27 & 28 Vict. c. 112, s. 1. Interpretation of terms. Writs of exe c. 38. may, after registering the writ or other process of execution under sect. 3 of this act (post), obtain a sale under sect. 4. (3) Where the land has been "delivered in execution," but not before, the charge created by 1 & 2 Vict. c. 110, s. 13, will arise (Hatton v. Haywood, 9 Ch. 229), and may be enforced (See note to 1 & 2 Vict. c. 110, s. 13, ante, p. 452). For the purpose of enforcing the charge, the registration of the judgment prescribed by sect. 19 of 1 & 2 Vict. c. 110, was rendered unnecessary by 27 & 28 Vict. c. 112, s. 3. See, however, in the case of writs or orders registered under 51 & 52 Vict. c. 51, the language of sect. 5 (4) of that act. (4) Where owing to a prior elegit (Re Cowbridge R. Co., 5 Eq. 413; see Guest v. Cowbridge R. Co., 6 Eq. 619), or to a prior legal mortgage (Beckett v. Buckley, 17 Eq. 435), the land cannot be delivered, a judgment creditor who has issued an elegit, may bring an action for redemption to remove the legal difficulty (Thornton v. Finch, 4 Giff. 515; see Neate v. Marlborough, 3 My. & Cr. 416; Godfrey v. Tucker, 33 Beav. 280), and thus enable himself subsequently either to foreclose (Beckett v. Buckley, 17 Eq. 435), or to sell under 27 & 28 Vict. c. 112 (Ib.; Re Cowbridge R. Co., 5 Eq. 417). In the redemption action he might possibly obtain a sale under sect. 25 of the Conv. Act, 1881. As to tacking against a judgment creditor who is redeeming, see Champneys v. Burland (19 W. R. 148). As to making judgment creditors of the mortgagor parties to a foreclosure action, see Mildred v. Austin (8 Eq. 220); Re Bailey (17 W. R. 393); Cork v. Russell (13 Eq. 210). As to enforcing judgments generally, see R. S. C. Ord. 42, and note, ante, p. 460. 2. In the construction of this act the term "judgment" shall be taken to include registered decrees, orders of courts of equity and bankruptcy, and other orders having the operation of a judgment; and the term "land" shall be taken to include all hereditaments, corporeal or incorporeal, or any interest therein; and the term "debtor" shall be taken to include husbands of married women, assignees of bankrupts, committees of lunatics, and the heirs or devisees of deceased persons. 3. Every writ or other process of execution of any such cution to be judgment, statute, or recognizance, by virtue whereof any land registered in shall have been actually delivered in execution, shall be remanner prescribed by gistered in the manner provided by an act passed in the session. 23 & 24 Vict. of the twenty-third and twenty-fourth years of her present Majesty, intituled "An Act to further amend the Law of Property," but in the name of the debtor against whom such writ or process is issued, instead of, as under the said act, in the name of the creditor; and no other or prior registration of such judgment, statute, or recognizance shall be or be deemed necessary for any purpose; and no reference to any such prior registration shall be required to be made in or by the memorandum or minute of such writ or other process of execution which shall be left with the senior master of the Court of Common Pleas for the purpose of such registry (6). (b) Registration is only necessary with a view to a sale under sect. 4 (Re Pope, 17 Q. B. Div. 752). The writ may be registered prior to the date of the sheriff's return (Champneys v. Burland, 19 W. R. 148). c. 112, s. 4. delivered in obtain sum 4. Every creditor (c) to whom any land of his debtor shall 27 & 28 Vict. have been actually delivered in execution (d) by virtue of any such judgment (e), statute, or recognizance, and whose writ or Creditor to other process of execution shall be duly registered, shall be whom land entitled forthwith, or at any time afterwards while the registry execution of such writ or process shall continue in force, to obtain from entitled to the Court of Chancery, upon petition in a summary way, an mary order order for the sale of his debtor's interest in such land, and from Court of every such petition may be served upon the debtor only; and Chancery for thereupon the court shall direct all such inquiries to be made sale. 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 (f); and in making such inquiries, and generally 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 the payment of debts shall be adopted and followed, so far as the same may be found conveniently applicable. (c) Where an order was made in an administration suit for payment Plaintiff in into court, and sequestration issued at the instance of the plaintiffs, it was administraheld, that the plaintiffs were not creditors within this section (Johnson v. Burgess, 15 Eq. 398). tion suit not a creditor. (d) As to what is delivery in execution, see note to sect. 1 (ante, p. 477). Actual deliA sale has been refused where there had been no delivery (Re Cowbridge very necesR. Co., 5 Eq. 413; see Guest v. Cowbridge R. Co., 6 Eq. 619; Re Newcastle, sary. 8 Eq. 700; Kidd v. Tallentire, 1877, W. N. 21). A receiver cannot be appointed on a petition under this section (Re Nixon, 1886, W. N. 191). (e) This section does not apply to judgments entered up before the pass ing of the act (Re Isle of Wight Co., 34 L. J. Ch. 194). (f) An order was made under this section for the sale of lands of a Lands of a railway company (Re Bishop's Waltham R. Co., 14 W. R. 1008); on appeal, railway comthe court expressed an opinion that the railway was not saleable, and pany. directed inquiries as to the nature of the company's interest (S. C., 2 Ch. 382). Superfluous lands belonging to a railway company have been ordered to be sold (Re Calne R. Co., 9 Eq. 658; Re Hull and Hornsea R. Co., 2 Eq. 262; Ex p. Grissell, 2 Ch. 385; Re Ogilvie, 7 Ch. 174; Re Hull and Barnsley R. Co., 40 Ch. D. 119). Debenture holders have not under 30 & 31 Vict. c. 127, s. 23, a charge on surplus land in priority to creditors selling under the present section (Re Hull and Barnsley R. Co., sup.) As to schemes of arrangement by railway companies and the restraining of actions and executions in such a case, see 30 & 31 Vict. c. 127; Re Cambrian R. Co. (3 Ch. 278); Re Potteries, &c. R. Co. (5 Ch. 67). Inquiries were dispensed with where sufficient evidence was adduced at Inquiries. the hearing of the petition (Re Bithray, 61 L. T. 383; 38 W. R. 60; Re Calne R. Co., 9 Eq. 658). For general form of order with inquiries, see Seton, pp. 1137 et seq.; Re Cowper (60 L. T. 95; 37 W. R. 330); Re Holder (1890, W. N. 55); Howson v. Trant (21 W. R. 781). As to inquiries where an official liquidator petitioned for sale of the lands of a contributory, see Re Kirby (14 L. T. 615); and as to inquiries in other cases, see Ex p. Clark (6 N. R. 335). For forms of petitions for sale of lands delivered in execution under an elegit, and of lands taken under a writ of sequestration, see Dan. Ch. Forms, 415, 4th ed. 5. If it shall appear on making such inquiries that any other Where there debt due on any judgment, statute, or recognizance is a charge are other on such land, the creditor entitled to the benefit of such charge notice of sale creditors, c. 112, s. 5. to be served upon them. 27 & 28 Vict. (whether prior or subsequent to the charge of the petitioner) shall be served with notice of the said order for sale, and shall 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 (g). Parties claiming interest through debtor bound by order for sale. Extent of act. (9) 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 or under the debtor, by any means subsequent to the delivery of such land in execution as aforesaid, shall be bound by every such order for sale, and by all the proceedings consequent thereon. 7. This act shall not extend to Ireland. 51 & 52 VICTORIE, CAP. 51. An Act for registering certain Charges on Land, and for facilitating Searches for them. [24th December, 1888.] 51 & 52 Vict. Be it enacted as follows: c. 51, s. 1. Short title. Commencement. Extent. Interpretation. PART I.-INTRODUCTORY. 1. This act may be cited as the Land Charges Registration and Searches Act, 1888. 2. This act shall come into operation on the first day of January one thousand eight hundred and eighty-nine, which 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. "Land" includes lands, messuages, tenements, and heredita- "Prescribed" means prescribed by any general rules made in pursuance of this act. 51 & 52 Vict. c. 51, s. 4. "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, 24 & 25 Vict. 1861, or under the twenty-ninth section of the Agricultural c. 133. Holdings (England) Act, 1883, but does not include a rate 46 & 47 Vict. or scot (a). "Deed of arrangement" has the same meaning as in the 50 & 51 Vict. Deeds of Arrangement Act, 1887. "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. (a) The charge arising under 38 & 39 Vict. c. 55, 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). PART II.-REGISTRATION OF WRITS AND ORDERS AFFECTING LAND. c. 61. c. 57. orders affect 5.-(1.) There shall be established and kept at the Office of Register of Land Registry a register of writs and orders affecting land, and writs and there may be registered therein, in the prescribed manner, any ing land. 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 (b). (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 of Judicature in pursuance of any other act. (b) 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). 6. Every such writ and order as is mentioned in section five, Protection of c. 51, s. 6. 51 & 52 Vict. and every delivery in execution or other proceeding taken in pursuance of any such writ or order, or in obedience thereto, shall be void as against a purchaser for value of the land unless the writ or order is for the time being registered in pursuance of this act. purchasers against nonregistered writs and orders. Provided that (a) where the writ or order is at the commencement of this Register of deeds of PART III.-REGISTRATION OF DEEDS OF ARRANGEMENT. 7. A register (in this act called the register of deeds of arrangement affecting land) shall be kept at the Office of Land Registry, affecting land, and deeds of arrangement may be registered therein, in the prescribed manner, in the name of the debtor. arrangement Registration of deeds of arrangement. Protection 8. A deed of arrangement may be registered in the register of deeds of arrangement affecting land on the application of a trustee of the deed, or of a creditor assenting to or taking the 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 of purchasers the commencement of this act, shall be void as against a person against unregistered who, after the commencement of this act, becomes a purchaser deeds of for value of any land comprised therein or affected thereby, arrangement. unless and until such deed is registered in the register of deeds 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. Registry of land charges. PART IV.-REGISTRATION OF LAND CHARGES. 10. A register, in this act called the register of land charges, shall be kept at the Office of Land Registry, and land charges may be registered therein in the prescribed manner : (1.) In the case of freehold land, in the name of the person |