The Express.
London, England, 1855-01-20 00:00:00

ILO) inteutatucc.

EQUITY C0U11.113,4.t11. 19.
SUOMI Till 1.31.11 ICRICIIS ST Amid.
RawKttce tr. OATIIIRCOLE.
Their lesedahipa delivered their: Adamant in this cue, the
ergamest epos which was Used in hilehaelmas Term last ;
Mal whisk involved the queriiom wkethee a judgment en-
breed up in owe of her Majesty's "spoke smuts at West
Waste? sines the pasting tof the statute: 1 and 2 Viet,
S.
110, Most a beneficed clergyman, for a debt, and doll
wee eilestual, nadir the provision contained is
the 13th weeks d that statute, to create a charge apes his
benefice, so as to entitle the crediinted tor to have a recurt.eiver if
the rents of the besides apps
by this co The
Motion in question of the statute enacts that a judgmenttin e-
so I
entered up .• shall operate as &charge upon sill lands,
Wets, rectories, &daemons, tithes, rents, and herediuments
Of or to which she debtor shall at the time of entering op
such judgment, or at any time afterwards, be seisedat
,
possessed or entitled for any estate or interest wh
Wier, It law Ofin equity, w bather in possessive,
'reversion, remainder, or expectancy, or over which
snob penes shall, at the time of entitle, up such
judgment or at any tins afterwards, a
te'hv any
disposing power which he might, Ut as-
lant of any other perms, exercise for his own benefit, and
shall he binding against the person against whom judg.
meat shall be so entered up, and against all persona claim-
ing under him after such judgment ; and that every such
judgment creifi•or shall have such and the same remedies
Ina court of equity against the hereditamenU
he wou eo charged
by virtue of this act, or any part therdf, as ld be
entitled to in case the person against whom inch judgment
shall have een so entered up had power to charge the awe
hereditament', and bad by writing under his band mitten
to charge the same with the amount of such judgment debt
and interest thereon. The question was whether the words
rectories and tithes used in the statute were to be confined
to lay rectoriee and lay tithes, latch might, before the
Statute, have bees charged et mortgaired by the act of the
proprietor, or whether they al.o included rectoriee an
et
d
tithes belonging to ecclesiastical benefice', incumbents
which are by the statute 13 Elie , e. 20, on grouLds of pub-
lie policy, ren hired incapable of charging or mottgsging
such property by their awn act. Vlce.Chaticellor Kindersley,
from whose decision the appeal was brought, had decided
in favour of the larger eonstruetion of the words in
question, oonsideriag himself bounti to take that
course in emsequence of an opinion expressed to the same
effect by Lord Crunwortb, won Vies•Chazicellor, upon the
occasion of an spoliation before him for the appointment
of a receiver of the profits of the benefice alleged to be
charged. Their lordships, however, held that the mere
the
re-
stricted construction should be adopted, and reversed
decision upon the question pronounced below. They ob-
served that the effect of the decision of the Vice-Chancellor,
if allowed to stand, would be virtually to repeal the provi-
sions of the statute 13 Elie. c. 20, upon this subject, and
to let in the evils it was intended to remedy. Such a con-
struction could not, therefore, in their opinion, be adopted.
unless it wee rendered inevitable by the whole wordingsad',
context of the statute, construed with reference to thee
d,
tention of the legislature on the occasion of pawingiag it,
to the evils intended to be remedied thereby, and this did
not appear to them to be the necessary result of • careful
Consideration of the whole statute.

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