whom the same shall be payable, or his agent, to the person entitled thereto, or his agent.s A revival by scire facias is sufficient to take a judgment out of the statute, and the period of limitation begins to run only from the date of the last revival.t EFFECT OF JUDGMENTS UNDER THE RECENT STATUTES. HAVING taken a brief view of the law as it stood prior to the 1 & 2 Vict. c. 110, we shall now proceed to examine such of the enactments of this statute, as relate to judgments against real estates. But it is to be observed, that none of its provisions for extending the remedies of the judgment creditor, affect purchasers or mortgagees without • See Berrington v. Evans, 1 You. & Coll. 434. t Kealy v. Bodkin, 1 Sausse. & Scu. p. 211; see also Ottiwell v. Farran, Ib. 218. notice, and consequently, that as against such purchasers or mortgagees, the creditor must rely solely upon the old law, the 5th section of the 2 & 3 Vict. c. 11, having provided that no judgment, decree, rule, or order, shall, as against purchasers and mortgagees, without notice thereof, bind or affect any lands, tenements, or hereditaments, or any interest therein, further or otherwise, or more extensively in any respect, although duly registered, than a judgment of one of the Superior Courts would have bound such purchaser or mortgagee before the 1 & 2 Vict. c, 110, where it had been duly docketed according to the law then in force. But the 6th section provides that nothing in the said recited act, or in that act contained, shall affect or prejudice any judgment as between the parties thereto, or their representatives, or those claiming as volunteers under them. Purchasers, however, should be cautious in placing much reliance upon this exemption, as notice might be inferred from slight circumstances, and, if proved, would lay them open to all those more extensive remedies which the previous statute gives to judgment creditors against the pro. perty of their debtors. The 11th section of the 1 & 2 Vict. c. 110, after reciting that the existing law is defective in not providing adequate means for enabling judgment creditors to obtain satisfaction from the property of their debtors, and that 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, proceeds to enact, that upon any judgment which, at the time appointed for the commencement of that act, should have been recovered, or should be thereafter recovered in any action in any of her Majesty's Superior Courts at Westminster, execution may be delivered 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 execution might then be delivered of one moiety of the lands and tenements of any person against whom a writ of elegit was sued out; which lands, &c. shall accordingly be held by the party to whom such execution shall be delivered, subject to such account in the Court out of which such execution shall have been sued out, as a tenant by elegit is subject to in a court of equity: and it is provided, that such party to whom any copyhold or customary lands shall be delivered in execution, shall be liable to such payments and services to the lord of the manor or other persons entitled, as the person against whom such execution shall be issued would have been subject to in case such execution had not issued, and shall be entitled to hold the same lands until the amount of such payments and the value of such services, as well as the amount of the judgment, shall have been levied. The judgment creditor, therefore, is no longer restricted to a moiety, but is enabled, by this section to take the whole of his debtor's lands in execution. Copyholds, we have seen, could not be attached under the Statute of Westminster, and, as the reasons which took copyholds out of the operation of that statute would equally apply to customary freeholds, it would seem that they also were not liable to be taken under an elegit ;" but all lands and hereditaments of a copyhold or customary tenure are now expressly made extendible equally with freeholds. W It has been suggested, in a work of considerable reputation, that terms of years, as well equitable as legal, continue to be unaffected by judgments until execution, on the ground that the enactment is worded in the same manner as that of the Statute of Frauds, which was held not to include chattel interests; but in another part of the same work the writer observes, "that it is not clear that leaseholds are not bound by the judgment equally with freeholds, the conclusion drawn, infra, vol. v. p. 48, from the similarity in language between the 29 Car. 2, c. 3, sec. 10, and the 1 & 2 Vict. c. 110, sec. 11, is, perhaps, too positively expressed."x It will be remarked that this section of the Statute of Frauds speaks only of the lands, &c. of which the trustee shall be seised in trust u 2 Scriven on Copy holds, 678. 29 Car. 2, c. 3, s. 10. w5 Jarm. Conv. by Sweet, 48. x 1 Jarm. Conv. by Sweet, 107. |