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LIMITED PENALTIES ACT 1864
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CHAPTER CXII.
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An Act to amend the Law relating to future Judgments, Statutes, and Recognizances.[2]
[29th July 1864.]
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WHEREAS it is desirable to assimilate the law affecting freehold, copyhold, and leasehold estates to that affecting purely personal estates in respect of future judgments, statutes, and recognizances :
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Future judgments, &c. not to affect land until land delivered in execution.
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1. No judgment, statute, or recognizance to be entered up after the passing of this Act shall affect any land (of whatever tenure) until such land shall have been actually delivered in execution by virtue of a writ of elegit or other lawful authority, in pursuance of such judgment, statute, or recognizance.
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Interpretation of terms.
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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.
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Writs of execution by virtue whereof land is actually delivered in execution shall be registered in manner prescribed by 23 & 24 Vict. c. 38., but in
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3. Every writ or other process of execution of any such judgment, statute, or recognizance, by virtue whereof any land shall have been actually delivered in execution, shall be registered in the manner provided by the Law of Property Amendment Act, 1860, but in the name of the debtor against whom
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[2 Short title, “The Judgments Act, 1864.” See 55 & 56 Vict. c. 10.] |
