17 



JUDGMENT. 



JUGGERNAUTH. 



13 



the whole of the debtor's lands, including copyholds, making leaseholds 

 bound in the same manner as freeholds. And as all lands are included 

 by the acts, over which the debtor may have a disposing power, judg- 

 ments against a tenant in tail are binding on his issue ; for the tenant 

 might at any time have barred the entail. So also were equities of 

 redemption and trust estates, in which the debtor had only a partial 

 interest. After passing this act a question was raised whether stock 

 was comprised in which the debtor had only a partial interest, but 

 this was set to rest by a clause of the second act, mentioned above, 

 which distinctly declares that the^ftterest of the judgment debtor, 

 whether in possession, remainder, or reversion, in any stocks, funds, or 

 shares, as also in the dividends and annual proceeds of such stocks, 

 &c., is to be liable to the judgment, and that stock standing in the 

 name of the accountant-general is to be in the same position. Money 

 and securities for money (except where deposited in the hands of a 

 third person as a trustee) can also be taken in execution. But the 

 greatest alteration which recent statutes have worked is changing the 

 effect of judgment before execution is sued out, from a general lien to 

 a specific charge upon the " lands, tenements, rectories, advowsons, 

 tithes, rents, and hereditaments" of which the judgment debtor may, 

 at the time of entering up judgment, or at any time afterwards, be 

 possessed, of any estate whatsoever, at law or in equity, or over which 

 he may have any disposing power. All the judgments are made bind- 

 ing on the persons against whom they are entered up, and against all 

 persons claiming through them, the judgment creditor being entitled 

 to the same remedies in a court of equity as if the debtor had by 

 writing agreed to charge the lands, &c. The creditor is not however to 

 proceed in equity to obtain the benefit of such a charge until the 

 expiration of one year from the time of entering up such judgment ; 

 and in case of bankruptcy, the judgment, unless entered up one year, 

 is to give no preference to the judgment creditor beyond creditors for 

 simple contrac . A special proviso excepts purchasers, mortgagors, or 

 creditors previous to the time when the act came into operation; and 

 with respect to purchasers for valuable consideration without notice, 

 the rules of equity remain unaltered. 



A judgment creditor, applying now for remedy to the Court of 

 Chancery, will not be obliged to sue out the writ of elegit, for that 

 which ia agreed to be done is considered by a Court of Equity as 

 actually performed, and the judgment creditor has therefore, by virtue 

 of his judgment alone, an equitable estate. If however a judgment 

 creditor, having obtained any charge, or being entitled to the benefit of 

 any security, should, before the property so charged or secured is con- 

 verted into money and applied towards the payment of the judgment 

 debt, cause the judgment debtor to be arrested, the benefit of such 

 charge or security ia deemed relinquished. The extent of such charge 

 goes now to the interest at the rate of four per cent, on the judgment 



is well as to the debt itself. 



The dockets which existed since the 4 i 5 W. A M. are now finally 

 I, and no judgment, decree, or order, which might be registered 

 uinl.T the 1 4 2 Viet. c. 110 (see 18 4 19 Viet. c. 15, a. 4), can affect 

 purchasers, mortgagors, or creditors, unless and until a memorandum 

 or minute of the judgment, &c., with the person's name against whom 

 and the date when it was recovered, is left with the proper officer of 

 the proper court, who is to enter the same in a book kept for the pur- 

 pose, in an alphabetical order by the name of the person whose estate 

 is to be affected. In order to keep alive old docketed judgments, it was 



necessary to register them according to this provision before a 

 certain time fixed by the act, or they woidd be deemed satisfied. 



Under the old law a purchaser was bound by undocketed judgments 

 of which he had notice, but it is expressly provided by the late acts 

 that the judgment creditor shall not take advantage of the extended 

 remedies unless the judgment be duly registered according to their 

 provisions. The necessity for searching for judgments on the transfer 

 of property is also greatly reduced, for the 2 & 3 Viet. c. 11, requires 

 all judgments to be re-registered every five years from the date of the 

 last registry, otherwise they are to be considered as void against pur- 

 chasers, mortgagors, and creditors; and by the act 18 & 1!) Viet. 

 c. 15, s. 5, notice of any judgment not duly re-registered will not avail 

 t purchasers, mortgagors, or creditors. The provisions for regis- 

 tration, it must however be remembered, refer to the remedies which 

 the judgment creditor may have against purchasers for valuable con- 

 sideration with notice ; but as between the creditor and the debtor, or 

 his representatives or volunteers, the judgment remains in full effect 

 until twenty years from the time of entering up or last revival. The 

 position in general of judgment creditors among themselves before the 

 late acU depended on the time when they respectively sued out execu- 

 tion ; I, ut in a suit for the general administration of assets the judg- 

 IH took priority according to the time of entering up their 

 judgments. Now as they are entitled to such remedies in equity as if 



Utor h.i'l by writing charged his land, they take priority in 



I of their judgments from the times of registration. It has been 



questioned whether a subsequent judgment creditor without notice 



having nued out his writ of elegit is not entitled to priority over an 



>1(; mortgagee, but the point lias been decided in favour of the 



upon Hi. principle, that although the judgment creditor by his 



writ of clcifit obtained posseiwioii of the legal estate, and thereby in 



under the ordinary rules, could claim a priority to a prior 



i.l incurnbrance of which he had no notice, yet that the legal 



AKT8 AKD SCI. DIV. VOL. V. 



estate which the creditor obtains under an elegit is only such a one as 

 the debtor himself had power to grant, and therefore liable to all prior 

 equities. (Whitworth r. Gaugain, 3 Hare, 461.) 



By these statutes judgments of the courts of the counties Palatine 

 of Lancaster and Durham are to have the same effect as judgments of 

 the superior courts of Westminster. But no judgment of those courts 

 is to affect lands in the hands of purchasers, mortgagors, or creditors, 

 unless a memorandum of such judgment be left with the prothonotary 

 or proper officer, who is to register the same in a book kept for the 

 purpose. 



Judgments or rules or orders of inferior courts of record, in which a 

 barrister of not less than seven years' standing shall preside, may receive 

 the same effect as those of a superior court by a judge's order to remove 

 them into a superior court. But until execution be actually sued out. 

 they will not affect lands in the hands of purchasers, mortgagors, or 

 creditors, except so far as they would affect them as judgments of an 

 inferior court. 



In criminal proceedings, after trial the defendant can move in arrest 

 of judgment at any time before judgment is pronounced, but this can 

 only be done upon error appearing on the face of the record, and no 

 motion of this sort can be made in the defendant's absence unless a 

 verdict is found in which the jury reserve a point for the consideration 

 of the court. After the judgment is recorded, a writ of error is 

 necessary before it can either be reversed or altered. Formerly no 

 judgment affecting the liberty of the individual could be pronounced 

 in his absence, but this has been altered by the 11 Geo. IV. and 

 1 Win. IV. c. 70, which enacts that upon trials for felonies or mis- 

 demeanours judgment may be pronounced whether the person all'ected 

 be present or absent, except only in such cases of information as are filed 

 by leave of the Court of Queen's Bench, or in cases of information filed 

 by the attorney-general, where he prays that j udgment may be postponed. 

 The judgment of the court extends to the life and liberty of the 

 offender according to punishment decreed to the offence against which 

 the judgment is delivered. In some cases it extends to the compen- 

 sation by forfeiture of the lands or goods, or both, of the offender ; 

 others induce a disability of holding offices, or fix a lasting stigma on 

 the offender ; and a large proportion are merely pecuniary by stated or 

 discretionary fines. 



On the subject of judgments see Chitty's ' General Practice ; ' Stephen, 

 ' On the Principles of Pleading in Civil Actions ; ' Sugden's ' Vendors 

 and Purchasers ; ' Prideaux, ' On the Law of Judgments as they affect 

 Real Property." 



JUDICIAL COMMITTEE. [DELEGATES, COURT OF ; PBIVV 

 COUNCIL.] 



JUDICIAL SEPARATION. [SEPARATION, JUDICIAL.] 



JUDICIARY. [COURTS.] 



JUDITH, an apocryphal book of the Old Testament, contains an 

 account of the invasion of Syria and Judaea by Holofernes, general of 

 Nabuchodonosor, king of the Assyrians, and particularly of the siege of 

 Bethulia, a town in Judaea ; and of the destruction of the Assyrian 

 army, and of the death of Holofernes through the courage and strata- 

 gem of Judith, the widow of Manasses, and an inhabitant of Bethulia. 

 The historical and geographical difficulties of this book are so great, 

 and its narrative so improbable, that a great number of critics are 

 disposed to consider it as a religious romance, probably written in the 

 time of the Maccabees, to encourage the Jews in their struggles against 

 the Syrian monarchs. Grotius considers it an allegory, written in the 

 tune of Antiochus Epiphanes ; and that " by Judith is meant Judaea ; 

 by Bethulia, the temple or house of God ; and by the sword which 

 went out from thence, the prayers of the saints ; that Nabuchodnosor 

 denotes the Devil ; and the kingdom of Assyria the Devil's pride," &c. 

 Montfaucon (' La Verit<5 de 1'Histoire de Judith '), Huet (' Dem. ev. 

 Prop.,' iv., p. 366), and Prideaux (' Connection,' vol. i., pp. 65-74), 

 maintain, on the contrary, that it is a true history. Prideaux considers 

 Nabuchodnosor to be the same person as Saosduchinus, the son of 

 Esarhaddon, and grandson of Sennacherib ; and Arphaxad, who is 

 represented in Judith as the king of Media, to be only another name 

 for Deioces. But in opposition to this, it should be remarked that 

 there are many passages in the book which refer to a time subsequent 

 to the Babylonian captivity. Josephus, also, who seldom neglects an 

 opportunity of extolling the valour of his countrymen, takes no notice 

 of this story. 



The book of Judith was originally written in Chaldee, from which 

 it was translated into Latin by Jerome. It was also translated into 

 Greek and Syriac. The English translation in the authorised version 

 was made from the Greek, and differs in many respects from the 

 translation of Jerome, which is still extant in the Latin Vulgate. 



There is a great similarity between the history of Judith and a tale 

 which Quintus Curtius tells us respecting the death of Spitamenea 

 (viii. 3). 



(The Introduction of Eiohhom, Jahn, Do Wette, Bertholdt, and 

 Home.) 



JUGGERNAUTH, or more correctly Jagannatha, though probably 

 v relic of Buddhism, is a comparatively modern idol, of whom the 

 worship dates from a little before the Christian era. Jagannath, the 

 lord of the world, is believed to be an incarnation of Vislinu, who 

 under this name, with the assistance of his brothers Bala-Rama and 

 Krishna, conquered Bahar. These incarnations, however, are very con 



c 



