27 VICTORIA, No. 213. Strangers may 178. Under an indenture executed after the passing of this Act, an immediate estate or interest in any land and the benefit of a condition or covenant respecting any land may be taken, although take immediately the taker thereof be not named a party to the same indenture; and a deed executed hereafter purporting to be an indenture shall have the effect of an indenture although not actually indented. under an ture and a deed purporting to be an indenture shall take effect as such. 8 & 9 Vict. c. 106 8. 5. other like in terests also rights of entry made alienable by deed 179. After the passing of this Act a contingent an executory and a future interest and a possibility coupled with an interest in Contingent and any land, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future and whether vested or contingent, into or upon any land in Victoria may be disposed of by deed. But no such disposition shall by force only of this section defeat or enlarge an estate tail; and every such disposition by a married woman shall be made conformably to the provisions for the time being in force relative to dispositions by married women. saving estates in tail. Ib. s. 6. Contingent remainders pro tected against the 180. A contingent remainder existing at any time hereafter shall be, and if the same was created before the passing of this Act premature failure shall be deemed to have been, capable of taking effect, notwithstanding the determination by forfeiture surrender or merger of any preceding estate of freehold in the same manner and in all respects as if such determination had not happened. of a preceding estate. Ib. s. 8. When the rever gone the next estate to be deemed the reversion. Ib. s. 9. 181. When the reversion expectant on a lease made either sion on a lease is before or after the passing of this Act of any land shall hereafter be surrendered or merge, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same land shall, to the extent and for the purpose of preserving such incidents to and obligations on the same reversion as but for the surrender or merger thereof would have subsisted, be deemed the reversion expectant on the same lease. Executions in order to bind land to be registered. 18 & 19 Vict. c. 15 s. 4. 23 & 24 Vict. c. 38 s. 1. PART XV.—PROTECTION OF PURCHASERS MORTGAGEES AND CREDI- 182. No judgment rule decree or order of the Supreme Court sitting at law or in equity or of any county court already recovered obtained or made or to be recovered obtained or made shall bind or affect or be deemed to have bound or affected any freehold land or chattel real, until and unless a writ of execution shall be issued thereon. And no writ of execution issued on any such judgment rule decree or order shall affect at law or in equity any such land or chattel real as to purchasers mortgagees or execution creditors (any notice of any such execution to any such purchaser mortgagee or creditor in any wise notwithstanding), unless and until the same be delivered to the sheriff for execution, and a memorandum, containing the name and the usual or last known place of abode and the trade or profession of the person whose estate is intended to be affected thereby and the court and title of the cause or matter in which such judgment rule decree or order shall have been recovered obtained or made and the date of such judgment rule decree or order together with the date of the delivery to the sheriff or other officer for execution of the writ or fieri facias upon such judgment rule decree or No. 213. order and the amount of the moneys thereby ordered to be made, 27 VICTORIA, shall be left with the Registrar-General; who shall forthwith enter the same particulars in a book in alphabetical order by the name of the person whose estate is intended to be affected by such execution and the Registrar-General shall insert in such book the year and the day of the month when every such memorandum is so left with him; and there shall be paid for every such entry a fee of five shillings and all persons shall be at liberty to search the same book on payment of a fee of one shilling. : re-registered. 8. 4. 183. All such registered executions as aforesaid shall after the Executions after expiration of five years from the date of the entry thereof be null ve years to be and void against freehold land and chattels real, as to purchasers 2 & 3 Vict. c. 11 mortgagees and execution creditors, unless a like memorandum as is required in the first instance be again left with the Registrar-General within five years before the execution of the conveyance settlement mortgage lease transfer or other instrument vesting or transferring the legal or equitable right title estate or interest in or to any such purchaser or mortgagee for valuable consideration; or as to creditors within five years before the right of such creditors accrued; and so toties quoties at the expiration of every succeeding five years; and the Registrar-General shall forthwith re-enter the same in like manner as the same was originally entered; and there shall be paid for every such re-entry a fee of one shilling; and notice of any execution not duly re-registered shall not avail against purchasers mortgagees or execution creditors as to any freehold land or chattel real. registration 184. Where by this Act re-registry of executions is required Provision for rewithin five years in order to bind purchasers mortgagees and creditors, explained. it shall be deemed sufficient to bind such purchasers mortgagees and 18 & 19 Vict. creditors if such a memorandum as is required in the first instance is again left with the Registrar-General within five years before the execution of the conveyance settlement mortgage lease transfer or other instrument vesting or transferring the legal or equitable right title estate or interest in or to any such purchaser or mortgagee for valuable consideration, or as to creditors within five years before the right of such creditors accrued; although more than five years shall have expired by effluxion of time since the last previous registration before such last-mentioned memorandum was left; and so toties quoties upon every re-registry. between parties 185. Nothing in this Part of this Act contained shall extend to Executions as affect or prejudice any execution or any rule decree or order as not to be affected. between the parties thereto or their representatives or those deriving Ib. s. 8. as volunteers under them. any lis pendens registered. 186. No lis pendens shall bind a purchaser or mortgagee without Purchasers not to express notice thereof in writing, unless and until a memorandum be affected by containing the name and the usual or last known place of abode and unless suit duly the trade or profession of the person whose estate is intended to be 2 & 3 Vict. c. 11 affected thereby and the title of the cause or information and the day s. 7. when the bill or information was filed shall be left with the RegistrarGeneral who shall forthwith enter the same particulars in a book as aforesaid in alphabetical order by the name of the person whose estate is intended to be affected by such lis pendens; and there shall be paid for every such entry a fee of two shillings and sixpence; and No. 213. 27 VICTORIA, the provisions hereinbefore contained in regard to the re-entering of executions every five years and the fee payable thereon shall extend to every case of lis pendens which shall be registered under the provisions of this Act. Recognizances entered into not to affect pur chasers unless duly registered as directed by this Act. s. 8. account 187. No judgment statute or recognizance which shall hereafter be obtained or entered into in the name or upon the proper of Her Majesty, or inquisition by which any debt shall be found due to Her Majesty, or obligation or specialty which shall hereafter be 2 & 3 Vict. c. 11 made to Her Majesty, or any acceptance of office which shall hereafter be accepted by officers whose lands shall thereby become liable for the payment and satisfaction of arrearages, shall affect any freehold land or chattel real as to purchasers mortgagees or execution creditors, unless and until a memorandum, containing the name and the usual or last known place of abode and the trade or profession of the person whose estate is intended to be affected thereby and also in the case of any judgment the court and the title of the cause in which such judgment shall have been obtained and the date of such judgment and the amount of the debt damages and costs thereby recovered and also in the case of a statute or recognizance the sum for which the same was acknowledged and before whom the same was acknowledged and the date of the same and also in the case of an inquisition the sum thereby found to be due and the date of the same and also in the case of an obligation or specialty the sum in which the obligor shall be bound or for which the obligation or specialty shall be made and the date of the same and also in the case of acceptance of office the name of the office and the time of the officer accepting the same, shall be left with the Registrar-General; who shall forthwith enter the said particulars in a book to be entitled "The Index to Debtors and Accountants to the Crown" in alphabetical order by the name of the person whose estate is intended to be affected by such judgment statute or recognizance inquisition obligation or specialty or the acceptance of any office; and there shall be paid for every such entry a fee of two shillings and sixpence; and all persons shall be at liberty to search the same book and also the other book to be kept as aforesaid or either of the said books on payment of the sum of one shilling, whether one only or both of the said books shall be searched, and no multiplication of books is to increase the fee. Registry to be open to inspection. Crown to reregister. 22 & 23 Vict. c. 35 s. 22. Punishment of vendor &c. for fraudulent con 188. The provisions herein before contained for re-registry of executions shall extend and apply to every such judgment statute recognizance inquisition obligation specialty or acceptance of office as is hereby required to be registered; so that it shall be obligatory on the Crown, in order to bind the freehold land or chattels real of its debtors or accountants as against purchasers mortgagees or execution creditors hereafter becoming such, to re-register in like manner as it is obligatory on a private person as regards an execution; and so that notice of any such judgment statute recognizance inquisition obligation specialty or acceptance of office not duly re-registered shall not avail against purchasers mortgagees or execution creditors becoming such after the passing of this Act as to freehold land or chattels real. 189. Any seller or mortgagor of land or of any chattels real or personal conveyed or assigned to a purchaser or mortgagee, or the pedigree. 23 & 24 Vict. solicitor or agent of any such seller or mortgagor, who shall after the 27 VICTORIA, passing of this Act conceal any settlement deed will or other instru- No. 213. ment material to the title or any incumbrance from the purchaser or cealment of deeds mortgagee or falsify any pedigree upon which the title does or may &c. or falsifying depend in order to induce him to accept the title offered or produced 22 & 23 Vict. to him with intent in any of such cases to defraud, shall be guilty c. 35 s. 24. of a misdemeanor; and being found guilty shall be liable at the c. 38 s. 8. discretion of the court to suffer such punishment by fine or imprisonment for any time not exceeding two years with or without hard labor or by both as the court shall award; and shall also be liable to an action for damages at the suit of the purchaser or mortgagee or those claiming under the purchaser or mortgagee for any loss sustained by them or either or any of them in consequence of the settlement deed will or other instrument or encumbrance so concealed or of any claim made by any person under such pedigree but whose right was concealed by the falsification of such pedigree; and in estimating such damages where the estate shall be recovered from such purchaser or mortgagee or from those claiming under the purchaser or mortgagee, regard shall be had to any expenditure by them or either or any of them in improvements on the land. But no prosecution for any offence included in this section against any seller or mortgagor or any solicitor or agent shall be commenced without the sanction of the law officers of the Crown or one of them; and no such sanction shall be given without such previous notice of the application for leave to prosecute to the person intended to be prosecuted as the law officers or one of them shall direct. PART XVI.-LANDS ETC. OF ACCOUNTANTS TO CROWN-SEIZURE OF countants to the registered. 190. Whenever a quietus shall be obtained by a debtor or ac- quietus to countant to the Crown and an office copy thereof shall be left with debtor act the Registrar-General together with a certificate signed by the Crown to be colonial Treasurer that the same may be registered, the Registrar- 2 & 3 Vict. c. 11 General shall forthwith enter the same in the said book of debtors s. 9. and accountants to the Crown in alphabetical order by the name of the person whose estate is intended to be discharged by such quietus with the date; and there shall be paid for such entry a fee of two shillings and sixpence. the estates of Crown in certain 191. It shall be lawful for the colonial treasurer with the con- For discharge of sent of the Governor, by writing under their hands upon payment debtors or acof such sum of money as they may think fit to require to be applied countants to the in liquidation of the debt or liability of any debtor or accountant to cases. the Crown or upon such other terms as they may think proper, to Ib. s. 10. certify that any freehold land or chattel real of any such Crown debtor or accountant shall be held by the purchaser or mortgagee or intended purchaser or mortgagee thereof his heirs executors administrators and assigns wholly exonerated and discharged from all further claims of Her Majesty for or in respect of any debt claim or liability present or future of the debtor or accountant to whom such land or chattel real belonged; and thereupon the same land or chattel real shall be held accordingly wholly exonerated and discharged as aforesaid. 27 VICTORIA, No. 213. 192. Any such certificate or the discharge of any such land or chattel real by virtue of this Act shall in nowise impeach lessen or Discharge of part affect the right or power of Her Majesty to levy the whole of any of the estate of a debt or demand which may at any time be due from any such debtor tant to the Crown or accountant to the Crown, out of or from any other property which would have been liable thereto in case no such certificate had been granted and no such discharge had been obtained. debtor or accoun not to affect claim of the Crown on other lands liable. 2 & 3 Viet. c. 11 8. 1-1. sold under execu tion unnecessary. 193. It shall not be necessary for the sheriff or for any district Seizure of land sheriff or other officer having the execution of a writ of fieri facias to make any seizure of land or of the right title and interest of any person of to or in any land or real estate under any writ of execution before the sale of such land right title and interest, any law to the contrary hereof notwithstanding. And all sales heretofore made by any sheriff or by any district sheriff or officer aforesaid or by any deputy sheriff or registrar of a county court or his deputy shall be deemed valid, although no seizure previously thereto was made: and every deed of bargain and sale of the right title and interest of any person of in or to any land which has already been or shall hereafter be executed by any person appointed to execute any writ of fieri facias, shall be deemed to have been and shall be as valid and effectual as if such right title and interest had been sold by the sheriff under a writ of that kind addressed to him and the deed of bargain and sale thereof had been executed by him. This Part is repealed, so far as it relates to any land under the "Trans PART XVII.-REGISTRATION OF WRITTEN INSTRUMENTS. 194. From and after the passing of this Act, all deeds confer of Land Sta- Veyances and other instruments in writing (except leases for less 301 s. 39, "Trans- than three years) of or relating to or in any manner affecting any fer of Land," post. lands tenements or hereditaments situated lying and being in Vic tute, ,"29 Vict. No. All deeds con veyances and other instru ments except leases for less than three years to be registered and to have priority according to the date 6 Anne c. 2. toria may be entered and registered in the office of the RegistrarGeneral in the manner hereinafter directed; and all such deeds conveyances and other instruments in writing as aforesaid, if made and executed bona fide and for a valuable consideration and regisas herein directed tered in conformity with the provisions of this Act, shall have and be allowed priority over every other deed conveyance or other instrument in writing (that is to say) :—the deed conveyance or other instrument in writing first registered in the office of the Registrarof registration. General, if the same be registered in conformity with this Act, shall have priority in respect of all lands tenements or hereditaments conveyed or affected by such deed conveyance or other instrument in writing over every other deed conveyance or other instrument in writing whatsoever and howsoever conveying or affecting the same lands tenements or hereditaments; and the deed conveyance or other instrument in writing next registered as aforesaid mutatis mutandis shall have priority over every other deed conveyance or instrument in writing as aforesaid; and so on according to the priority of the time of registering such deed conveyance or instrument in writing as aforesaid. (a) (a) The surviving executor under a will executed, for a nominal consideration, a conveyance of land, in confirmation of a previous execution sale made by the sheriff under a fieri facias. Such deed was held not to be, in the purview of section 11 of the Colonial Registration Act, 5 Vict. No. 21 (the corresponding section), a deed for valuable consideration, so as to give, by |