or order made by such superior court; and all proceedings shall and may be immediately had and taken thereupon or by reason or in consequence thereof, as if such judgment so recovered, or rule or order so made, had been originally recovered in, or made by the said superior court, and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment, or rule or order: Provided always, that no such judgment, or rule or order, when so removed as aforesaid, shall affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, any further than the same would have done if the same had remained a judgment, rule or order, of such inferior court, unless and until a writ of execution thereon shall be actually put into the hands of the sheriff or other officer appointed to execute the same : Provided also, that nothing herein contained shall extend or apply to any decree, dismiss, rule, or order of any assistant barrister, or any order of any judge, made upon any appeal from any such decree or dismiss, or to any decree or order of any manor court, or to any order made upon any appeal from any such decree or order.

INDEX.

ERRATA.

Page 4, lines 6, and 10, for "creditor" read "debtor."

10, note p, for "29 Car. 2, c. 35," read "29 Car. 2, c. 3." 42, line 5, from bottom, for "has," read "as."

49, line 12, from bottom, for "with practice," read "with

the practice."

62, note d, for " 41," read " 14."

123, line 3, for "notice" read "no notice."

INDEX.

ABSTRACT.

Should mention all judgments affecting the pro-
perty sold or mortgaged, 70.

APPOINTMENT.

Under old law would override judgments subse-
quent to power, 32.

Not so under new law, 63.

But purchasers without notice still protected by,
Ib.

Ulterior estate not to be defeated by, under joint
power, 74.

BANKRUPTCY.

Effect of, on judgments under old law, 33.
Will not affect creditors' lien on estates sold be-
tween judgment and bankruptcy, 39.
Where, intervenes between execution of convey-

ance and payment of purchase money, 40.
If lands articled to be sold before, judgment cre-
ditor no lien, Ib.

Judgments not affected in equity under new law
by, if entered up a year before, except where
founded on warrants of attorney, 76.

Assignees in, take subject to all equities to which
bankrupt is liable, 123.

CONTRACT FOR SALE.

Purchaser was relieved from judgments entered
up against vendor after, 16.

Such judgments, however, lien on unpaid pur-
chase money, 18.

P

CONTRIBUTION.

Purchaser of portion of land subject to judgment
entitled to, 45.

But not, from purchasers of earlier date, 47.
Debtor or his heir not entitled to, in respect of
lands retained, 45.

Observations of Sir Edward Coke upon, 46.
Right of, established by 16 & 17 Car. 2, c. 5, s.
2, Ib.

COPYHOLDS.

Not within Statute of Westminster, 7.

Liable to judgments under 1 & 2 Vict. c. 110,
56, 65.

But judgments would not affect, in hands of
purchaser without notice, 60.

DOCKETS.

Closed by 2 & 3 Vict. c. 11, 94.

ELEGIT.

Framed in pursuance of Statute of Westminster, 2.
Duty of sheriff on suing out this writ, 2, 3.
Effect of two, issued at the same time, 9.
What might be taken on, under old law.
Estates in severalty, 6.

in co-parcenary, Ib.

in common, Ib.

in joint-tenancy during life of ten-
ant acknowledging judgment, 7.

Rent charges, 6.

Lands in ancient demesne, Ib.

Estates granted for maintenance of digni-
ties, Ib.

Impropriate tithes, Ib.

Rent incident to reversion on lease, Ib.

Lands of tenant in tail during his life, 7.