Judgments Act 1838

XI Sheriff empowered to deliver Execution of Lands, &c. to Judgment Creditor. Proviso as to Copyhold Lands. Proviso as to Purchasers, Mortgagees or Creditors.

And whereas the existing Law is defective in not providing adequate Means for enabling Judgment Creditors to obtain Satisfaction from the Property of their Debtors, and it is expedient to give Judgment Creditors more effectual Remedies against the Real and Personal Estate of their Debtors than they possess under the existing Law ; be it therefore further enacted, That it shall be lawful for the Sheriff or other Officer to whom any Writ of Elegit, or any Precept in pursuance thereof, shall be directed, at the Suit of any Person, upon any Judgment which at the Time appointed for the Commencement of this Act shall have been recovered, or shall be thereafter recovered in any Action in any of Her Majesty's Superior Courts at Westminster, to make and deliver Execution unto the Party in that Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, including Lands and Hereditaments of Copyhold or Customary Tenure, as the Person against whom Execution is so sued, or any Person in Trust for him, shall have been seised or possessed of at the Time of entering up the said Judgment, or at any Time afterwards, or over which such Person shall at the Time of entering up such Judgment, or at any Time afterwards, have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, in like Manner as the Sheriff or other Officer may now make and deliver Execution of One Moiety of the Lands and Tenements of any Person against whom a Writ of Elegit is sued out; which Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, by force and virtue of such Execution, shall accordingly be held and enjoyed by the Party to whom such Execution shall be so made and delivered, subject to such Account in the Court out of which such Execution shall have been sued out as a Tenant by Elegit is now subject to in a Court of Equity; Provided always, that such Party suing out Execution, and to whom any Copyhold or Customary Lands shall be so delivered in Execution, shall be liable and is hereby required to make, perform, and render to the Lord of the Manor or other Person entitled all such and the like Payments and Services as the Person against whom such Execution shall be issued would have been bound to make, perform, and render in case such Execution had not issued; and that the Party so suing out such Execution, and to whom any such Copyhold or Customary Lands shall have been so delivered in Execution, shall be entitled to hold the same until the Amount of such Payments, and the Value of such Services, as well as the Amount of the Judgment, shall have been levied : Provided also, that as against Purchasers, Mortgagees, or Creditors, who shall have become such before the Time appointed for the Commencement of this Act, such Writ of Elegit shall have no greater or other Effect than a Writ of Elegit would have had in case this Act had not passed.