Statutory charges on land of a principal sum, not payable by way of annuity.

(a) Elphinstone & Clark on Searches, 114, 115.

(b) These are granted by the Local authority by way of rent-charge for a term not exceeding thirty years: stat. 38 & 39 Vict. c. 55, ss. 240, 241.

(c) As those created under the Improvement of Buildings Act. 1860 c. cxxix.), as to lands in Middlesex, the Bradford Waterworks and Improvement Act, 1875 (c. lxix.) . and the Leeds Im-provement Act, 1877 (c.clxxviii.), where registration in the county register is required . Elphinstone & Clark on Searches, 121, 123.

Enabling the repayment. by instalments extending over not more than twenty-five years, of moneys expended in the improve -ment of settled estates to be charged thereon with the sanction of the Court of Chancery; but apparently seldom resorted to Elphinstone & Clark on Searches, 115.

(e) See Elphinstone & Clark on Searches, 121 sq.

(f) Stat. 38 & 39 Vict. c. 55, s. 267; see Corpn. of Birmingham v. Baker, 17 Ch. D. 782: Rt Bettes-worth and Richer, 37 Ch. D. 535; Re Smith's Settled Estates, 1901, 1 Ch. 689: above,pp. 177,521, 622.

(g) As in sewering, paving or lighting private streets under sect. 150 of the Act.

It appears that all the land improvement rent-charges created after the year 1888, at the instance of the owners of the land under any of the above-mentioned Acts, come within the description of land charges contained in the Land Charges Act of 1888 (k), and must be registered accordingly in order to be effectual as against a purchaser for value of the land charged. So, it seems, must any other land improvement charge effected under the same Acts at the instance of the owner of the land, hut not payable by way of annuity (/). The above-mentioned charge given by the Agricultural Holdings (England) Act, 1883, in favour of a landlord, who had paid compensation, was expressly included in the definition of a land charge given in the Land Charges Act of 1888 (m). And by an Act of 1890 (n) it was provided that the charge given by the Agricultural Holdings Act of 1883, where the landlord was not entitled for his own benefit, should be a land charge within the meaning of the Land Charges Act of 1888, and should be registered accordingly. And similar charges created under the Agricultural Holdings Act, 1908 (o), are also made land charges under the Act of 1888 and required to be registered in the same manner. But it has been held that the charges given by sect. 257 of the Public Health Act, 1875 (p), and similar charges imposed by statute on lands against their owner's will (q), are not land charges within the meaning of the Land Charges Act of 1888 (r), and do not, since that Act, require to be registered (s). A charge similar to that given by sect. 257 of the Public Health Act, 1875 (p), was authorised by the Private Street Works Act, 1892 (f): but a register of these charges is required to be kept by the urban authority.

What are land charges created after 1888.

(h) See Elphinstone & Clark on Searches, 121 sq.; above, pp. 177, 521, 522.

(i) Stat. 46 & 47 Vict. c. 61, ss. 29, 31.

(k) Above, pp. 4 37, n. (a), 588. It is conceived that where the charges are created by order or certificate of the Inclosure Commissioners, Land Commissioners, or Board of Agriculture or other body, given under statutory authority, they are not charged by deed within the meaning of sect. 4 of the Land Charges Act, 1888, though such order or certificate be directed to be made under hand and seal: see above, pp. 588 - 591.

(l) See R. v. Vice-Registrar of Office of Land Registry, 24 Q. B. D. 178.

(m) Above, pp. 437, n. (a).

(n) Stat. 53 & 54 Vict. c. 57, s. 3.

With regard to the other matters above referred to (u) in enumerating the objects of searches: - Under the Judgments Act, 1839 (x), no lis pendens shall bind a purchaser or mortgagee without express notice thereof unless registered and re-registered every five years in the Office of Land Registry. The purchaser should therefore search the register of pending suits for the last five years to find out if any legal proceedings affecting the property sold are entered therein. And as he will be bound by the result of any action at law or in equity affecting the property sold, which is so registered, or of which, though not so registered, he has express notice (y), he should, if any such action be proceeding, refuse to complete without the concurrence of all persons asserting therein any apparently well-founded claim on the property. It should be noted, however, that registration or express notice of a Us pendens against the vendor is not necessarily notice of an incumbrance on the land sold, for the suit in question may not affect the land (z). It is merely notice of a claim, and makes it necessary for the purchaser to inquire into the nature of the claim. And if the claim sought to be enforced be such as would create no charge on the land sold, the purchaser cannot refuse to complete the contract (a). Where the land sold is situate in either of the counties palatine of Lancaster and Durham, the index of pending suits in the Palatine Courts (b) must also be searched (c).

Lis pendens.

(o) Stat. 8 Edw. VII. c. 28 (which consolidated and repealed the Act of 1883 and its amending Acta), s. 19: see ss. 15-18, 35; Wms. Real Prop. 532, 633, 21si ed.

(p) Above, p. 591.

(q) Above, pp. 177, 521.

(r) Above, p. 437, and n. (a)

(s) R. v. Vice-Registrar of Office of Land Registry, 24 Q. B. D. 178.

(t) Stat. 55 & 56 Vict. c. 57, s. 13: Stock v. Meakin, 1900, 1 Ch. 683: above, pp. 177. 521. (u) Above, p. 580.

(x)Stats. 2 & 3 Vict. c. 11, s. 7.;42 & 44 Vict. c. 78: R.S .C 1883, Order 61; above, p. 581.

W

Lands in Lancashire or Durham.

Searches in bankruptcy are of course made to discover if the title to the lands sold has been affected by reason of their vesting under bankruptcy proceedings against the vendor or some former owner, either in the trustee in the bankruptcy or in the trustee appointed to carry out a composition or scheme of arrangement approved by the Court (d). By the Deeds of Arrangement Act, 1887 (c), any of the following instruments made in respect of the affairs of a debtor for the benefit of his creditors generally (f) (otherwise than in pursuance of the bankruptcy law for the time being in force) shall be void, unless registered in the Central Office of the Supreme Court (g) within seven days after the first execution thereof by the debtor or any creditor (h), and unless stamped in accordance with the Act; that is to say, an assignment of property, or deed of or agreement for a composition, deed of inspectorship, letter of licence, and any agreement or instrument entered into for the purpose of carrying on, winding up, or disposing of a debtor's business with a view to the payment of his debts. And by the Land Charges Act of 1888 (i), every such deed of arrangement, whether made before or after the commencement of that Act, shall be void as against a person becoming after the year 1888 a purchaser for value (k) of any land comprised therein or affected thereby, unless registered in the Office of Land Registry. Search in bankruptcy and for deeds of arrangement should never be omitted where it is known or there is reason to suspect that the vendor or any former owner is or has been in embarrassed circumstances (/); and having regard to the difficulties occasioned where bankruptcy proceedings have taken place unknown (m), it appears desirable to search in bankruptcy on every sale. And the same remark applies to searching for deeds of arrangement. Search for disentailing assurances is only necessary where the title depends on the fact of some estate tail, vested in a person of full age, not having been barred. It is only requisite to search for certificates of the acknowledgment of deeds by married women where title is made through some married woman entitled to the land sold at common law, and there is reason to suppose that some disposition, inconsistent with the abstracted title, has been made by her before the year 1883 by deed acknowledged (n) and has been suppressed (o). Both these searches are now made, as to assurances under the Fines and Recoveries Act, 1833 (p), at the Central Office of the Supreme Court (q); whilst the records of fines and recoveries are preserved in the Public Record Office (r). The object of searching, on the sale of unregistered land, in such of the registers established by the Land Transfer Acts, 1875 and 1897 (s), as are open to public inspection, is to discover whether the title to the land sold has been or is about to be registered under those Acts. This may be ascertained at the Office of Land Registry by inspection of the index map and search in the list of pending applications kept there. Such inspection and search should certainly be made on every sale of unregistered land situate in a district where registration of title is compulsory on sale (t); and, having regard to the effect of registration under these Acts in extinguishing title (u), it is no doubt a prudent precaution to take on any sale. But until voluntary registration of title becomes more common than it has hitherto been, the risk practically run in omitting this search, on the purchase of land not situate in a compulsory registration district, will not be great. If it should be found that the title to the land sold has been registered, the purchaser must of course take the steps requisite on a purchase of registered land to acquire a transfer of the estate to himself. The object and necessity of search in the Middlesex and Yorkshire Registries on the purchase of lands situate in those counties sufficiently appears from what has been said above concerning such sales (x). The Court Rolls should be searched on the sale of copyholds (y) for similar reasons.