Orders made in exercise of bankruptcy jurisdiction.

(m) Above, p. 373; Wms. Real Prop. 212, 21st ed.

(n) Davis v. Strathmore, 16 Ves. 419; Sug. V. & P. 521.

(o) Greaves v. Toficld, 14 Ch. D. 563. The language used in the Judgments Act, 1855, is different from that used in the Land Charges Act, 18S8. But Greaves v. Tofield was expressly decided on the principle applied in construing the Middlesex and Yorkshire Registry Acts, of which the language closely resembles that of the Land Charges Act, 1888.

(p) See above, pp. 557 - 559.

(q) Above, p. 581, n. (a). (r) See stats. 1 & 2 Vict. c. 110, s. 18; 46 & 47 Vict. c. 52, ss. b2, 93, 100; R. S. C. 1883, Orders 42 (rr. 3, 24, 28), 43 (r. 1); Bankruptcy Rules, 1886, r. 93.

(s) Stat. 1 & 2 Vict. c. 110, s 13.

(t) Stat. 63 &: 61 Vict. c. 26. s. 5.

Annuities or rent-charges which may affect purchasers of land are of two kinds, those granted in exercise of the ordinary right of alienation incident to ownership, and those created under statutory authority, generally for the purpose of securing the repayment of money advanced for the improvement of land. Of annuities of the former kind, those granted on or after the 26th of April, 1855, otherwise than by marriage settlement or will, for a life or lives or for any estate determinable on a life or lives, are required to be registered, formerly in the Court of Common Pleas and now in the Office of Land Registry, in order to affect the lands charged therewith as against purchasers (x). Life annuities so required to be registered are, however, valid in equity, though unregistered, as against purchasers who have notice of them (y). Annuities or rent-charges of the former kind, other than those so required to be registered, of course take effect according to their nature; if legal, they will affect the lands charged in the purchaser's hands; if equitable, the purchaser will take the lands free from them, only so far as he can claim under a conveyance of the legal estate made in good faith and for executed valuable consideration without notice of them, and not otherwise (z). If any such rent-charges exist, they ought to be stated on the abstract (a): but if not so disclosed, they are not generally discoverable either by any search, or by the absence of the title deeds, as a person having a rent only is not entitled to the custody of the title deeds of the land charged therewith (b).

Annuities or rent-charges.

Notice of life annuities.

(u) Above, p. 555. An example of an appeal made by a eon-traotor with a bankrupt to bank-ruptoy jurisdiction and. dismissed with costs against him occurs in Re Bastable, 1901, 2 K. B. 518.

(x) Stat. 18 &. 19 Vict. c. 15, as. 12. 14; above, pp. 467. 582. Annuities for or determinable on any life or lives, granted for valuable consideration, and not secured on lands of equal or greater value than the annuity, and belonging to the grantor for an estate in fee or in tail in possession, were formerly made void by statute, unless a memorial thereof were duly enrolled in the Court of Chancery: stats. 17 Geo. III. c. 26; 53 Geo. III. c. 141; 3 Geo. IV. c. 92; 7

Geo. IV. c. 75. But these statutes were repealed by the Act abolishing the Usury Laws: stat. 17 & 18 Vict. c. 90.

(y) Greaves v. Tofield, 14 Ch. D.

563

With regard to rent-charges of the latter kind, those coming under the description of a land charge (c) in the Land Charges Act of 1888 (d), and created after that year, are void as against a purchaser for value (e) of the land charged therewith, unless registered in the register of land charges at the Office of Land Registry. And rent-charges coming under the same description and created before the year 1889, but assigned over by act inter vivos after the year 1888, are not recoverable after the expiration of one year from the first of such assignments, as against a purchaser for value (e) of the land charged therewith, unless registered in the same register (g). As it may be contended that land charges so required to be registered are valid in equity as against purchasers who have notice of them (h), purchasers cannot be advised to disregard any such charges, though not registered, of which they have notice. Land improvement charges created by the authority of statute before the year 1889 were not declared to be void, as against purchasers, if not registered: but some of them were required to be registered and are discoverable by search. Thus, charges created under the Public Money Land charges,

Notice of unregistered land charges.

Land improvement charges created before 1889.

(z) Above, pp. 565 - 367; Ch-mow v. Geach, L. R. 6 Ch. 147.

(a) See above, pp. 105, 176.

(b) Wms. Real Prop. 462, 13th ed.; 598, 21st ed.

(c) Stated above, p. 437, n. (a).

(d) Stat. 51 & 52 Vict. c. 51, s. 12.

(e) Above, p. 582, n. (q). (g) Sect. 13.

(h) See above, p. 586, and n.(o).

Drainage Acts (i), the Private Money Drainage Act, 1849 (A), or the Improvement of Land Act, 1864 (l), before the year 1889, were registered against the name of the landowner affected thereby at the office of the Iuclosure Commissioners, afterwards styled the Land Commissioners (m), whose powers and duties were in the year 1889 transferred to the Board of Agriculture (n), at whose office the search for such charges should be made (o). Land improvement charges created under the General Land Drainage and Improvement Company's Act(p), the Lands Improvement Company's Acts (q), or the Land Loan and Enfranchisement not exceeding twenty-five years: stat. 27 & 28 Vict. c. 114 (see ss. 26, 49) , amended by 62 & 63 Vict, c. 46, and extended by 33 ft 34 Vict c. 56 and 34 ft 36 Vict. C. 84 to the erection, completion or improvement of limited owners' residences; by 40 & 41 Vict. c. 31 to waterworks: by 43 & 46 Vict.

These charges were to be made by certificate of the In-closure Commissioners, and to consist of rent-charges payable for twenty-two years: stats. 9 & 10 Vict. c. 101 (see s. 34), amended by 10 & 11 Vict. c. 11; 11 & 12 Vict. c. 119; 12 & 13 Vict. c. 100, ss. 30, 31 (repealed by 27 & 28 Vict. c. 114); 13 & 14 Vict. c. 31; 19 & 20 Vict, c 9.