shall be served with notice of the said order for sale, and shall 27 & 28 Vict. c. 112, s. 5. after such service be bound thereby, and shall be at liberty to attend the proceedings under the same, and to have the benefit thereof; and the proceeds of such sale shall be distributed among the persons who may be found entitled thereto, according to their respective priorities.

The priorities of judgment creditors inter se are determined by the date at which the writs issued upon their judgments are placed in the hands of the sheriff (Guest v. Cowbridge R. Co., 6 Eq. 619).

6. Every person claiming any interest in such land through Parties claimor under the debtor, by any means subsequent to the delivery ing interest of such land in execution as aforesaid, shall be bound by every debtor bound through such order for sale, and by all the proceedings consequent by order for thereon.

7. This act shall not extend to Ireland.

sale.

Extent of act.

IV. THE LAND CHARGES REGISTRATION AND SEARCHES

ACT, 1888.

51 & 52 VICT. c. 51.

PART I.-INTRODUCTORY.

1. This act may be cited as the Land Charges Registration 51 & 52 Vict. and Searches Act, 1888.

c. 51, s. 1.

Short title.

2. This act shall come into operation on the first day of CommenceJanuary one thousand eight hundred and eighty-nine, which ment. day is in this act referred to as the commencement of this act : Provided that any rules under this act may be made, and any other thing for the purpose of bringing this act into operation may be done, at any time after the passing thereof, but any such rules or thing shall not take effect until the commencement of this act.

3. This act shall not extend to Scotland or Ireland.

4. In this act:

Extent.

Interpreta

"Land" includes lands, messuages, tenements, and heredita- tion.
ments corporeal and incorporeal of any tenure.
"Purchaser for value" includes a mortgagee or lessee, or
other person who for valuable consideration takes any
interest in land or in a charge on land, and "purchase
has a meaning corresponding with purchaser.

51 & 52 Vict.

c. 51, s. 4.

24 & 25 Vict. c. 133.

46 & 47 Vict. c. 61.

50 & 51 Vict. c. 57.

"Person" includes a body of persons corporate or unincorporate.

"Prescribed" means prescribed by any general rules made in pursuance of this act.

"Act of Parliament " includes local and personal act.

"Land charge" means a rent or annuity or principal moneys payable by instalments, or otherwise, with or without interest charged, otherwise than by deed, upon land, under the provisions of any act of parliament, for securing to any person either the moneys spent by him or the costs, charges, and expenses incurred by him under such act, or the moneys advanced by him for repaying the moneys spent, or the costs, charges, and expenses incurred by another person under the authority of an act of parliament, and a charge under the thirty-fifth section of the Land Drainage Act, 1861, or under the twenty-ninth section of the Agricultural Holdings (England) Act, 1883, but does not include a rate or scot (1).

"Deed of arrangement" has the same meaning as in the Deeds of Arrangement Act, 1887.

66

Judgment" does not include an order made by a court having jurisdiction in bankruptcy in the exercise of that jurisdiction, but, save as aforesaid, includes any order or decree having the effect of a judgment.

(7) The charge arising under the Public Health Act, 1875, s. 257, for repayment of expenses incurred by a local authority is not a "land charge" within this act, and need not be registered (R. v. Land Registry, 24 Q. B. Div. 178).

Register of writs and orders affecting land.

PART II.-REGISTRATION OF WRITS AND ORDERS AFFECTING

LAND.

5.—(1.) There shall be established and kept at the Office of Land Registry a register of writs and orders affecting land, and there may be registered therein, in the prescribed manner, any writ or order affecting land issued or made by any court for the purpose of enforcing a judgment, statute, or recognizance, and any order appointing a receiver or sequestrator of land (m).

(2.) Every entry made in pursuance of this section shall be made in the name of the person whose land is affected by the writ or order registered.

(3.) The registration of a writ or order in pursuance of this act shall cease to have effect at the expiration of five years from the date of the registration, but may be renewed from time to time, and, if renewed, shall have effect for five years from the date of the renewal.

(4.) Registration of a writ or order in pursuance of this section shall have the same effect as, and make unnecessary,

registration thereof in the Central Office of the Supreme Court 51 & 52 Vict. of Judicature in pursuance of any other act.

(m) The registration of a writ or order affecting land may be vacated pursuant to an order of the High Court or any judge thereof (S. L. A. 1890, s. 19, post see Cook v. Cook, 15 P. D. 116).

c. 51, s. 5.

against non

6. Every such writ and order as is mentioned in section five, Protection of and every delivery in execution or other proceeding taken in purchasers pursuance of any such writ or order, or in obedience thereto, registered shall be void as against a purchaser for value of the land unless writs and the writ or order is for the time being registered in pursuance orders.

of this act.

Provided that

*

(b) where the proceeding in which the writ or order was issued or made is for the time being registered as a lis pendens in the name of the person whose land is affected by the writ or order, nothing in this section shall affect the operation of such registration.

This section has been extended to Crown judgments by sect. 3 of the Land Charges Act, 1900 (post, p. 513); and by sect. 5 of the same act proviso (a), which was temporary, has been repealed.

As to registering a lis pendens, see ante, p. 499.

PART III.-REGISTRATION OF DEEDS OF ARRANGEMENT.

deeds of

7. A register (in this act called the register of deeds of arrange- Register of ment affecting land) shall be kept at the Office of Land Registry, arrangement and deeds of arrangement may be registered therein, in the affecting land. prescribed manner, in the name of the debtor.

8. A deed of arrangement may be registered in the register Registration of deeds of arrangement affecting land on the application of a of deeds of trustee of the deed, or of a creditor assenting to or taking the arrangement. benefit of the deed, and the registration may be vacated pursuant

to an order of the High Court of Justice or any judge thereof.

9. Every deed of arrangement, whether made before or after Protection of the commencement of this act, shall be void as against a person purchasers who, after the commencement of this act, becomes a purchaser registered against unfor value of any land comprised therein or affected thereby, deeds of unless and until such deed is registered in the register of deeds arrangement. of arrangement affecting land: Provided that nothing in this section shall affect any deed of arrangement made before the commencement of this act until the expiration of one year from the commencement of this act if registered within that year.

51 & 52 Vict.

PART IV.-REGISTRATION OF LAND CHARGES.

10. A register, in this act called the register of land charges, c. 51, s. 10. shall be kept at the Office of Land Registry, and land charges may be registered therein in the prescribed manner :

Registry of land charges.

Expenses.

Protection of purchasers against unregistered charges.

Non-registered land charge existing at commencement

of this act.

Vacation of entry.

Index to registers.

(1.) In the case of freehold land, in the name of the person

beneficially entitled to the first estate of freehold at the time of the creation of the land charge:

(2.) In the case of copyhold land, in the name of the tenant on the court rolls at the time of the creation of the land charge.

Provided that where the person by or on behalf of whom the application was made pursuant to which the land charge was created was beneficially entitled to a lease for lives or a life at a rent or to a term of years the land charge shall be registered also in the name of that person.

11. The expenses incurred by the person entitled to a land charge created before the commencement of this act in causing the charge to be registered in the register of land charges shall be deemed to form part of such land charge, and shall be recoverable by him accordingly on the day for payment of any part of such land charge next after such expenses are incurred.

12. A land charge created after the commencement of this act shall be void as against a purchaser for value of the land charged therewith, or of any interest in such land, unless and until such land charge is registered in the register of land charges in the manner mentioned in this act.

13. After the expiration of one year from the first assignment by act inter vivos, occurring after the commencement of this act, of a land charge created before the commencement of this act, the person entitled thereto shall not be able to recover the same, or any part thereof, as against a purchaser for value of the land charged therewith or of any interest in such land, unless such land charge is registered in the registry of land charges in the manner mentioned in this act prior to the completion of the purchase.

14. The registration of a land charge may be vacated pursuant to an order of the High Court of Justice or any judge thereof.

PART V.-SUPPLEMENTAL.

15. An alphabetical index in the prescribed form shall be kept at the Office of Land Registry of all entries made in any register kept at that office pursuant to this act.

16. Any person may search in any register or index kept in 51 & 52 Vict. pursuance of this act on paying the prescribed fee.

See, generally, as to searches for judgments, writs, or orders, Elphinstone and Clark on Searches.

c. 51, s. 16. Searches.

17. The provisions as to searches in the Central Office, requi- Official sitions, certificates, officers, clerks, persons, and for the protection searches. of solicitors, trustees, agents, and other persons in a fiduciary position contained in the second section to the Conveyancing Act, 45 & 46 Vict. 1882, except so much of those provisions as relates to the making c. 39. of general rules, shall apply to searches in any register or index kept in pursuance of this act in the register of lis pendens, the register of deeds of arrangement affecting land, and the register of land charges, in the same manner as if this act had been described in Part I. of the First Schedule to the Conveyancing 44 & 45 Vict. and Law of Property Act, 1881.

c. 41.

18. The Lord Chancellor may at any time after the passing of General rules. this act, and from time to time, with the concurrence of the Commissioners of her Majesty's Treasury as to fees, make such general rules as may be required for carrying this act into effect.

The following rules have been issued:

Rule 1.-The several registers established by the act shall contain the following particulars respectively, or such other particulars as the registrar shall from time to time determine:

1. The register of writs and orders shall contain: (a) The name, address, and description of the person whose land is affected. (b) The date and nature of the writ or order, and the court, and the action or matter, by and in which the writ or order was issued or made. (c) The date of registration, and of any renewal of registration. (d) The name and address of the applicant or of the solicitor (if any) making the application.

2. The register of deeds of arrangement shall contain: (a) The name, address, and description of the person whose land is affected. (b) The date of the deed and the names of the parties, provided that where the creditors are numerous it shall not be necessary to specify more than three. (c) The date of registration. (d) The name and address of the applicant or of the solicitor (if any) making the application.

3. The register of land charges shall contain: (a) The name, address, and description, and capacity (that is to say, whether-(i.) beneficially entitled to the first estate of freehold; (ii.) tenant on the court rolls; or (iii.) beneficially entitled to a lease for lives or a life at a rent or for years) of the person in whose name the registration is made. (b) The date of the charge, the statute under which it is made, and the parish in which the land charged is situated. (c) The date of registration. (d) The name and address of the applicant or of the solicitor (if any) making the application. Rule 2.-Every application for registration shall, unless made by a solicitor, be supported by the statutory declaration of the applicant as to the truth of the particulars set forth in it.

Rule 3.-The alphabetical index shall consist of the registers themselves, all entries in such registers being made alphabetically in the manner now used in the register of judgments in the Central Office of the High