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Registration of
Affidavit to

have the Effect
of a Mortgage.

Voluntary Conveyances after Judgment entered up void

tioned, of such Affidavit, and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid by such Judgment, Decree, Order, or Rule, and stating that, to the best of the Knowledge and Belief of the Deponent, the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is at the Time of the swearing of such Affidavit so seised or possessed, or has such disposing Power as aforesaid, of or over such Lands, Tenements, or Hereditaments, and such Affidavit shall specify the County and Barony, or the Town or County of a City, and Parish, or the Town and Parish, in which the Lands to which the Affidavit relates are situate, and where such Lands lie in Two or more Counties or Baronies, or Parishes or Streets, or partly in One Barony, Parish, or Street and partly in another, the same shall be distinctly stated in such Affidavit; and it shall be lawful for the Creditor making such Affidavit to register the same in the Office for registering Deeds, Conveyances, and Wills in Ireland, by depositing in such Office an Office Copy of such Affidavit; and such Copy shall be numbered and transcribed, and shall be entered in the Books and Indexes kept in the said Office, in like Manner as if the same were a Memorial of a Deed; and for the Purpose of such Entries the Creditor under such Judgment, Decree, Order, or Rule shall be deemed the Grantee, and the Debtor thereunder shall be deemed the Grantor; and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid thereby shall be deemed the Consideration; and the like Fee shall be paid on such Registration as in the Case of registering a Memorial of a Deed.

VII. And be it enacted, That the Registration as aforesaid of such Affidavit shall operate to transfer to and vest in the Creditor registering such Affidavit all the Lands, Tenements, and Hereditaments mentioned therein, for all the Estate and Interest of which the Debtor mentioned in such Affidavit shall at the Time of such Registration be seised or possessed at Law or in Equity, or might at such Time create by virtue of any disposing Power which he might then without the Assent of any other Person exercise for his own Benefit, but subject to Redemption on Payment of the Money owing on the Judgment, Decree, Order, or Rule mentioned in such Affidavit; and such Creditor, and all Persons claiming through or under him, shall, in respect of such Lands, Tenements, and Hereditaments, or such Estate or Interest therein as aforesaid, have all such Rights, Powers, and Remedies whatsoever as if an effectual Conveyance, Assignment, Appointment, or other Assurance to such Creditor of all such Estate or Interest, but subject to Redemption as aforesaid, had been made, executed, and registered at the Time of registering such Affidavit.

VIII. And be it enacted, That where an Affidavit shall be registered as aforesaid, every such Conveyance and other Act whatsoever made or done after the Date of the Judgment, Decree, Order, or Rule mentioned in such Affidavit, of and concerning any Lands, Tenements, or Hereditaments mentioned in such Affidavit, as under an Act of the Parliament of Ireland passed in the 10 Car. I. (1.) Tenth Year of King Charles the First, intituled An Act against

as against the Creditor.

covenous and fraudulent Conveyances, would be deemed void against Purchasers for Money or other good Consideration, shall

be

be void as against the Creditor registering such Affidavit, and the like Remedies may be had in respect of such Lands, Tenements, and Hereditaments as if such Conveyance or other Act had not been made or done: Provided always, that nothing herein contained shall in anywise affect the Provisions of the same Act concerning Conveyances and other Acts had or made to the Intent to delay, hinder, or defraud Creditors.

Not to affect
Provisions as

to fraudulent
Conveyances.

thereof upon

IX. And be it enacted, That upon the Lodgment in the said Registrar of Office for registering Deeds, Conveyances, and Wills of such Cer- Deeds, upon tificate of the Entry of Satisfaction upon the Roll of any Judgment, Certificate of Lodgment of or of such Certificate of any Decree, Rule, or Order having been Satisfaction of performed, complied with, or satisfied, as is mentioned in the said Judgment, &c., Act of the Twelfth Year of Her Majesty, the Registrar of the to enter Mesaid Office shall, where an Affidavit has been registered under morandum this Act in respect of such Judgment, Decree, Rule, or Order, Entries of cause a Memorandum of Satisfaction thereof to be subscribed to Affidavit. the several Entries of such Affidavit in the Books kept at the said Office, specifying the Date at which Satisfaction of such Judgment appears by such Certificate to have been entered on Record, or, in the Case of any such Decree, Rule, or Order, specifying the Date of the Certificate; and upon every Certificate of Search made in the said Office subsequently to the Entry of such Memorandum as aforesaid whereon such Affidavit shall appear the Entry of such Memorandum shall be stated.

X. Provided always, and be it enacted, That all such Chattel Act not to afInterests in Lands, Tenements, or Hereditaments as might have fect Execution been taken in Execution under any Writ of Fieri facias if the by Fieri facias. said Act of the Fourth Year of Her Majesty had not been passed, may be taken in Execution and otherwise dealt with under any Writ of Fieri facias already issued or hereafter to be issued, anything in this Act contained notwithstanding.

XI. And be it enacted, That in the Administration in Courts of Equity of the Assets of any Person against whom any Judgment, Decree, Order, or Rule has been or shall be entered up, obtained, or made, either before or after the passing of this Act, who shall die seised of or entitled to any Estate or Interest in Lands, Tenements, or Hereditaments, the Creditor under such Judgment, Decree, Order, or Rule shall have the same Rights upon and in respect of such Lands, Tenements, or Hereditaments as if this Act had not been passed.

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Rights of Judgment Creditor

in Administra

tion of Assets preserved.

to Interests

XII. And whereas Doubts have arisen whether under the 3 & 4 Vict. ' recited Provision of the said Act of the Fourth Year of Her c. 105. s. 22. Majesty Judgments against Persons having Securities upon Land not to extend for Payment of Money may not operate as a Charge upon such created by SeLand, or affect the Title thereto; and it is expedient that such curities for 'Doubts should be removed: Be it therefore declared and Money. enacted, That no Judgment, Decree, Order, or Rule shall under the said Act of the Fourth Year of Her Majesty operate or be deemed to have operated as a Charge upon any Estate, Interest, or Title in or to Lands, Tenements, or Hereditaments vested in or subject to the Power of Disposition of any Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made, where such Estate, Interest, or Title is so vested or subject to such Power as aforesaid, by way of Mortgage 13 & 14 VICT.

H

or

Act may be amended, &c.

12 & 13 Vict. c. 42.

or otherwise, as a Security for the Payment of any Money, or consists of any Judgment or Lien or any Money thereby secured or recoverable, or any Sum or Sums of Money (except Rents and Rent-charges) charged upon or payable out of Lands, Tenements, or Hereditaments: Provided always, that this Section shall not in any Manner extend or apply to any Case in which the above Doubts, or any Question thereon, have or hath been already argued or raised in any Proceeding now depending in any Court of Equity in Ireland.

XIII. And be it enacted, That this Act may be amended or repealed in this present Session of Parliament.

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CA P. XXX.

An Act to provide for the Appointment of Sheriff of the
County of Westmoreland.
[15th July 1850.]

WHEREAS the Office of High Sheriff of Westmoreland, by

virtue of a certain Grant or Grants of His Majesty King 'John to Robert de Veteripont and his Heirs, and of divers Assignments or Conveyances thereof, descended and came to 'Henry Earl of Thanet now deceased, who in his Lifetime and ' at the Time of his Death was and exercised and enjoyed the said 'Office of Hereditary High Sheriff, descendible to him and his Heirs: And whereas the said Henry Earl of Thanet died on or ' about the Twelfth Day of June One thousand eight hundred ' and forty-nine without lawful Issue, having first made and pub'lished his Will, whereby (as it is alleged) he devised the said 'Office of Sheriff to Richard Tufton for Life, with divers Re'mainders over: And whereas Doubts have arisen whether the 'said Office of Sheriff passed by the said Devise contained in the 'said Will, or whether it became on the Death of the said Henry • Earl of Thanet vested in his Heir or Heiress at Law, or whether it escheated to the Crown: And whereas it being impracticable to settle and ascertain such Doubts and Rights within the Time 'necessary for executing and performing the said Office of Sheriff within the said County, and it being necessary for 'the Administration of Justice within the said County that a Sheriff for the said County should be appointed until such 'Doubts and Rights could be settled and ascertained, it was by a certain Act of Parliament passed in the Thirteenth Year of the Reign of Her Majesty, intituled An Act to provide for 'the Execution for One Year of the Office of Sheriff in the County of Westmoreland, enacted that it should be lawful for Her Majesty, from and after the passing of that Act, to nomi'nate and appoint, in Manner and Form therein mentioned, such 'Person to be Sheriff for One Year of the County of Westmore'land as She should by the Advice of Her Council think fit: And 'whereas, in pursuance of the said Power given to Her Majesty by the said Act, Her Majesty, on the Eighteenth Day of July in the Year One thousand eight hundred and forty-nine, was graciously pleased, by the Advice of Her Council, to appoint George Edmund Wilson of Heversham House, Esquire, to be Sheriff of the County of Westmoreland: And whereas grave • Inconveniences have arisen in consequence of the said Office of ⚫ Sheriff

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Sheriff of Westmoreland having been so vested in the Heirs of 'the said Robert de Veteripont, and also still further Incon'veniences in consequence of the conflicting Claims of different 'Persons to the said Office under or by virtue of the said Grant ; ' and the like Inconveniences may again occur if the Right to 'hold, exercise, or enjoy the said Office should be continued as 'aforetime in any of Her Majesty's Subjects; wherefore it is 'expedient that Provision should be made for the discontinuing and abolishing such Rights, and for vesting the Appointment of 'the Sheriff of the County of Westmoreland in Her Majesty, Her 'Heirs and Successors, in like Manner as is the Case in all other 'Counties of England and Wales: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the first Appointment by Her Majesty, After the first Her Heirs and Successors, of any of Her Majesty's Subjects, in Appointment manner herein-after mentioned, to be Sheriff of the County of Her Ma jesty of Sheriff Westmoreland, all Right and Title in the said Robert de Veteri- of Westmorepont, his Heir or Heirs, or any Person or Persons claiming land, all other through or under any of them, or under any Devise, Conveyance, Rights to make or Assurance made by them or any of them, or under or by virtue such Appointof any hereditary Claim or Title whatsoever to hold, exercise, and enjoy the Office of Sheriff of Westmoreland, shall for ever cease and determine.

ment to cease.

After passing of Act, Her Majesty to appoint

to Office of

II. And be it enacted, That from and after the passing of this Act it shall be lawful for the Queen's most Excellent Majesty, Her Heirs and Successors, to appoint, in such Manner and Form as is provided by an Act passed in the Session of Parliament holden Sheriff. in the Third and Fourth Years of the Reign of King William the Fourth, for, amongst other things, "facilitating the Appointment 3&4 W.4. c.99. "of Sheriffs," such Person (being by Law competent to hold and exercise the Office of Sheriff) to be Sheriff of the County of Westmoreland as She shall, by the Advice of Her Privy Council, think fit, and hereafter from Time to Time as Occasion shall require to appoint in like Manner and Form any other Person (so being by Law competent as aforesaid) to be Sheriff of the said County of Westmoreland; and such Person so to be from Time to Time appointed shall hold, use, and execute the said Office of Sheriff within the said County of Westmoreland, and upon taking the Oath of Office by the said Act prescribed shall thenceforth have and exercise all the Powers, Privileges, and Authorities hitherto usually exercised and enjoyed by the Sheriff of the County of Westmoreland, or any other Sheriff now or heretofore appointed under and by virtue of the said last-mentioned Act, and shall be subject and liable to the same Duties and Liabilities as the Sheriff of the County of Westmoreland has hitherto been subject and liable to, and to all the Liabilities imposed upon Sheriffs in England and Wales by the said last-mentioned Act.

tinue Sheriff of

III. Provided always, and be it enacted, That the said George G. E. Wilson, Edward Wilson shall continue to hold, use, and execute the said Esq. to con. Office of Sheriff of the County of Westmoreland until the Appoint- Westmoreland ment by Her Majesty, Her Heirs or Successors, of some other until another Person to be Sheriff of the said County under this Act. appointed.

H 2

CAP.

9 & 10 Vict. c. 101.

10 & 11 Vict. c. 11.

11 & 12 Vict. c. 119.

10 & 11 Vict. c. 32.

12 & 13 Vict. c. 59.

12 & 13 Vict. c. 23.

Treasury may
advance

2,000,000l. for
Improvement
of Landed Pro-
perty in Great
Britain, and
200,000l. for
Ireland.

The Sums to be advanced for

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CA P. XXXI.

An Act to authorize further Advances of Money for
Drainage and the Improvement of Landed Property in
the United Kingdom, and to amend the Acts relating to
such Advances.
[15th July 1850.]
WE HEREAS an Act was passed in the Tenth Year of Her
Majesty, intituled An Act to authorize the Advance of
public Money to a limited Amount to promote the Improvement
of Land in Great Britain and Ireland by Works of Drainage,
and the said Act was explained and amended by another Act
passed in the Tenth Year of Her Majesty; and an Act was
passed in the Twelfth Year of Her Majesty, to simplify the
Forms of Certificates under the said first-mentioned Act: And
'whereas an Act was passed in the Tenth Year of Her Majesty,
'intituled An Act to facilitate the Improvement of Landed Pro-
perty in Ireland; and the said Act was amended by an Act
passed in the last Session of Parliament; and an Act was
'passed in the same Session, "to authorize further Advances of
"Money for the Improvement of Landed Property, and the
"Extension and Promotion of Drainage and other Works of
"public Utility, in Ireland:" And whereas it is expedient to
authorize further Advances of Money for Drainage and the
Improvement of Landed Property in the United Kingdom, and
to amend the Acts relating to such Advances: Be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of the
same, That it shall be lawful for the Commissioners of Her
Majesty's Treasury to issue and advance or cause to be issued and
advanced out of the growing Produce of the Consolidated Fund
of the United Kingdom of Great Britain and Ireland, in addition
to the Sums already authorized to be advanced for the Purposes
herein-after mentioned, such Sum or Sums of Money, not exceed-
ing in the whole the Sum of Two million Pounds, as may be
required for the Purposes of Loans for the Improvement of Landed
Property in Great Britain, and such Sum or Sums of Money, not
exceeding in the whole the Sum of Two hundred thousand Pounds,
as may be required for the Purposes of Loans for the Improve-
ment of Landed Property in Ireland, or, if the Commissioners of
Her Majesty's Treasury so think fit, it shall be lawful for them to
cause any Number of Exchequer Bills to be made out at the
Receipt of the Exchequer at Westminster for any Sums of Money
not exceeding in the whole the said Sums of Two million Pounds
for Great Britain, and Two hundred thousand Pounds for Ire-
land, as they shall think fit to direct for the Purposes aforesaid,
but provided that the whole Amount of such Advances out of
the Consolidated Fund and by Exchequer Bills shall not together
exceed the said Sums of Two million Pounds for Great Britain
and Two hundred thousand Pounds for Ireland.

II. And be it enacted, That the Money to be advanced under this Act for the Purposes of Loans for the Improvement of Landed Great Britain Property in Great Britain shall be applied for the Purposes and

under

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