shall have been seised or possessed of at the time of entering up the said judgment, or at any time afterwards, 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, in like manner as the sheriff or other officer may now make and deliver execution of one moiety of the lands and tenements of any person against whom a writ of elegit is sued out; which lands, tenements, rectories, tithes, rents, and hereditaments, by force and virtue of such execution, shall accordingly be held and enjoyed by the party to whom such execution shall be so made and delivered, subject to such account in the Court, out of which such execution shall have been sued out, as a tenant by elegit is now subject to in a Court of Equity and that such party suing out execution, and to whom any copyhold or customary lands shall be so delivered in execution, shall be liable, and is thereby required, to make, perform, and render to the lord of the manor, or other person entitled, all such and the like payments and services as the person against whom such execution shall be issued, would have been bound to make, perform, and render, in case such execution had not issued; and that the party so suing out such execution, and to whom any such copyhold or customary lands shall have been so delivered in execution, shall be entitled to hold the same until the amount of such payments and the value of such services, as well as the amount of the judgment, shall have been levied; and it is also provided, that, as against purchasers, mortgagees, or creditors, who shall have become such before the time appointed for the commencement of the said Act, such writ of elegit shall have no greater or other effect than a writ of elegit would have had in case the said Act had not passed.

The 12th section also provides, that, by virtue of any writ of fieri facias to be sued out of any superior or inferior Court, after the time appointed for the commencement of the said Act, or any precept in pursuance thereof, the sheriff or other officer having the execution thereof, may and shall seize and take any money or bank notes (whether of the governor and company of the Bank of England, or of any other bank or banker), and any checks, bills of exchange, promissory notes, bonds, specialties, or other securities

As to the seizure of checks in the Accountant-General's Office, see Courtoy v. Vincent, 15 Beav. 486; Watts v. Jefferyes, 3 Mac. & Gor. 422.

for money, belonging to the person against whose effects such writ of fieri facias shall be sued ; and may or shall pay or deliver to the party suing out such execution, any money or bank notes which shall be so seized, or a sufficient part thereof; and may and shall hold any such checks, bills of exchange, promissory notes, bonds, specialties, or other securities for money, as a security or securities for the amount by such writ of fieri facias directed to be levied, or so much thereof as shall not have been otherwise levied and raised; and may sue in the name of such sheriff or other officer, for the recovery of the sum or sums secured thereby, if and when the time of payment thereof shall have arrived; and that the payment to such sheriff or other officer, by the party liable on any such check, bill of exchange, promissory note, bond, specialty or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment, or of such recovery and levy in execution, as the case may be, from his liability on any such check, bill of exchange, promissory note, bond, specialty, or other security; and such sheriff or other officer may and shall pay over to the party suing out such writ the money so to be recovered, or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied and if, after satisfaction of the amount so to be levied, together with sheriff's poundage and expenses, any surplus shall remain in the hands of such sheriff or other officer, the same shall be paid to the party against whom such writ shall be so issued. It is provided, however, that no such sheriff or other officer shall be bound to sue any party liable upon any such check, bill of exchange, promissory note, bond, specialty or other security, unless the party suing out such execution shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action.

The 13th section of the Act (which is framed for the express purpose of giving to judgments the effect of express charges upon real estates) enacts, that a judgment already entered up, or to be thereafter entered up, against any person in any of her Majesty's superior Courts at Westminster, shall operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents and heredita

ments (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 heredita

ments.

It is provided also, by the same section, that every judgment creditor shall have such and the same remedies in a Court of Equity, against the hereditaments so charged by virtue of the said 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 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; but 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 judgments;1 or in cases of judgments already entered up, or to be entered,up, before the time appointed for the commencement of the said Act, until after the expiration of one year from the time appointed for the commencement of the said Act, and that no such charge shall 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; and also, that as regards purchasers, mortgagees or creditors, who shall have become such before the time appointed for the commencement of the said Act, such judgment shall not affect lands, tenements or hereditaments, otherwise than as the

1 Although twelve months have not elasped since registration, Derbyshire Railway Company v. Bainbrigge, 15 Beav. 146.

same would have been affected by such judgment if the said Act had not passed. It is also provided, that nothing therein 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.

In order to render the operation of a judgment effective against any stock, which the person bound by it may have in the public funds or in any public company, and to prevent the transfer of such stock before the necessary steps can be taken for that purpose, the 14th section enacts, that if any person against whom any judgment shall have been entered up in any of her Majesty's superior Courts at Westminster, shall have any government stock, funds or annuities, or any stock or shares of or in any public company in England (whether incorporated or not), standing in his own name in his own right, or in the name of any person in trust for him, it shall be lawful for a Judge of one of the superior Courts,1 on the application of any judgment creditor, to order that such stock, funds, annuities or shares, or such of them, or such part thereof respectively, as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered and interest thereon; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favor by the judgment debtor. It is to be noticed, that the same section directs, that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of such order; but in order to prevent any person against whom judgment shall have been obtained from transferring, receiving or disposing of any stock, funds, annuities or shares, thereby authorized to be charged for the benefit of the judgment creditor under an order of a Judge, it is enacted, that every order of a Judge, charging any government stock, funds or annuities, or

It has been held that the order can only be made by a Judge at Common Law, not in Equity; Hulkes v. Day, 10 Sim. 41; though it would seem otherwise from the case of Westby v. Westby, 5 De G. & Sm. 516.

2

By 3 & 4 Vict. c. 82, § 1, an order may be made, charging funds standing in the name of the Accountant-General.

He may, however, take proceedings to protect his interest; Bristed v. Wilkins, 3 Hare, 235; Watts v. Jefferyes, 3 Mac. & Gor. 372; Reece v. Taylor, 5 De G. & Sm. 480.

• Sect. 15.

any stock or shares in any public company, under the said Act, shall be made, in the first instance, ex parte, and without any notice to the judgment debtor, and shall be an order to show cause only; and such order, if any government stock, funds or annuities, standing in the name of a judgment debtor in his own right, or in the name of any person in trust for him, is to be affected by such order, shall restrain the governor and company of the Bank of England from permitting a transfer of such stock in the mean time, and until such order shall be made absolute or discharged; and if any stock or shares of or in any public company, standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by any such order, shall in like manner restrain such public company from permitting a transfer thereof; and that if after notice of such order to the person or persons to be restrained thereby, or in case of corporations to any authorized agent of such corporation, and before the same order shall be discharged or made absolute, such corporation or person or persons shall permit any such transfer to be made, then and in such case the corporation or person or persons so permitting such transfer, shall be liable to the judgment creditor for the value or amount of the property so charged and so transferred, or such part thereof as may be sufficient to satisfy his judgment, and that no disposition of the judgment debtor, in the mean time, shall be valid or effectual as against the judgment creditor; and further, that unless the judgment debtor shall, within a time to be mentioned in such order, show to a Judge of one of the said superior Courts, sufficient cause to the contrary, the said order shall, after proof of notice thereof to the judgment debtor, his attorney or agent, be made absolute; and it is also provided, that any such Judge shall, upon the application of the judgment debtor, or any person interested, have full power to discharge or vary such order, and to award such costs, upon such application, as he may think fit.1

It is however enacted,2 that if any judgment creditor, who, under the powers of that Act, shall have obtained any charge, or be entitled to the benefit of any security whatsoever, shall afterwards, and before the property so charged or secured shall have been converted into money or realized, and the produce thereof applied towards payment of the judgment debt, cause the person of the 1 For more upon the subject of this section, see post, Chapter on Injunctions. * Sect. 16.