(m) Jack d. Rennick v. Armstrong, 1 Hud. & B. 727 ; Fury v. Smith, ib. 735 : both cases on the Irish Registry Act; 2 Dart, V. & P. 855, 856, 5th ed. ; 963, 964, 6th ed. ; 871, 872, 7th ed.

(n) Doc d. Robinson v. Allsop, 5 B. & A. 142.

(o) Le Neve v. /.. Neve, Amb. 436; 2 White & Tudor L. C. Eq. As a rule, actual notice of a previous unregistered assurance was necessary to deprive a purchaser of the benefit of registration : Wyatt v. Barwell, 19 Ves. 135. He would not lose his priority through not making investigations or inquiries for unregistered documents: Agra Bank, Limited v. Barry, L. R. 7 H. L. 135 ; Lee v. Clutton, 45 L. J. Oh. 43, 46 L. J. Ch. 48. But if his solicitor or agent had actual notice, such notice would be imputed to him: Holland v. Hart, L. R. 6 Ch. 678. Registration of an assurance is not of itself equivalent to notice thereof: Morecock v. Dickins, Amb. 678 ; Re Russell Road Purchase Mot L. R. 12 Eq. 78, 83. But if one search in the register, he is affected with notice of registered assurances: Bushell v. Bushhell, 1 Sch. & Lef. 90, 103 ; Hodgson v. Dean, 2 Sim. ft Stu. 221, 225 ; Procter V. Cooper, 1 Jur. N. S. 149.

(p) Warburton v. Loveland, 2 Dow & C. 480. where a woman entitled to a term of years settled it on her marriage by unregistered assurance, and it was held that this settlement must be postponed to a registered assignment of the term by her husband to a purchaser.

Wills.

(q) 2 Dow & C. 495.

(r) Assuming, it is presumed, that the will was duly registered: see Dart, V. & P. 683, 684, 5th ed., 772, 6th ed.; 701, 7th ed. The rule subsequently laid down by Mr. Dart and his editors (p. 855, 5th ed., 963, 6th ed.; 871, 7th ed.), that a purchaser under an unregistered conveyance can only be disturbed by a purchaser from the first grantor or parties taking under him by act in law, does not appear to be quite accurately expressed, as a devisee is the testator's assign.

(s) That is, if the testator died in Great Britain. Three years were given for registration from the death of a testator dying upon or beyond the seas. In case of an impediment to the registration of the will, a memorial of the impediment might be registered and the will might be registered within six months after the removal of the impediment. See stats. 7 Anne, c. 20, ss. 1, 8, 9; 2 & 3 Anne, c. 4, ss. 1, 20, 21; 6 Anne, c. 35, ss. 1,

14, 15, 34; 8 Geo. 2, c. 6, ss. 1,

15, 16; Chadwick v. Turner, 34 Beav. 634, L. R. 1 Ch. 310.

(t) 2 Dart, V. & P. 682, 683, 5th ed.; 771, 772, 6th ed.; 701, 7th ed.

(«) Stat. 37 & 38 Vict. c. 78, s. 8.

The Yorkshire Registries Act, 1884 (y), provides that all assurances (as defined in the Act) (z) affecting lands in Yorkshire map be registered under the Act, and that all assurances entitled to be registered under this Act shall have priority according to the date of registration (a), and that all priorities given by this Act shall have full effect in all Courts, except in cases of actual fraud, and all persons claiming thereunder any legal or equitable interests shall be entitled to corresponding priorities, and no such person shall lose any such priority merely in consequence of his having been affected with actual or constructive notice, except in cases of actual fraud (b). This Act appears to have the same effect as the Acts which it repealed (c), with respect to the operation of conveyances inter vivos at law (d); but to abolish the doctrine as to notice applied in equity to the old Acts (e). Under the Act of 1884 (f), wills of lands in Yorkshire shall have priority according to the date of the testator's death, if registered or entitled to rank as registered, within six months thereafter (g); and if registered later, according to the date of registration. But the Act provides (h) for the registration within six months after a landholder's death of an affidavit of his intestacy, and gives priority, where such an affidavit has been registered, to any duly registered assurance for valuable consideration by any person entitled to execute the same in case of such intestacy, over any will of the supposed intestate which shall be subsequently registered, and shall not be entitled to rank as registered within six months after the testator's death.

Yorkshire Registries Act, 1884.

(x) Girling v. Girling, W. N.

1886, p. 18.

(y) Stat. 47 & 48 Vict. c. 54, ss. 4, 14, as amended by 48 & 49 Vict. c. 26, s. 4.

(z) By stat. 47 & 48 Vict. c. 54, s. 3, in this Act, unless the context otherwise requires, the expression assurance shall include any conveyance, enlargement of term into fee simple, memorandum of charge, deed of consent to the discharge of a trustee, statutory receipt, private Act of Parliament, award or order of the Land Commissioners, order of a Court, certificate of appointment of a trustee in bankruptcy, or affidavit of vesting under any Act of Parliament: and the ex-pressions conveyance (which is confined to certain conveyances made by deed), enlargement of term into fee simple, memorandum of charge, statutory receipt, award or order of Land Commissioners and order of a Court which includes writ of execution and adjudication in bankruptcy), are also elaborately interpreted. The powers of the Land Commissioners were in 1889 transferred to the Board of Agriculture; see above, pp. 146, n. (k), 147, n. (q). 152. By sect. 7 of the Act, the charge given by a vendor's lien or a deposit of title deeds is required to be accompanied by a registered memorandum in order to give priority over subsequent registered assurances for valuable consideration. It has been held that a written memorandum of a contract for the sale of laud in Yorkshire, subject to the conditions implied by law that the vendor shall show a good title and convey on acceptance of the title, and payment of the price, is not an assurance within the meaning of this Act: Rodger v. Harrison, 1893, 1 Q. B. 161.