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CA P. XIV.
suance of a Report of the Inclosure Commissioners for
[26th April 1855.] IHEREAS the Inclosure Commissioners for England and
Wales have, in pursuance of “The Acts for the Inclosure, • Exchange, and Improvement of Land,” issued their Provisional
Orders for and concerning the proposed Inclosures mentioned in the Schedule to this Act, and have in their Tenth Annual General
Report certified their Opinion that such Inclosures would be : expedient; but the same cannot be proceeded with without the previous Authority of Parliament: Be it enacted by the Queen's is
Sie : most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: ....
I. That the said several proposed Inclosures mentioned in the Inclosures may Schedule to this Act be proceeded with.
be proceeded II. In citing this Act in other Acts of Parliament, and in legal with. Instruments, it shall be sufficient to use either the Expression Short Title. " The Annual Inclosure Act, 1855,” or “The Acts for the Inclosure, Exchange, and Improvement of Land.”
SCHEDULE to which this Act refers.
Cumberland - | 15th June 1854. North Coats
22d June 1854. Bowerchalke
Wilts - - 22d June 1854. Engollan Common
13th July 1854. Ulleskelf
4th October 1854. Thrandeston
Suffolk - 9th September 1854. Milburn Fell Pasture Westmorland 8th June 1854. Ilkley Cow Pasture York - - 4th October 1854. Great Boughton
18th May 1854. Melmerby
Cumberland - 14th January 1853. Dymock ..
Gloucester - 27th October 1854. Westwick ..
| Cambridge - 27th July 1854. Pendine'
Carmarthen - 3d January 1855. Barnes
30 January 1855. Ramsden Bellhouse Essex • • 11th January 1855. West Lulworth and Winfrith Newburgh
Dorset - 18th January 1855. Bootle - - - - Cumberland - 17th January 1854. Penlline and Langan - Glamorgan - | 25th January 1855. The Wash Common
Berks - 14th January 1855. Horsepath and Shotover Oxford - 26th January 1855.
Purchasers Protection against Judgments.
CA P. XV.
Judgments, Crown Debts, Cases of Lis pendens, and Life
[26th April 1855.] W HEREAS an Act of Parliament was passed in the Session
W of the First and Second Years of Her Majesty, intituled 1 & 2 Vict. ' An Act for abolishing Arrest on Mesne Process in Civil Actions, c. 110.
cxcept in certain Cases, for extending the Remedies of Creditors ' against the Property of Debtors, and for amending the Laws for ' the Relief of Insolvent Debtors in England ; and another Act in
• the Session of the Second and Third Years of Her Majesty, in2 & 3 Vict.c. 11. - tituled An Act for the better Protection of Purchasers against
• Judgments, Crown Debts, Lis pendens, and Fiats in Bankruptcy;
• and another Act in the Session of the Third and Fourth Years 3& 4 Vict.c. 82. ' of Her Majesty, intituled An Act for further amending the Act
' for abolishing Arrest on Mesne Process in Civil Actions: And
whereas the Provisions of the said Acts respecting Judgments, • Decrees, Orders, and Rules, and Lis pendens, ought to include
and be applicable to the Counties Palatine of Lancaster and • Durham, and the Common Law and Equity Courts thereof re• spectively : And whereas an Act was passed in the Session of
" the Thirteenth and Fourteenth Years of Her Majesty, intituled 13 & 14 Vict.
An Act to amend the Practice and Proceedings of the Court of c. 43. s. 24. • Chancery of the County Palatine of Lancaster, by force whereof
" the said Provisions do to some Extent include and are appli• cable to the County Palatine of Lancaster, as far as regards " the Court of Chancery thereof;' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,
as follows: Certain Judg- I. Any Judgment of the Court of Common Pleas of the County ments of Com- Palatine of Lancaster, or of the Court of Pleas of the County Palamon Law Pala- tine of Durham, obtained before the coming into operation of the tinate Courts
said Act of the Session of the First and Second Years of Her Lands, &c. un- Majesty, and not already registered in the said Courts respectively less registered under the Provisions of the same Act, and which shall not be rewithin limited gistered in the said Courts respectively under the same Provisions Time.
as amended by this Act, on or before the First Day of November
Act as amended by this Act directed in regard to Judgments Fee for Entry
thereby authorized to be registered, and shall be entitled for every
the of Judgments. such Entry to the Sum of Two Shillings and Sixpence; and the
Purchasers Protection against Judgments.
Provision for Re-registration, toties quoties, herein-after mentioned, as explained by this Act, is hereby extended and applied, mutatis mutandis, to Judgments registered under this present Provision.
II. And be it declared and enacted as follows : The Provisions Certain Procontained in the Sections of the said Act of the First and Second visions of Years of Her Majesty numbered respectively XVIII., XIX., and 1 & 2 Vict. XX., giving to certain Rules of Courts of Common Law, and De- c. 110. extendcrees and Orders of Courts of Equity, the Effect of Judgments in a the Superior Courts of Common Law, and constituting the Persons Courts, and to
Law Palatinate therein mentioned Judgment Creditors, and giving to Courts of Equity Court of Equity the Powers by the same Act given to the Judges of the said Durham. Superior Courts, and giving to the Persons so constituted Judgment Creditors as aforesaid such Remedies as are therein men. tioned, and authorizing the Registration of such Decrees, Orders, and Rules as aforesaid, and providing for the Writs to be sued out of Courts of Equity, shall extend and are applicable, mutatis mutandis, to the said Counties Palatine and the Courts of Common Law thereof respectively, and to the Court of Chancery of the County Palatine of Durham, within the Limits of their respective Jurisdictions, to the end that the same Law in the respects aforesaid may apply to the Courts of the said Counties Palatine, and the Decrees, Orders, Judgments, and Rules thereof, so far as relates to Lands, Tenements, and Hereditaments within the Jurisdiction of such Courts respectively, as under the previous Statutes amended by this Act, will regulate the Operation of Judgments in the Superior Courts of Common Law : But no Judgment, Decree, Order, or Rule of any Court shall bind Lands, Tenements, and Hereditaments in the said Counties Palatine respectively, as against Purchasers, Mortgagees, or Creditors, unless and until such Memorandum or Minute thereof as herein-before is mentioned shall be left with the Prothonotary of the Palatine Court in which are situated the Lands, Tenements, and Hereditaments intended to be charged thereby.
III. The Provisions contained in the Sections of the said Act 2&3 Vict. c. 11. of the Second and Third of Her Majesty numbered respectively ss.3,4,5,&7, and III., IV., V., and VII., and in the Section of the said Act of the 3&4 Vict. c. 82.
s. 2. extended Third and Fourth of Her Majesty numbered II., respecting the toCommon Law Particlars to be inserted in the Register by the Master, and re- and Equity specting the Re-registration of Judgments, Decrees, or Orders, and Courts of CounRules, and respecting the Registration and Re-registration of Lis ties Palatine... pendens, and respecting the Protection of Purchasers, Mortgagees, and Creditors, as explained or amended by this Act, shall extend and are applicable, mutatis mutandis, to the Counties Palatine and the Courts of Common Law and Courts of Chancery thereof respectively, within the Limts of their respective Jurisdictions.
IV. · And whereas the Protection afforded to Purchasers, Mort- No Judgment, 'gagees, and Creditors, by the said Act of the Third and Fourth &c. registered of Her Majesty, against Judgments, Decrees, Orders, or Rules a
c. 82. to affect ' not duly registered, any Notice thereof notwithstanding, is con- Tands. Sice as
fined to Judgments, Decrees, Orders, or Rules binding by virtue to Purchasers, of the said Act of the First and Second Years of Her Majesty : &c. until regis" And whereas the Docket or Register previously in use has been tered. 18 & 19 Vict.
Purchasers Protection against Judgments. • closed, and the said Provision ought not to be so restricted : Be it therefore enacted, That no Judgment, Decree, Order, or Rule which might be registered under the said Act of the First and Second Years of Her Majesty shall affect any Lands, Tenements, or Hereditaments, at Law or in Equity, as to Purchasers, Mortgagees, or Creditors, unless and until such a Memorandum or
Minute as in the said Act in that Behalf mentioned shall have been . .. left with the proper Officer of the proper Court, any Notice of any
such Judgment, Decree, Order, or Rule to any such Purchaser,
Mortgagee, or Creditor in anywise notwithstanding. Purchasers pro V. And whereas it is expedient that certain Doubts which
have arisen upon some of the Provisions for the Protection of Judgments not • Purchasers against Judgments in the said Acts contained should re-registered.
be removed : Be it therefore declared and enacted as follows: The Provision contained in the Section numbered II. of the said Act of the Third and Fourth Years of Her Majesty extends and shall be deemed to extend as well to the Act therein referred to as to the Section numbered IV. of the said Act of the Second and Third of Her Majesty, as explained by this Act, so that Notice of any Judgment, Decree, Order, or Rule, not duly re-registered, shall not avail against Purchasers, Mortgagees, or Creditors, as to
Lands, Tenements, or Hereditaments. Provision for VI. Where by the said Act of the Second and Third Years of Re-registration Her Majesty Re-registry of Judgments, Decrees, Orders, or Rules explained.
is required within such Period of Five Years as is therein mentioned, in order to bind Purchasers, Mortgagees, and Creditors, it shall be deemed sufficient to bind such Purchasers, Mortgagees, and Creditors if such a Memorandum or Minute as was required in the first instance is again left with the Senior Master of the Common Pleas within Five Years before the Execution of the Conveyance, Settlement, Mortgage, Lease, or other Deed or Instru. ment vesting or transferring the legal or equitable Right, Title, Estate, or Interest, in or to any such Purchaser or Mortgagee for valuable Consideration, or as to Creditors within Five Years before the Right of such Creditors accrued, as directed by the said last-mentioned Act, although more than Five Years shall have expired by Emuxion of Time since the last previous Registration before such last-mentioned Memorandum or Minute was left, and
so toties quoties upon every Re-registry. Judgments of VII. Where by the Section numbered XXII. of the said Act of Inferior Courts, the First and Second Years of Her Majesty Power is given to shall be regis
a, remove Judgments, Rules, or Orders obtained in or made by certered.
tain Inferior Courts into the said Superior Courts, or into the Court of Common Pleas of Lancaster, as the Case may be, no such Judgment, Rule, or Order which has already been or hereafter shall be so removed shall bind any Lands, Tenements, or Hereditaments as to Purchasers, Mortgagees, or Creditors, unless and until after such Removal it shall be registered, and, if necessary, reregistered, in like Manner as in order to bind such Purchasers, Mortgagees, or Creditors it must have been if originally entered up in One of the said Superior Courts, or in the said Court of Common Pleas of Lancaster, as the Case may be; but from and after
Purchasers Protection against Judgments.
the passing of this Act every such Judgment, Rule, or Order so registered, and where necessary re-registered, shall be binding in like Manner, but not further or otherwise, as other Judgments, Rules, or Orders of the said Superior Courts or of the said Court of Common Pleas of Lancaster respectively, and the Proviso at the End of the said Section XXII, restricting the Operation of the same is hereby repealed.
VIII. Nothing herein contained shall extend to revive or re- Extinguished store any Judgment which shall be extinguished or barred, or to Judgments not affect or prejudice any such Judgment, or any Decree, Order, or revived. Rule, as between the Parties thereto, or their Representatives, or those deriving as Volunteers under them.
IX. For the Purposes of any Registration or Re-registration to Duties of Prcbe made in pursuance of this Act in either of the said Counties thonotary. Palatine, all such Acts and Things as under the Provisions of the said several Acts of the Reign of Her Majesty ought to be done by or left with the Senior Master of the Court of Common Pleas at Westminster shall be done by or left with the Prothonotary or Deputy Prothonotary of the Court of Common Pleas of the County Palatine of Lancaster, or of the Court of Pleas of the County Palatine of Durham, as the Case may require, or such other Officer (if any) of the same Courts respectively as may for the Time being have been appointed by the same Courts respectively, for the Purpose of entering the Judgments thereof respectively, under the Provisions of the said Act of the First and Second Years of Her Majesty; and the said Prothonotary, Deputy Prothonotary, or Fees for Regisother Officer as aforesaid, shall be entitled to the Sum of Two Shil- tration and lings and Sixpence, and no more, for the Duties to be performed Searches. on every Registration, and the Sum of One Shilling only for Reregistration; and all Persons shall be at liberty to search all or any of the Books kept in pursuance of any of the foregoing Provisions of this Act in each Court, for the Sum of One Shilling.
X. • And whereas by the Section numbered CXXIII. of the No Order of • Bankrupt Law Consolidation Act, 1849, when any Person admits Court of Bank«(in manner therein mentioned) that he is indebted to a Bankrupt, ruptcy to affect
Lands, &c. un. - it is enacted that every Order of the Court of Bankruptcy for • the Payment by such Person of the Amount so admitted, and • Costs (if any), shall have the Effect of a Judgment in the said « Superior Courts, and may be enforced accordingly, and by the • Section numbered CCXLIX. of the same Act it is enacted that 6 the said Court may in all Matters before it award Costs, and that • the like Remedies may be had upon an Order of the said Court <for Costs as upon a Rule of any of the said Superior Courts for • Costs, but the said Act does not direct the Registration of any • such Order as aforesaid :' Be it therefore enacted as follows : No such Order of the Court of Bankruptcy for Payment of Money or of Costs as aforesaid shall affect any Lands, Tenements, or Hereditaments as to Purchasers, Mortgagees, or Creditors, unless and antil it shall be registered, and if necessary re-registered, in like Manner as in order to bind such Purchasers, Mortgagees, or Creditors, it must have been if it had originally been a Judgment or Rule obtained or entered up in One of the said Superior Courts or