{"id":"judgments-act-1855-imp","name":"Judgments Act 1855 (Imp)","slug":"judgments-act-1855-imp","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30728,"registerId":"wa-judgments-act-1855-imp-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judgments Act 1855 (Imp)","content":"![Crest]()Western Australia\n\nJudgments Act 1855 (Imp)\n\nWestern Australia\n\nJudgments Act 1855 (Imp)\n\nContents\n\n11. Legal estate vested in purchaser or mortgagee not to be taken in execution 2\n\n12. Life annuities and rentcharges not to affect lands as to purchasers, etc., until memorandum left with senior master 3\n\n13. Searches may be made by parties themselves 4\n\n14. Annuities, etc., given by will excepted from Act 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nJudgments Act 1855 (Imp)\n\nAn Act for the better Protection of Purchasers against Judgments, Crown Debts, Cases of Lis Pendens, and Life Annuities or Rentcharges. 2\n\nPreamble\n\nWhereas an Act of Parliament was passed in the session of the first and second years of Her Majesty, intituled ‘*An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for amending the Laws for the Relief of Insolvent Debtors in England*’3;\n\nand another Act in the session of the second and third years of Her Majesty, intituled ‘*An Act for the better Protection of Purchasers against Judgments, Crown Debts, Lis Pendens, and Fiats in Bankruptcy*’4;\n\nand another Act in the session of the third and fourth years of Her Majesty, intituled ‘*An Act for further amending the Act for abolishing Arrest on Mesne Process in Civil Actions*’5:\n\nAnd whereas the provisions of the said Acts respecting judgments, decrees, orders, and rules, and *lis pendens*, ought to include and be applicable to the Counties Palatine of Lancaster and Durham, and the common law and equity courts thereof respectively:\n\nAnd whereas an Act was passed in the session of the thirteenth and fourteenth years of Her Majesty, intituled ‘*An Act to amend the Practice and Proceedings of the Court of Chancery of the County Palatine of Lancaster*,’ 7by force whereof the said provisions do to some extent include and are applicable to the County Palatine of Lancaster, as far as regards the Courts of Chancery thereof:\n\nBe 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:\n\n[**1-8.** Deleted: No. 59 of 2004 s. 20(g).]\n\n[**9.** Deleted: No. 14 of 2025 s. 4(1)(h).]\n\n[**10**. Repealed in WA by 34 Vict. No. 21 s. 23.] 7\n\n##### 11. Legal estate vested in purchaser or mortgagee not to be taken in execution\n\nAnd whereas great delay and expense are occasioned upon purchases and mortgages of lands in consequence of judgments against mortgagees and Crown debts and liabilities to the Crown of mortgagees continuing to bind lands, although the mortgagees have been *bonâ fide* paid off, and the lands have been actually conveyed to purchasers, or to other mortgagees:\n\nFor remedy whereof, be it enacted as follows: Where any legal or equitable estate or interest or any disposing power in or over any lands, tenements, or hereditaments shall, under any conveyance or other instrument executed after the passing of this Act, become vested in any person as a purchaser or mortgagee for valuable consideration, such lands, tenements, or hereditaments shall not be taken in execution under any writ of *elegit*, or other writ of execution, to be sued upon any judgment, or any decree, order, or rule against any mortgagee or mortgagees thereof, who shall have been paid off prior to or at the time of the execution of such conveyance, nor shall any such judgment, decree, order, or rule, or the money thereby secured, be a charge upon such lands, tenements, or hereditaments so vested in purchasers or mortgagees, nor shall such lands, tenements, or hereditaments so vested in purchasers or mortgagees be extended or taken in execution, or rendered liable under any writ of extent or writ of execution or other process issued by or on behalf of Her Majesty, her heirs or successors, in respect of any judgment, statute, or recognizance obtained against or entered into by, or inquisition found against, or obligation or specialty made by, or acceptance of office by any mortgagee or mortgagees, whereby he or they hath or have become or shall become a debtor or accountant, or debtors or accountants to the Crown, where such mortgagee or mortgagees shall have been paid off prior to or at the time of the execution of such conveyance as aforesaid.\n\n##### 12. Life annuities and rentcharges not to affect lands as to purchasers, etc., until memorandum left with senior master\n\nAnd whereas by reason of the repeal in the last session of Parliament of the Act of the fifty-third year of King George the Third, chapter one hundred and forty-one, requiring the enrolment of life annuities or rentcharges, purchasers are no longer enabled to ascertain by search what life annuities or rent charges may have been granted by their vendors or others:\n\nBe it therefore enacted by the authority aforesaid as follows: Any annuity or rentcharge granted after the passing of this Act, otherwise than by marriage settlement, for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives, shall not affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name, and the usual or last known place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the date of the deed, bond, instrument, or assurance whereby the annuity or rentcharge is granted, and the annual sum or sums to be paid, shall be left with the senior master of the Court of Common Pleas at Westminster, who shall forthwith enter the particulars aforesaid in a book in alphabetical order by the name of the person whose estate is intended to be affected by the annuity or rentcharge, together with the year and the day of the month when every such memorandum or minute is so left with him, and he shall be entitled for every such entry to the sum of two shillings and sixpence, and all persons shall be at liberty to search the same book, together with the other books or registers in the office, on payment of the sum of one shilling.\n\n##### 13. Searches may be made by parties themselves\n\nThe searches of the several registers, by the said recited Acts or by this Act authorised to be made for the sum of one shilling, may be made by the parties themselves, under proper regulations in the office, and the sum of one shilling only shall be payable on one search, although more names than one shall be searched for where such names relate to the same purchase, mortgage, or other transaction.\n\n##### 14. Annuities, etc., given by will excepted from Act\n\nThe provisions of this Act shall not extend to require the registry of annuities or rentcharges given by will.\n\nNotes\n\nThis is a compilation of the *Judgments Act 1855 (Imp)* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Judgments Act 1855 (Imp)* | 1855 (18 and 19 Vict. c. 15) | 26 Apr 1855 | 15 Jul 1867 (adopted by *Imperial Acts Adopting Ordinance 1867*) |\n| *The Debtors Act 1871* s. 23 | 1871 (34 Vic. No. 21) | 13 Jan 1871 | 13 Jan 1871 (see s. 2) |\n| **Reprinted as at 26 Oct 1999** | | | |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 20(1)(g) | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128)) |\n| *Statutes (Repeals and Minor Amendments) Act 2025* s. 4(1)(h) | 14 of 2025 | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) |\n\n\n1 Adopted in WA by *Imperial Acts Adopting Ordinance 1867*.\n\n(31 Vict. No. 8) [Assent 15 July 1867]\n\n2 The short title *Judgments Act 1855* was given to this Imperial Act by the *Short Titles Act 1896 (UK)*.\n\nFor other information about this Imperial Act see *Halsbury's Statutes of England*, Second Edition, Vol 13 p 380.\n\n3 I.e. *Judgments Act 1838* (Imp) (1 & 2 Vict. c. 110) which is also adopted in WA and reproduced in this part of this publication.\n\n4 I.e. *Judgments Act 1839* (Imp) (2 & 3 Vict. c. 11) which is also adopted in WA and reproduced in this part of this publication.\n\n5 I.e. *Judgments Act 1840* (Imp) (3 & 4 Vict. c. 82) which is also adopted in WA and reproduced in this part of this publication.\n\n6 I.e. 13 & 14 Vict. c. 43.\n\n7 I.e. repealed in so far as it was part of the law of WA by the *Debtors Act 1871* (34 Vict. No. 21) s 23 [Assent 13 January 1871; Commencement 1 April 1871].\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has been significantly reduced in scope through successive deletions and repeals. Sections 1-8 were deleted in 2004, section 9 was deleted in 2025, and section 10 was repealed in 1871. What remains is essentially a shell protecting purchasers from execution on paid-off mortgages (s. 11) and a registration system for life annuities (ss. 12-14). The original Act was broader, covering Crown debts, lis pendens (pending litigation), and bankruptcy fiats. The current version is a narrow remnant focused on execution protection and annuity registration."},"complexity_factors":["Victorian-era drafting style with lengthy, convoluted sentence structures (e.g., section 11 is one sentence of approximately 200 words)","Extensive use of obsolete legal terminology (e.g., 'writ of elegit', 'writ of extent', 'hereditaments', 'bonâ fide', 'lis pendens')","Multiple cross-references to repealed Imperial Acts in the preamble (Judgments Acts 1838, 1839, 1840)","Conditional logic requiring careful parsing of temporal relationships ('prior to or at the time of the execution of such conveyance')","Specific procedural requirements for registration with precise fee structures (2 shillings 6 pence for entry, 1 shilling for search)","Most original sections (1-10) have been deleted or repealed, leaving only a fragment of the original Act","Dual application as both Imperial and adopted Western Australian law creates jurisdictional complexity"],"plain_english_summary":"This is an old British law from 1855 that was adopted into Western Australian law in 1867. It protects people who buy property or lend money secured by property (mortgagees) from losing their land due to old debts or court judgments against previous owners.\n\n**What it does:**\n- **Protects purchasers and mortgagees**: If you buy land or take a mortgage after the previous mortgage has been paid off, you are protected from having the land seized to pay the old mortgagee's debts or Crown (government) debts.\n- **Registers life annuities and rentcharges**: People who create life annuities or rentcharges (regular payments charged against land) must register details with a court official. Until they do, buyers and lenders aren't bound by these charges.\n- **Allows public searches**: Anyone can search the registers to check if property is affected by judgments or annuities.\n\n**Key protections:**\n- Land conveyed to a new purchaser or mortgagee cannot be taken by court order (*writ of elegit* or other execution) to satisfy judgments against a previous mortgagee who has been paid off.\n- Crown debts against previous mortgagees don't attach to the land once it's been transferred to a new purchaser or mortgagee.\n- Life annuities and rentcharges don't affect land unless registered with the senior master of the Court of Common Pleas (with specific details including names, amounts, and dates).\n\n**Exceptions:**\n- Annuities given by will (testamentary annuities) don't need to be registered.\n- Marriage settlements are exempt from the registration requirement for annuities.\n\n**Why it matters:**\nThis law gives certainty to property buyers and mortgage lenders. Without it, you could buy land only to find it seized later to pay off debts you knew nothing about. It ensures that once you buy property or take a mortgage, you're generally safe from the previous owner's financial troubles."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Western Australian compilation preserves the core purpose of the original Imperial Judgments Act 1855 — protecting purchasers/mortgagees from prior judgments and creating a notice/registration rule for life annuities and rentcharges. The local compilation has removed or repealed earlier sections, narrowing the active text rather than expanding it. In other words, the surviving provisions operate within the Act’s original legal purpose rather than significantly growing its scope; later deletions and local repeals have reduced or localised application rather than broadened it."},"complexity_factors":["Only four operative substantive sections in the current WA compilation (ss 11–14)","Uses established legal concepts (writ of elegit, writ of extent, lis pendens) that require background legal knowledge but are not heavily defined in the Act","Conditional rules tied to timing (e.g. mortgagee must have been paid off prior to or at conveyance) create small but important factual inquiries","Registration procedure specified in a single central office (senior master, Court of Common Pleas at Westminster) — introduces cross‑jurisdictional implementation questions","Specific exceptions and limitations (marriage settlements excepted; wills excluded) add discrete branching points","Several earlier sections deleted or repealed — users must check compilation and later statutes to know which parts remain operable"],"plain_english_summary":"This Act narrows surviving Judgments Act rules to protect bona fide purchasers and new mortgagees: if an earlier mortgagee was paid off before or on conveyance, judgments, Crown debts and executions against that earlier mortgagee generally won’t attach to the land. It also requires a short registered memorandum for post‑Act life annuities and rentcharges to bind later buyers.\n\nResult: clearer, cheaper title for purchasers and mortgagees; registration and fee burdens for annuity holders and reduced land remedies for creditors."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/judgments-act-1855-imp","history":"/api/acts/judgments-act-1855-imp/history","analysis":"/api/acts/judgments-act-1855-imp/analysis","conflicts":"/api/acts/judgments-act-1855-imp/conflicts","importantCases":"/api/acts/judgments-act-1855-imp/important-cases","documents":"/api/acts/judgments-act-1855-imp/documents"}}