66 66 any person or persons, of or for, or upon any judgment, sta"tute, or recognisance, thereafter to be made or had, to do, make, "and deliver execution unto the parties in that behalf suing, of "all such lands, tenements, tithes, and other hereditaments, as 66 any other person or persons be in any manner or wise seised or possessed, or thereafter shall be seised or possessed in trust for "him, against whom execution is so sued, like as the sheriff, or "other officer, might or ought to have done, if the said person against whom execution thereafter should be so sued had been "seised of such lands, &c. of such estate, as they be seised of in "trust for him at the time of the said execution sued; which "lands, &c., by force and virtue of such execution, shall accord"ingly be held and enjoyed, freed, and discharged from all in"cumbrances of such person as shall be so seised or possessed, "in trust for the person against whom such execution shall be "sued: and if any cestui que trust thereafter shall die, leaving a "trust, in fee-simple, to descend to his heir, there, and in every "such case, such trust shall be deemed and taken, and is hereby "declared to be, assets by descent, and the heir shall be liable "to and chargeable with the obligation of his ancestors, for and by reason of such assets, as fully and amply as he might or 66 ought to have been, if the estate in law had descended to him "in possession in like manner as the trust descended." 66 Hall v. Green. Ald. 684. hill, 4 B. & It has been determined that a trust, created by the defendant in favour of himself and another person, is not a trust within this statute, this enactment having been held to be confined to cases where the trustees were seised or possessed for the defendant alone, and not jointly with another person1. Lord Tenterden, in delivering judgment, said, "This statute made a change in the common law, and up to a certain extent at least, made a trust the subject of inquiry and cognisance in a legal proceeding. We think that the trust, which is to be thus treated, must be a clear and simple trust for the benefit of the debtor; the object of the statute appearing to us to be, merely to remove the technical objection arising from the interest in land being legally vested in another person, where it is so vested for the benefit of the debtor." In a subsequent case 2, where the same question arose, Best, C. J., after adverting to this case, said, "It was there held, that the Booker, 4 Bing. plaintiff could not recover in ejectment because the estate was vested in trustees, though partly for the defendant's benefit. But Harris v. 96. i Huntv. Coles, 385. if he could not recover in ejectment, neither could he in an action for the rent, because he could not claim the rent unless he had a right to enter." Of a joint equitable interest, a court of equity can alone take cognisance. No execution can attach under this act, except on lands of which another person or persons "be seised or possessed in trust for the person against whom execution is sued, at the time of the said execution sued:" and, therefore, if a trustee, seised in trust for the debtor at the time of the judgment, convey the lands before execution sued, the lands cannot be taken in execution1. A purchaser, therefore, for valuable consideration, and without notice, obtaining a conveyance of the legal estate from the trustee, and of the equitable interest from the cestui que trust, will not be bound by a judgment previously entered up against the cestui que trust, upon which no writ of execution has been sued. It has been contended, that even express notice of judgments is immaterial, provided the conveyance from the trustee be executed before execution awarded; but, however plausibly supported in argument, this doctrine is never relied on in practice, and a purchaser should always be advised to require satisfaction of the judgment to be entered on the records of the court. SECT. 2.-PROVISIONS OF THE 1ST VICT. c. 110, AND SUBSE 1 Vict. c. 110, 383j. QUENT STATUTES. I 3 & 4 Vict. c. 82, 383 s. 1st Vict. c. 110.]-By this statute, 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 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, enacts, "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 "all such lands, tenements, rectories, tithes, rents, and heredi"taments, including lands and hereditaments of copyhold or cus"tomary 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 after"wards, 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 de"liver execution of one moiety of the lands and tenements of any 66 66 66 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, that such party suing out execution, and to whom any 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, per"form, 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 cre"ditors, who shall have become such before the time 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." "That by virtue of any writ of fieri facias to be sued out of Sect. 12. any superior or inferior court after the time appointed for the "commencement of this act, or any precept in pursuance thereof, "the sheriff or other officer having the execution thereof may "and shall seize and take any money or bank notes, (whether of Sect. 13. "the governor and company of the Bank of England, or of any "other bank or bankers), and any cheques, bills of exchange, "promissory notes, bonds, specialties, or other securities for "money, belonging to the person against whose effects such writ "of fieri facias shall be sued out; and may and shall pay and "deliver to the party suing out such execution any money or "bank notes which shall be so seized, or a sufficient part thereof; "and may and shall hold any such cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, as a security or securities for the amount by such writ "of fieri facias directed to be levied, or so much thereof as shall "not have been otherwise levied and raised; and may sue in the 66 name of such sheriff or other officer for the recovery of the sum or sums secured thereby, if and when the time of payment "thereof shall have arrived; and that the payment to such "sheriff or other officer by the party liable on any such cheque, "bill of exchange, promissory note, bond, specialty, or other "security, with or without suit, or the recovery and levying "execution against the party so liable, shall discharge him to the "extent of such payment, or of such recovery and levy in execu"tion, as the case may be, from his liability on any such cheque, "bill of exchange, promissory note, bond, specialty, or other "security; and such sheriff or other officer may and shall pay over to the party suing out such writ the money so to be re"covered, or such part thereof as shall be sufficient to discharge "the amount by such writ directed to be levied; and if, after "satisfaction of the amount so to be levied, together with "sheriff's poundage and expenses, any surplus shall remain in "the hands of such sheriff or other officer, the same shall be paid to the party against whom such writ shall be so issued; provided that no such sheriff or other officer shall be bound to sue any party liable upon any such cheque, bill of exchange, "promissory note, bond, specialty, or other security, unless the party suing out such execution shall enter into a bond, with two "sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to "which he may become liable in consequence thereof, the expense "of such bond to be deducted out of any money to be recovered "in such action." "That a judgment already entered up, or to be hereafter en"tered up against any person in any of her Majesty's superior 66 "courts at Westminster, shall operate as a charge upon all lands, "tenements, rectories, advowsons, tithes, rents, and heredita"ments (including lands and hereditaments of copyhold or cus"tomary 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, having "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 en"tered up, and against all persons claiming under him after such judgment, and shall also be binding as against 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 heredita"ments; and that every judgment creditor shall have such and "the same remedies in a court of equity against the heredita"ments 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 thereon: Provided that no judgment creditor "shall be entitled to proceed in equity to obtain the benefit of "such charge until after the expiration of one year from the "time of entering up such judgment, or in cases of judgments 66 already entered up, or to be entered up before the time appointed for the commencement of this act, until after the expi"ration of one year from the time appointed for the commence"ment 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, mortgagees, or creditors, who shall have become "such before the time appointed for the commencement of this "act, such judgment shall not affect lands, tenements, or here"ditaments, otherwise than as the same would have been af |