2. Interpretation.

Whereas by the section numbered 129 of an act passed in the 16 & 17 Vict., intituled "An Act for the Regulation of Proceedings under Commissions of Lunacy, and the Consolidation and Amendment of the Acts respecting Lunatics so found by Inquisition, and their Estates," it was enacted, that where a lunatic is seised or possessed of or entitled to land in fee or in tail, or to leasehold land for an absolute interest, and it appears to the Lord Chancellor, intrusted as in the said act mentioned, to be for his benefit that a lease or underlease should be made thereof for terms of years, for encouraging the erection of buildings thereon, or for repairing buildings actually being thereon, or otherwise improving the same, or for farming or other purposes, the committee of the estate may, in the name and on behalf of the lunatic, under order of the Lord Chancellor, intrusted as aforesaid, make such leases of the land, or any part thereof, according to the lunatic's estate and interest therein, and to the nature of the tenure thereof, for such term or terms of years, and subject to such rents and covenants, as the Lord Chancellor, intrusted as aforesaid, shall order: and whereas it has been considered that the Lord Chancellor, intrusted as aforesaid, cannot by force of the said enactment empower the committee of a lunatic tenant in tail to grant leases as extensively as was intended by the said enactment, which will bind his issue in tail and the remaindermen: and whereas it is expedient to explain and enlarge the power of the Lord Chancellor, intrusted as aforesaid, in the matter aforesaid: be it therefore enacted &c. as follows:

Sect. 1. Where a lunatic is seised of or entitled to land in tail, and it appears to the Lord Chancellor, intrusted as aforesaid, to be for his benefit, the committee of the estate may, in the name and on behalf of the lunatic, under order of the Lord Chancellor, intrusted as aforesaid, make any such leases of the land, or any part thereof, as in the said section of the said act are mentioned, and every such lease shall be good and effectual in law against the lunatic and his heirs, and all persons claiming the lands entailed by force of any estate tail which shall be vested in such lunatic, and also against all persons, including the Queen's most excellent Majesty, her heirs and successors, whose estates are to take effect after the determination of, or in remainder or reversion expectant upon, such estate tail, according to such estate as is comprised and specified in every such lease, in like manner as the same would have been good and effectual in law if the lunatic at the time of the making of such leases had been lawfully seised of the same lands comprised in such lease of a pure estate in fee-simple to his own use, and had been of sound mind, and not the subject of a commission of lunacy, and had himself granted such lease; and every person to whom from time to time the reversion expectant upon the lease shall belong after the death of the lunatic shall and may have such and the like remedies and advantages, to all intents and purposes, against the lessee, his executors, administrators, and assigns, as the lunatic or his committee would or might have had against him or them; and the powers given by sections numbered 130 and 131 of the said recited act shall and are to operate as extensively as the power given by the said sect. 129 of the said act as explained and enlarged by this act. 2. Where any of the expressions in this act are used in the said recited act, they shall receive the same interpretation in this act as by the said recited act is imposed upon

them.

CAP. XIV.

An Act to authorise the Inclosure of certain Lands, in pursuance of a Report of the Inclosure Commissioners for England and Wales. [26th April, 1855.]

CAP. XV. An Act for the better Protection of Purchasers against Judgments, Crown Debts, Cases of Lis Pendens, and Life Annuities or Rent-charges. [26th April, 1855.] Sect. 1. Judgments of common-law palatinate courts obtained before the coming into operation of the 1 & 2 Vict.

c. 110, and not registered under the same, not to affect lands, &c., unless registered within limited time. Fee for entry of judgments.

2. Certain provisions of the 1 & 2 Vict. c. 110, extended to common-law palatinate courts, and to equity court of Durham.

3. Certain provisions of the 2 & 3 Vict. c. 11, and the 3 & 4 Vict. c. 82, extended to common-law and equity courts of counties palatine.

4. No judgment, &c. registered under the 3 & 4 Vict. c. 82, to affect lands, &c. as to purchasers, &c. until registered.

5. Purchasers protected against judgments not reregistered.

6. Provision for re-registration explained.

7. Judgments of inferior courts, when removed, shall be registered.

8. Extinguished judgments not revived.

9. Duties of prothonotary. Fees for registration and searches.

10. No order of Court of Bankruptcy to affect lands, &c. until registered.

11. Legal estate vested in purchaser or mortgagee not
to be taken in execution.

12. Life annuities and rent-charges not to affect lands,
&c. until memorandum left with senior Master.
13. Searches may be made by parties themselves.
14. Annuities, &c. given by will excepted from act.

Whereas an act of Parliament was passed in the 1 & 2 Vict. [c. 110], intituled "An Act for abolishing Arrest on Mesne Process in Civil Actions except 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 2 & 3 Vict. [c. 11], intituled An Act for the better Protection of Purchasers against Judgments, Crown Debts, Lis Pendens, and Fiats in Bankruptcy;" and another act in the 3 & 4 Vict. [c. 82], 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 respectively and whereas an act was passed in the 13 & 14 Vict. [c. 43, s. 24], intituled "An Act to amend the Practice and Proceedings of the Court of Chancery of the County Palatine of Lancaster," by force whereof the said provisions do to some extent include and are applicable to the county palatine of Lancaster, as far as regards the Court of Chancery thereof: be it therefore enacted &c. as follows:

Sect. 1. Any judgment of the Court of Common Pleas of the county palatine of Lancaster, or of the Court of Pleas of the county palatine of Durham, obtained before the coming into operation of the said act of the 1 & 2 Vict. [c. 110], and not already registered in the said courts respectively under the provisions of the same act, and which shall not be registered in the said courts respectively under the same provisions as amended by this act on or before the 1st November, 1855, shall not after that day affect any lands, tenements, or hereditaments in the said counties palatine respectively, as to purchasers, mortgagees, or creditors, unless and until such memorandum or minute of such judgment as is in the said act prescribed shall be left with the prothonotary of the court in which the judgment has been obtained, who shall forthwith enter the same in manner by the same act as amended by this act directed in regard to judgments thereby authorised to be registered, and shall be entitled for every such entry to the sum of 2s. 6d.; and the provision for re-registration, toties quoties, hereinafter mentioned, as explained by this act, is hereby extended and applied, mutatis mutandis, to judgments registered under this present provision.

2. And be it declared and enacted as follows:-The provisions contained in the sections of the act of the 1 & 2 Vict. [c. 110], numbered respectively 18, 19, and 20, giving to certain rules of courts of common law, and decrees and orders of courts of equity, the effect of judgments in the superior courts of common law, and constituting the persons therein mentioned judgment creditors, and giving to courts of equity the powers by the same act given to the judges of the said superior courts, and giving to the persons so constituted judgment creditors as

aforesaid such remedies as are therein mentioned, and authorising 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 hereinbefore 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.

3. The provisions contained in the sections of the said act of the 2 & 3 Vict. [c. 11], numbered respectively 3, 4, 5, and 7, and in the section of the said act of the 3 & 4 Vict. [c. 82], numbered 2, respecting the particulars to be inserted in the register by the Master, and respecting the re-registration of judgments, decrees, or orders and rules, and respecting the registration and re-registration of lis 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 limits of their respective jurisdictions.

4. And whereas the protection afforded to purchasers, mortgagees, and creditors by the said act of the 3 & 4 Vict. [c. 82], against judgments, decrees, orders, or rules not duly registered, any notice thereof notwithstanding, is confined to judgments, decrees, orders, or rules binding by virtue of the said act of the 1 & 2 Vict.: and whereas the docket or register previously in use has been 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 1 & 2 Vict. 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.

5. And whereas it is expedient that certain doubts which have arisen upon some of the provisions for the protection of purchasers against judgments in the said acts contained should be removed: be it therefore declared and enacted as follows:The provision contained in the section numbered 2 of the said act of the 3 & 4 Vict. extends and shall be deemed to extend as well to the act therein referred to as to the section num. bered 4 of the said act of the 2 & 3 Vict., 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. 6. Where by the said act of the 2 & 3 Vict. re-registry of judgments, decrees, orders, or rules 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 instrument 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 lastmentioned act, although more than five years shall have expired by effluxion of time since the last previous registration before such last-mentioned memorandum or minute was left, and so toties quoties upon every re-registry.

7. Where by the section numbered 22 of the said act of the 1 & 2 Vict. power is given to remove judgments, rules, or orders obtained in or made by certain 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 re-registered, 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 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 sect. 22 restricting the operation of the same is hereby repealed.

8. Nothing herein contained shall extend to revive or restore any judgment which shall be extinguished or barred, or to affect or prejudice any such judgment, or any decree, order, or rule, as between the parties thereto, or their representatives, or those deriving as volunteers under them.

9. For the purposes of any registration or re-registration to be made in pursuance of this act in either of the said counties 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 1 & 2 Vict.; and the said prothonotary, deputy prothonotary, or other officer as aforesaid, shall be entitled to the sum of 2s. 6d., and no more, for the duties to be performed on every registration, and the sum of 18. only for re-registration; 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 18. 10. And whereas by the section numbered 123 of the Bankrupt-law Consolidation Act, 1849, when any person admits (in manner therein mentioned) that he is indebted to a bankrupt, 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 249 of the same act it is enacted, that 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 until 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 in the said palatine courts respectively, any notice of any such order to any such purchaser, mortgagee, or creditor in anywise notwithstanding.

11. And whereas great delay and expense are occasioned upon purchases and mortgages of lands in consequence of judgments against mortgagees and Crown debts and liabilities to the Crown of mortgagees continuing to bind lands, although the mortgagees have been bonâ fide paid off, and the lands have been actually conveyed to purchasers, or to other mortgagees: for remedy whereof, be it enacted as follows:-Where any legal or equitable estate or interest, or any disposing power in or over any lands, tenements, or hereditaments, shall, under any conveyance or other instrument executed after the passing of this act, become vested in any person as a purchaser or mortgagee for valuable consideration, such lands, tenements, or hereditaments shall not be taken in execution under any writ or elegit, or other writ of execution, to be sued upon any judgment, or any decree, order, or rule against any mortgagee or mortgagees thereof, who shall have been paid off prior to or at the time of the execution of such conveyance, nor shall any

such judgment, decree, order, or rule, or the money thereby secured, be a charge upon such lands, tenements, or hereditaments so vested in purchasers or mortgagees, nor shall such lands, tenements, or hereditaments so vested in purchasers or mortgagees be extended or taken in execution, or rendered liable under any writ of extent or writ of execution or other process issued by or on behalf of her Majesty, her heirs or successors, in respect of any judgment, statute, or recognisance obtained against or entered into by, or inquisition found against, or obligation or specialty made by, or acceptance of office by any mortgagee or mortgagees, whereby he or they hath or have become or shall become a debtor or accountant, or debtors or accountants to the Crown, where such mortgagee or mortgagees shall have been paid off prior to or at the time of the execution of such conveyance as aforesaid.

12. And whereas by reason of the repeal in the last session of Parliament of the act of the 53 Geo. 3, c. 141, requiring the inrolment of life annuities or rent-charges, purchasers are no longer enabled to ascertain by search what life annuities or rent-charges may have been granted by their vendors or others : be it therefore enacted &c. as follows:-Any annuity or rentcharge granted after the passing of this act, otherwise than by marriage settlement, for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives, shall not affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name, and the usual or last known place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the date of the deed, bond, instrument, or assurance whereby the annuity or rent-charge is granted, and the annual sum or sums to be paid, shall be left with the senior Master of the Court of Common Pleas at Westminster, who shall forthwith enter the particulars aforesaid in a book, in alphabe tical order, by the name of the person whose estate is intended to be affected by the annuity or rent-charge, together with the year and the day of the month when every such memorandum or minute is so left with him, and he shall be entitled for every such entry to the sum of 2s. 6d., and all persons shall be at liberty to search the same book, together with the other books or registers in the office, on payment of the sum of 18.

13. The searches of the several registers, by the said recited acts or by this act authorised to be made for the sum of 18., may be made by the parties themselves, under proper regulations in the office, and the sum of 1s. only shall be payable on one search, although more names than one shall be searched for where such names relate to the same purchase, mortgage, or other transaction.

14. The provisions of this act shall not extend to require the registry of annuities or rent-charges given by will.

CAP. XVI.

An Act to authorise the letting Parts of the Royal Forests of Dean and Woolmer, and certain other Parts of the Hereditary Possessions of the Crown. [26th April, 1855.]

11. The Bank to appoint a cashier and an accountantgeneral, and the Treasury to order money to be issued to the cashier for payment of annuities.

12. Cashier to give receipt for subscriptions which may be assigned before the 18th December, 1855. Cashier to give security for paying the money he receives into the Exchequer. 13. A book to be kept in the accountant-general's office for entering contributors' names, a duplicate whereof to be transmitted to the Exchequer.

14. Subscriptions paid in part, and not completed, forfeited. 15. Annuities to be deemed personal estate.

16. Power to Treasury to apply the money paid into the Exchequer.

17. Accountant-general to keep books for entering transfers. Transfers not liable to stamp duties.

18. Treasury to defray incidents.

19. Allowance for the expense of management.

20. Three per Cent. Annuities created by this act to be added to the joint stock of the 31. per Cent. Consols. 21. Terminable annuities created by this act may be transferred to and from England and Ireland. 22. Sinking fund.

23. Persons counterfeiting receipts for contributions, &c. guilty of felony.

24. Bank to continue a corporation till the annuities hereby granted shall be redeemed, or shall cease.

25. No fee to be taken for receiving contributions or paying or transferring annuities, on penalty of 201. 26. Persons sued may plead the general issue.

CAP. XIX.

An Act to remove Doubts as to the Commissions of Officers of Militia in Ireland who have omitted to deliver unto the Clerk of the Peace Descriptions of their Qualifications, and to indemnify them against the Consequences of such Omission; and to amend the Law relating to the Militia in Ireland. [25th May, 1855.]

CAP. XX.

An Act for granting to her Majesty an increased Rate of Duty on Profits arising from Property, Professions, Trades, and Offices. [25th May, 1855.] Sect. 1. Additional rate of 2d. in the pound on income tax to be charged from the 5th April, 1855.

to the increased rate of duty granted by this act. 2. All relief, abatement, and deduction to be proportionate

3. Duty to be assessed and raised under the provisions of recited acts.

4. Continuance of duties.

5. Continuance of act for recovery of arrears of duty, &c.

CAP. XXI.

An Act for granting certain Duties of Customs on Tea, Coffee, Sugar, and other Articles. [25th May, 1855.]

CAP. XXII.

An Act for granting certain additional Rates and Duties of Excise. [25th May, 1855.]

Sect. 1. Grant of duties of excise as in Schedule (A). Allowance and drawbacks as in Schedule (B).

2. Drawback on spirit mixtures to cease, except as to made wines.

3. Duties, &c. to be under the management of the Commissioners of Inland Revenue, and to be collected and paid under the provisions of acts relating to excise.

4. Where contracts may have been made before, the additional duties to be added to the price of the articles contracted

5. Full British duty to be paid on spirits delivered from a duty-free warehouse in Ireland for consumption in England or Scotland.

6. Spirits may be sent out or warehoused at proof strength, or within six-tenths thereof.

7. Distillers in England and Ireland to be entitled to allowance on spirits distilled from malt for home consumption as well as for exportation.