This section is from the book "A Compendium Of The Law And Practice Of Vendors And Purchasers Of Real Estate", by J. Henry Dart. Also available from Amazon: A compendium of the law and practice of vendors and purchasers of real estate.
Judgment docketed but not registered, or registered but not registered presumed to be satisfied.
Crown debts and accountantships.
(k) Coote on Mortgages, 50.
(l) Sug. 667.
(m) Beere v. Head, 3 J. & L. 340; and see Bedford v. Forbes, 1 Car. & K. 33 (Cresswell); and upon the Irish Acts, Knox v. Kelly, 1 D.
& Wal. 542; Hickson v. Collis, 1 J. & L. 94.
(n) Aldrich v. Cooper, 8 Ves. 394; Scriv. on Cop. 88.
(o) Sug. 673.
It is, as a general rule. proper to search the Register at Westminster for lis pendent; this search need not further back than five years.
When the property is copyhold, the Court Rolls (t) should be searched for incumbrances, etc., not appearing on the abstract] so, where the property lies in a district subject to the Register Acts, viz. Middlesex, Yorkshire,
Kingston-upon-Hull, and the Bedford Level, searches should be made in the local registers: these searches should be extended over the whole period covered by the abstract : copyholds, however, are excepted out of the
Register Acts of Yorkshire, Middlesex, and Kingstonupon-Hull (u); but it is doubtful whether the exception extends to leases of copyhold estates (w).
In many cases, it may be proper to search the Courts of Bankruptcy and Insolvency; purchasers without notice were protected by the 2 & 3 Vict. c 11, s. 12, and 2 & 3 Vict. c. 29, against acts of bankruptcy upon which no fiat had actually issued, the provisions of these Statutes are repealed but in effect re-enacted by the recent Consolidation Act (x); and notice of an act of bankruptcy is im-materialj if twelve months have elapsed without a fiat issuing or a petition for adjudication in bankruptcy being filed thereupon (y) .
Lis pendens.
Court Rolls and local registers.
Bankruptcy and Insolvency Courts.
(p) 1 Jarm. Cunv. by S. 112.
(q) Prid. on J. 154; Reg. v. Ellis, 19 L. J., N. S. 77, Exch.
(r) Sug. 673.
(s) Sug. 674: as to who are liable as accountants, sec 13 Eliz. c. 4; and Prid. on J. 159, et seq.
(t) But the purchaser before ad-mittance appears to have no right of inspection: Scriv. on Cop. 493, 4th ed.: the tenant, or any person claiming an interest under the Court Rolls, can compel inspection by mandamus, ibid. 532, and rases cited: see Ex parte Cooke, 6 Dow. & L. 413.
(u) Scriv. on Cop. 1113.
(w) Sug. 980.
Sir E. Sugden says, that it is "the duty of the purchaser's solicitor to search for annuities" (z); Mr. Jarman, on the contrary, states that "in ordinary cases the search can scarcely be recommended" (a); the general practice is believed to accord with the latter opinion.
We may here remark that the principle of general charges upon property is strongly disapproved of by the present Registration Commissioners (b); and that the law upon the subject will not improbably be submitted to the further consideration of the Legislature.
Where the estate has been entailed, or has belonged to married women, it may be proper, in special cases, to search for inrolled deeds and acknowledgments under the 3 & 1 Will. IV . c. 7 1; but such a search, it is conceived, is not usual in practice, unless there is reason to suspect the existence of suppressed documents.
 
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