Judgments Act 1864
| Jurisdiction | UK Non-devolved |
| Citation | 1864 c. 112 |
| Year | 1864 |
(27 & 28 Vict.) C A P. CXII.
[29th July 1864]
'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:' Therefore 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, as follows:
1 Future Judgments, &c. not to affect Land until delivered in Execution.
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.
2 Interpretation of Terms.
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.
3 Writs of Execution to be registered in manner prescribed by 23 & 24 Vict. c. 38.
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 an Act passed in the Session of the Twenty-third and Twenty-fourth Years of Her present Majesty, intituledAn Act to further amend the Law of Property , but in the Name of the Debtor against whom such Writ or Process is issued, instead of, as under the said Act, in the Name of the Creditor; and no other or prior Registration of such Judgment, Statute, or Recognizance shall be or be deemed necessary for any Purpose; and no Reference to any such prior Registration shall be...
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