Crown Debts and Judgments Act, 1860

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CROWN DEBTS AND JUDGMENTS ACT 1860

C A P. CXV.

An Act to simplify and amend the Practice as to the Entry of Satisfaction on Crown Debts and on Judgments. [28th August 1860.]

‘Whereas by several Acts of Parliament Debts and Obligations to the Crown, Judgments pending Suits, and Annuities are severally required to be registered in the Office of the Senior Master of the Court of Common Pleas at Westminster, in order to affect any Lands, Tenements, and Hereditaments sought to be charged therewith, and it is expedient to simplify and amend the Practice with respect to the Entry of Satisfaction or Discharge on the Registry thereof respectively:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Provisions of Sections 195, 196, and 197 of 16 & 17 Vict. c. 107. extended to all Bonds to the Crown.

I. All the Powers, Provisions, and Regulations concerning Bonds and other Securities relating to the Customs contained in Sections One hundred and ninety-five, One hundred and ninety-six, and One hundred and ninety-seven of the Act passed in the Session of Parliament holden in the Sixteenth and Seventeenth Years of Her Majesty’s Reign, Chapter One hundred and seven, shall, mutatis mutandis, be deemed to extend and shall be applied to all Bonds and other Securities entered into or given to Her Majesty, Her Heirs or Successors: Provided always, that in every Case in which under the Provisions of the said Sections any Certificate is required to be signed or any other Matter authorized to be done by the Commissioners of Customs, or any Number of them, any such Certificate or Matter in relation to any Bond or other Security concerning or incident to any Public Department shall respectively be signed and done by the respective Commissioners or other principal Officers of such Department, or any Two of them respectively, or if there shall be only One such Commissioner or principal Officer then by him, as the Case may be, or if there shall be no such Commissioner or other principal Officer then by the Commissioners of Her Majesty’s Treasury or any Two of them.

As to Entry of Satisfaction on Judgments.

II. The Senior Master of the Court of Common Pleas at Westminster may, upon the filing with him of an Acknowledgment in the Form or to the Effect following, be at liberty to enter a Satisfaction or Discharge as to any registered Judgment, pending Suit, Lis pendens, Decree, Order, Rule, Annuity, or Rentcharge or Writ of Execution, and such Officer shall be entitled for any such Registry of Satisfaction or Discharge to the Sum of Two Shillings and Sixpence, and no more; and such Senior Master may issue Certificates of the Entry of any Satisfaction or Discharge, and may charge the Sum of One Shilling for every such Certificate.

Form of Acknowledgment of Satisfaction.

Satisfaction is acknowledged between        A.B.        and        C.D.

as to a        dated the        Day of            18        for the

Sum of £        a Memorandum of which said                was left with the Senior

Master of the Court of Common Pleas at Westminster on the            Day of

18        to affect the Estate of                    and [if so] on the Writ of

Execution thereon, dated the        Day of        18        , a Memorandum of

which was left with the said Master on the Day of        18    .

And                        (or the Executor or Administrator of) do hereby expressly

nominate and appoint                of

Attorney-at-Law, to witness and attest the Execution of this Acknowledgment of Satisfaction.