THE ENACTMENTS RELATIVE TO JUDGMENTS AS AND ALSO THE ENACTMENTS CONTAINED IN THE 3 & 4 IN IRELAND. 1 & 2 VICT. CAP. 110. An Act for abolishing Arrest on Mesne Process in Civil 9. And whereas it is expedient that provision should be made for giving every person executing a warrant of attorney to confess judgment, or a cognovit actionem, due information of the nature and effect thereof; be it enac ted, that from and after the time appointed for the commencement of this act no warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior courts on behalf of such person, expressly named by him and attending at his request, to inform him of the nature Warrant of attorney and cognovit ac tionem to be executed in the presence of an attor ney on behalf of the person. Warrant, &c. executed in valid. and effect of such warrant or cognovit, before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney. 10. And be it enacted, that a warrant of attorney to not formally confess judgment or cognovit actionem, not executed in manner aforesaid, shall not be rendered valid by proof that the person executing the same did in fact understand the nature and effect thereof, or was fully informed of the Sheriff em. powered to deliver exe same. 11. And whereas the existing law is defective in not providing adequate means for enabling judgment creditors lands &c. to to obtain satisfaction from the property of their debtors, judgment creditor. cution of and it is expedient to give judgment creditors more effectual remedies against the real and personal estate of their debtors than they possess under the existing law; be it therefore further enacted, that it shall be lawful for the sheriff or other officer to whom any writ of elegit, or any precept in pursuance thereof, shall be directed, at the suit of any person, upon any judgment which at the time appointed for the commencement of this act shall have been recovered, or shall be thereafter recovered in any action in any of her Majesty's superior courts at Westminster, to make and deliver execution unto the party in that behalf suing, of all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, as the person against whom execution is so sued, or any person in trust for him, 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: Provided always, Proviso as to Copyhold that such party suing out execution, and to whom such lands. copyhold or customary lands shall be so delivered in execution, shall be liable and is hereby 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 : Provided also, that as against purchasers, mortgagees, or Proviso as to purchasers, creditors, who shall have become such before the time mortgagees, appointed for the commencement of this act, such writ of elegit shall have no greater or other effect than a writ of elegit would have had in case this act had not passed. or creditors. operate as a 13. And be it enacted, that a judgment already entered Judgment to up or to be hereafter entered up against any person in any charge on of her Majesty's superior courts at Westminster shall real estate. be enforced until after operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents and hereditaments (including lands and hereditaments of copy hold 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 agairst 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 hereditaments; and that every judgment creditor shall have such and the same remedies in a court of equity against the hereditaments so charged by virtue of this 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 power 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 Charge not to thereon: Provided that no judgment creditor shall be entitled to proceed in equity to obtain the benefit of such the expir charge until after the expiration of one year from the tion of a year. time of entering up such judgment, or in cases of judgments already entered up, or to be entered up before the time appointed for the commencement of this act, until : purchasers, after the expiration of one year from the time appointed for the commencment of this act, nor shall such charge 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 Provided also, that as regards purchasers, mort- Proviso as to gagees, or creditors, who shall have become such before &c. the time appointed for the commencement of this act, such judgment shall not affect lands, tenements, or hereditaments, otherwise than as the same would have been affected by such judgment if this act had not passed: Provided also, that nothing herein 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. not realized quished if the person taken in execution. 16. And be it enacted, that if any judgment creditor, Securities who under the powers of this act shall have obtained any to be relincharge 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 judg ment debtor to be taken or charged in execution upon such judgment, then and in such case such judgment creditor shall be deemed and taken to have relinquished all right and title to the benefit of such charge or security, and shall forfeit the same accordingly. 17. And be it enacted, that every judgment debt shall Judgment carry interest at the rate of four pounds per centum per annum from the time of entering up the judgment or from the time of the commencement of this act, in cases of judgments then entered up and not carrying interest, N debts to carry interest. |