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2. The registry required of any writ, &c., of execution shall Registry of writ. be made by a memorandum or minute referring to the judgment, &c., which shall be left with the senior master of the Court of Common Pleas (a), who shall enter the particnlars in a book in alphabetical order [by the name of the debtor].
bound until delivered in exe
An Act to Amend the Law relating to future Judgments,
Statutes, and Recognisances.
27 & 28 Vict. c. 112. 1. No judgment, statute, or recognisance to be entered up Lands not to be after the passing of this Act shall affect any land (of whatever tenure) until such land shall have been actually delivered in cution. execution by virtue of a writ of elegit, or other lawful authority in pursuance of such judgment, &c. (6)
2. “ Judgment” shall include registered decrees and orders Interpretation of having the operation of judgments.
· Land” shall include corporeal and incorporeal hereditaments, or any interest therein.
Debtor” shall include husbands of married women, (trustees] of bankrupts, committees of lunatics, and heirs or devisees of deceased persons.
3. Every writ or other process of execution of any such Registry of writ. judgment, &c., by virtue whereof any land shall have been actually delivered in execution shall be registered as provided by the 23 & 24 Vict. c. 38, in the name of the debtor, and no other registration shall be necessary.
(a) By 42 & 43 Vict. c. 78, the office of tho registrar of judgments bas been amalgamated with the Central Office.
(6) A judgment creditor became transferee of a mortgage of lands belonging to the debtor. He then issued a writ in the Chancery Division, claiming an account of what was due to him on both mortgage and judgment, and an order for payment, with or without relief; and on the same day be obtained an ex parte order for an interim receiver extending over seven days. At the expiration of the seven days he obtained, on motion upon notice, an order absolute for appointment of the same person to be receiver on giving security. On the same day the debtor filed a liquidation petition, and a motion in bankruptcy by the trustee in the liquidation to stay the action was refused. The creditor had not sued out an elegit. Held, that the appointment of the receiver was such a delivery in execution of the mortgaged lands by lawful authority within this section as to render the judgment creditor a “ secured creditor” within sect. 16 (5) of the Bankruptcy Act, 1869; and that he was entitled to hold the lands comprised in the mortgage deed as a security for his judgment, as well as for his mortgage debt. Since the Judicature Acts came into operation it is unnecessary for a judgment creditor, who seeks to affect a purely equitable interest of his debtor in land, to issue a writ of elegit: (Ex parte Evans ; Re Watkins, 41 L. T. 565 ; 11 Ch. Div. 691; 13 Ch. Div. 252; 48 L. J. 97, Bank.)
Sale of land delivered in execution.
4. Every creditor to whom any land of his debtor (a) shall have been actually delivered in execution by virtue of any such judgment, &c., and whose process of execution shall be duly registered, shall be entitled forthwith, or at any time afterwards, while the registry of such process shall continue in force, to obtain from the [Chancery Division] upon petition, in a summary way an order for the sale of his debtor's interest in such land, and every such petition may be served upon the debtor only, and thereupon the court shall direct all such inquiries to be made as to the nature and particulars of the debtor's interest in such land, and his title thereto, as shall appear to be necessary or proper, and in carrying into effect such order for sale, the practice of the said court with respect to sales of real estates of deceased persons for payment of debts shall be followed as far as the same may be found conveniently applicable.
5. If it shall appear on making such inquiries, that any other debt due on any judgment, &c., is a charge on such land, the creditor entitled to the benefit of such charge (whether prior or subsequent to the charge of the petitioner), shall be served with notice of the order for sale, and shall then be bound thereby and be at liberty to attend the proceedings under the same, and have the benefit thereof. The proceeds of the sale shall be distributed among
be found entitled thereto according to their respective priorities.
6. Every person claiming any interest in such land through or under the debtor by any means subsequent to the delivery of such land in execution as aforesaid shall be bound by such order and the proceedings thereon.
The Judgments Extension Act, 1868.
31 & 32 Vict. c. 54. By this Act a judgment of a superior court of England, Scotland, or Ireland, is rendered as effectual as regards execution in either of the other two parts of the United Kingdom, if registered there, as if originally obtained there.
Inferior Courts Judgments Extension Act, 1882.
45 & 46 Vict. c. 31. By this Act a judgment of an inferior court of England, Scotland, or Ireland, is rendered as effectual as regards execution
(a) Only lands which the debtor could himself have sold : (Re Bishop's Waltham Railway Company, 2 Ch. 382.)
in either of the other two parts of the United Kingdom, if registered there, as if originally obtained there.
LANDLORD AND TENANT.
Frauds committed by Tenants.
8 ANNE, c. 14. 1. No goods or chattels being in or upon any messuage, lands, Right of landlord or tenements leased for life, for years (a) at will, or otherwise, as against exeshall be liable to be taken in execution, unless the party issuing the same shall, before the removal of such goods from off the said premises by virtue of such execution, pay to the landlord or his bailiff such sum as shall be due for rent for the said premises at the time of the taking such goods or chattels by virtue of such esecution; provided the arrears of rent do not amount to more than one year's rent, and in case the said arrears shall exceed one year's rent, the party issuing execution, paying the said landlord or his bailiff one year's rent, may proceed to execate his judgment.
6 and 7. Any person or persons having any rent in arrear, or Distress atter due upon any lease for life, for years, or at will, ended or determined, may
distrain for such arrears after the determination of the said respective leases in the same manner as if such lease or leases had not been ended or determined ; provided that such distress be made within six calendar months after such determination, and during the continuance of such landlord's title or interest, and during the possession of the tenant from whom such arrears became due.
determination of lease.
An Act for the more effectually preventing Frauds com
mitted by Tenants, and for the more easy Recovery of Rents and Renewal of Leases.
4 Geo. 2, c. 28. 1. In case any tenant or tenants for life or years (b) or other Tenant holding person or persons, who shall come into possession of any lands, over after notice tenements, or hereditaments, by, from, or under, or by collusion landlord. with such tenant or tenants, shall wilfully hold over any lands, tenements, or hereditaments, after the determination of such term or terms, and after demand made, or notice in writing
to quit from
(a) Where the tenancy is less than yearly, see 7 & 8 Vict. c. 96, infra. ; and 19 & 20 Vict. c. 108, s. 75, post, Part II., title “Statutes Relating to the County Courts."
(6) A weekly tenant is not within the Act: (Lloyd v. Rosbee, 2 Camp
given, for delivering the possession thereof, by his or their landlords or lessors, or the person or persons to whom the remainder or reversion of such lands, &c., shall belong, his or their agent or agents thereunto lawfully authorised, then such person or persons so holding over, shall, during the time he, she, or they shall so hold over or keep the person or persons entitled out of possession of the said lands, &c., pay to the person or persons so kept out of possession, their executors, administrators, or assigns, at the rate of double the yearly value of the lands, &c., so detained, for so long time as the same are detained, to be recovered by action of debt.
5. Power to distrain for rents seck.
An Act for the more effectual Securing the Payment of
11 GEO. 2, c. 19. Fraudulent 1 and 2. Power to landlords to distrain and sell goods removal.
fraudulently or clandestinely carried off the premises to prevent distress, within thirty days, unless bonâ fide sold to any person not privy to the fraud (a)
3. Every person so offending shall pay to the landlord double the value of the goods so removed, to be recovered by action of debt, but
4. Where the value of the goods does not exceed 501., summary proceedings may be taken before two justices of the peace, from whom
5. An appeal shall lie to the quarter sessions.
7. Power to landlords (subject as in this section mentioned), to break open houses, &c., to seize goods fraudulently secured therein, to prevent distress.
8. Power to landlords to distrain stock or cattle and crops on cattle and crops. the demised premises for arrears of rent.
9. Notice shall be given to the tenant of the place where the goods distrained shall be lodged. In the case of crops, the
distress shall cease if the rent be paid before they are cut. Desertion of 16 and 17. Provisions as to summary proceedings before two premises.
justices when tenants desert the premises and [half] a year's
Power to distrain
rent is in arrear, Tepant holding 18. In case any tenant shall give notice of his intention to over after giving notice to quit.
quit at a time mentioned in such notice, and shall not deliver up possession at the time in such notice contained, he shall pay to the landlord double the rent which he should otherwise have
(a) The removal must have taken place after the rent became due : (Il'atson v. Main. 3 Esp. 16.)
paid, to be recovered in the same manner as the simple rent, and such double rent shall continue to be paid during all the time such tenant shall continue in possession aforesaid.
19. Where any distress shall be made for any kind of rent Irregularity in justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining or his agent, the distress shall not be deemed unlawful nor the party making it a trespasser ab initio, but the party aggrieved may recover full satisfaction for the special damage sustained and no more, but
20. If the party distraining or his agent has made tender of amends before action, such tenant shall not recover.
An Act to amend the Law of Insolvency, fc.
7 & 8 VICT. 0. 96. No landlord of any tenement let at a weekly rent shall have any claim or lien on any goods taken in execution under the process of any court of law for more than four weeks' arrears of rent; and if such tenement shall be let for any other term less than a year the landlord shall not have any claim or lien on such goods for more than the arrears of rent accruing during four such terms or times of payment.
lieu of emblements.
An Act to improve the Law of Landlord and Tenant, in
relation to Emblements, to growing Crops seized in execution, and to Agricultural Tenants' Fixtures.
14 & 15 Vict. 0. 25. 1. Where the lease or tenancy of any farm or lands held by a Holding on in tenant at a rack-rent shall determine by the death or cesser of the estate of any landlord entitled for his life or for any other uncertain interest, instead of claims to emblements, the tenant shall continue to hold and occupy such farm or lands until the expiration of the then current year of his tenancy, and shall then quit upon the terms of his lease or holding, in the same manner as if such lease or tenancy were then determined by effluxion of time or other lawful means during the continuance of his landlord's estate.
The succeeding landlord or owner shall be entitled to recover and receive of the tenant in the same manner as his predecessor or such tenant's lessor could have done, a fair proportion of the rent from the day of the death or cesser of the estate of such predecessor, to the time of the tenant so quitting; and the succeeding landlord or owner and the tenant respectively shall, as between themselves, and as against each other, be entitled to