An act for guaranteeing the interest on such loans, not NEW LAW BOOKS, Lately published by EDWARD J: MILLIKEN, 15, COLLEGE GREEN, 2 6 LAW OF DEBTOR AND CREDITOR IN IRELAND. 1 0 An act to alter the laws and regulations of excise respecting the survey of dealers in and retailers of spirits, and res By WILLIAM GERNON, Esq., Barrister-at-law, "The concise and lucid style in which the subject of this work is treated cannot fail to render it clear and intelligible to the most limited capacity. *** We can confidently recommend it to the patronage of the profesion and the public at large."-Freeman's Journal, "The value of this Treatise is much enhanced by the forms appended, and the whole is a very good available summary which will be found like useful to the Lawyer, the Magistrate, the Proprietor of landed property, and the Trader."– Dublin Evening Mail. 12mo, Second Edition, Price 2s. 6d-by post, 35. Act to facilitate the Sale of Incumbered Estates in pecting the sale and removal of spirits by permit from the land, with a Copious Index and Direction for proceeding (under stock of such traders; and respecting the distribution of CAP. CXXII. 8vo. price 166.-free by Post, PRACTICAL TREATISE ON PLEADING BY BILL in the COURTS OF EQUITY in IRELAND; adapted to the General Orders. By ALFRED M'Farland, Esq., Barrister.at Lav REPORTS OF PRACTICE AND NISI PRIUS CASES, Registry and Civil Bill Appeals,) DECIDED in the SUPE RIOR COURTS, and at the AFTER SITTINGS; with Index and Table of Cases. By J. BLACKHAM, W. J. DUNDAS, and R. W. Ostok, Esqrs., Barristers at-Law. Part IV., completing Vol. 1., price 5. Q UESTIONS FOR LAW STUDENTS on the Second Edition of Mr. Serjeant Stephen's New Commentaries on the Laws of England. By JAMES STEPHEN, Esq. of the Middle Temple, Bar. rister at-Law. I vol. 8vo. cloth boards, price 10s. 6d. priorities of the charges made te th the London Bridge CONCISE FORMS OF WILLS, with Practical Notes. approaches fund," and to facilitate the completion of cer. The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of Law and Equity in Ireland, are as follows: Court of Chancery, including Bankruptcy Appeals ...... Rolls Court... Equity Exchequer...... Bankrupt Court....... S ROBERT LONG, Esq., and JOHN PITT Kennedy, Esq., risters-at-Law. Bar WILLIAM BURKE, Esq., and WILLIAM JOHN DUNDAS, Esq., Barristers-at-Law. CHARLES HARE HEMPHILL, Esq. and WILLIAM HICKSON, Esq, Barristers-at Law. ROBERT GRIFFIN, Esq. and W. G. CHAMNEY, Esq. Barristers-at-law. ROBERT GRIFFIN, Esq. and W.G. ROBERT GRIFFIN, Esq. and W.G. DUBLIN, JUNE 30, 1849. A BILL "to amend the law of judgments in Ireland," which will be found elsewhere in our present columns, has been brought into the House of Commons during the past week, the provisions of which, if enacted in their present shape, will rank among the most important statutes of the session, repealing the 9 Geo. 2, c. 5, and the 5 Geo. 2, c. 14-the acts giving power of assigning judgments, the 5 & 6 W. 4, c. 55, s. 31, and 3 & 4 Vic. c. 105, s. 21, which gave creditors the power of appointing receivers by petition over the lands of their debtor-the statute of Westminster, 13 Ed. 2, c. 18, and 3 & 4 Vic. s. 19-so far as they relate to the time at which the sheriff is to find the seizure or possession of lands by the defendant, (which, after the 31st of December, 1849, is to be the period when the writ of Elegit is delivered to the sheriff for execution, instead of, as heretofore, the entry of the judgment,) and repealing the 3 & 4 Vic. c. 105, s. 22, by which judgments were made a charge upon land. Whether benefit will be derived from those portions of the contemplated Act which deprive a creditor of the power of assigning his judgment, and make it to be no longer a charge upon the lands of his debtor, we apprehend, will create much difference of opinion. The difficulties thrown in the way of the transfer of land, in consequence of the number of judgments affecting property in Ireland, operated most injuriously both upon debtor and creditor, the expense of clearing the title from these charges being great. It had been also a matter of doubt, whether the release of a judgment over part of the lands of the debtor did not extinguish it as against the residue; but this has been set at rest by the 98th section of the 11 & 12 Vic. c. 48, (the Incumbered Estates Bill of last session ;) and a judgment may now be released as to part, and be preserved as to the rest of the land which it bound. Much of the evil connected with this species of security arose from the want of a single and proper registry; this has been removed by Sir Edward Sugden's last act, 7 & 8 Vic. c. 90, an act for the protection of purchasers, which, for the purpose of binding purchasers, rendered it necessary that every judgment should appear on the same registry; and no purchaser is affected, even though he have otherwise notice of the existence and validity of the judgment. Another evil arose from the universality of the judgment binding every existing interest in lands, and every future interest. And a still greater practical evil, was the facility of placing a debtor's lands under under the controul of a Court of Equity for a trifling debt of £5 or £10; and this was much enhanced by the defective and ruinous system of managing estates by absentee receivers; and by a court which was powerless for improvement, and unfitted to assume the duties of a landlord over an impoverished or rack-rented tenantry. These evils were curable by limiting the amount of debt for which a judgment creditor could obtain a receiver, and by improving the system of managing estates under the control of the Court. But despite even them, judgments were a favourite security in Ireland; they were the common assurance of the country; any change in the laws affecting them required caution, practical knowledge, great care, and deliberation. That part of the bill which deprives the creditor of the power of appointing a receiver for judgments to be obtained after the 31st of December, 1849, appears, we think, very objectionable. We believe, the policy of the legislature in proposing this measure was, to render the mode of proceeding upon judgments for the recovery of debts less facile, and the security less valuable, and thus drive capitalists to lend their money upon mortgage security. Even admitting the policy of the measure to be well founded, there appears to be considerable doubt as to its well-working. The remedy by elegit is still left open to the creditor. This is objectionable. That proceeding is more expensive to the debtor, and less satisfactory to the creditor. The sheriff having found by inquisition the metes and bounds, cannot deliver actual possession, but only such seizure as will enable the creditor to maintain his ejectment. The costs of these proceedings the debtor must bear, and perhaps those of litigated accounts, as to how much of the profits of the debtor's estate the creditor should or should not have received without default. He is at the uncontrolled mercy of his creditor. His estate lets for less than the value, as the creditor can give no certain tenure, and is precluded from abating rents, making allowances or improvements, as all would be charged against him in the account, as so much that might have been received by him towards the liquidation of his demand. The policy of the measure being, as we have said, to prevent the borrowing of money upon judgment security, and supposing it fully effectuated by the proposed measure, there still must be a very large number of judgments in debt and damages, in actions in the superior courts; decrees, orders, and rules of the Courts of Equity, Law, and Bankruptcy, which have, and under this bill are proposed to be invested with, the effect of judgments entered after the 31st day of December, 1849-which cannot be said to come within the evils to be remedied, they not being strictly money advances. On all these, if execution against the body or goods be unavailing, the creditor must resort to his elegit. This could, we think, be better and less expensively done through the means of an improved system of receivers; for which purpose a committee of the House of Commons is, at this moment, collecting evidence as the foundation of a measure for the improvement of the receiver system. What we would propose is, that all persons obtaining a judgment in an action prosecuted in a superior court of law, and all persons having a money demand under such decrees, rules, or orders, as would have the force of judgments, and which judgment or demand, exclusive of the costs of obtaining such judgment or decree, &c., should not exceed £100, should still have the power of appointing a receiver; and it might be provided that all persons whose judgments, under a certain amount, should be founded on a warrant of attorney, should not have this power. This, with an improved system of receivership, and a reduction in the expenses of the petition, would work beneficially for creditor and country. Whilst on the subject of receivers, though perhaps not within the scope of our present subject, we would suggest, that, whilst the amount of the judgment over which a receiver could be appointed should be limited in the one direction, to preserve the policy of the measure under consideration, and for the benefit of debtors a receiver should not be appointed, when the amount of the judgment obtained by confession was less than £100, or the income of his property available for the purpose of payment less than £50. In such case a summary power of sale, on petition to the Master of the Rolls, or Lord Chancellor-who should be enabled to give a parliamentary title-would be most desir able. A measure of this nature, instead of interfering with, would work in the direction of the present bill, by facilitating the transfer of land. If the intention of the legislature was to abolish the system of receivers in toto, we would not advocate their retention for this purpose alone; but independently of their existence in causes, receivers will be still appointed under the mortgage acts, and for at least twenty years under the 5 & 6 W.4, and 3 & 4 Vic. Independently of the policy of the bill before us, we have never seen one which, on a cursory glance, discloses a greater number of legal doubts. The first section repeals all those portions of the 5 & 6 W. 4, and the 3 & 4 Vic. 105, relating to receivers under the judgment acts, save so far as they relate to judgments or decrees, &c., entered into before the 31st of December, 1849. Suppose a judgment entered in March, 1849, revived within twenty years, could a receiver be appointed on the judg ment of revivor? This, we apprehend, will raise a serious question, which, we believe, has not been satisfactorily settled, and will be found discussed in the cases of Farrell v. Gleeson, (11 Cl. & Fin. 702); and Ottiwell v. Farran, (10 CL. & Fin. 319.) In the next place, under the provision in this bill there is no method whatever in proceeding upon a recognizance, except by bill. The 31 sec. of the 5 and 6 W. 4, c. 55, enacts that no grant in custodiam shall be made after the passing of that act, except in trust for the crown; a receiver cannot be appointed upon any recognizance entered after the 31st of December, 1849. So that there will be no summary made of proceeding on a recognizance entered into after that date. The 2nd section enacts that the sheriff shall deliver execution unto the party, in that behalf suing, of such lands, &c. as the debtor, at the time when such writ of elegit is delivered to the sheriff, had any disposing power. The 3 and 4 Vic. c. 105, extended the statute, West. 13, Ed. 1, c. 18, by conceding to the creditor the power of extending the whole of the debtor's lands, but did not repeal it, nor does this act. So that a question may arise whether the creditor may not still have his execu tion for the moiety, the enquiry being as to what lands the debtor was seised or possessed of, as to the moiety, at the time of the entry of the judgment instead of the delivery of the writ to the sheriff under this act. The 3rd section leaves the equitable rights of judgment creditors as they existed before the passing of the 5 and 6 W. 4, c. 55. The 4th section preserves the rights of judgment creditors after the 31st of December, 1849, with respect to the administration of assets, as they are at present. The 5th section is a valuable enactment, giving |
