Lord Chancellor was authorized to appoint commissioners to deal as they might think fit with the body and property of bankrupts; and by this statute the law of bankruptcy was restricted to traders. By 4 Anne, c. 17, and 10 Anne, c. 15, provision was made for relieving a debtor of his debts, &c., upon his surrendering to the commission and conforming with the directions of the bankruptcy law. The bankrupt was enabled then to obtain a certificate from the commissioners, with the consent of the creditors, which discharged him from debts, &c., owing by him at the time of his bankruptcy. By 6 Geo. IV. c. 16, the previous enactments relating to bankrupts were consolidated and amended. By this statute was first introduced the principle of deeds of arrangement, by which the property of an insolvent trader was made available for the common benefit of his creditors without the debtor incurring the odium of bankruptcy, but the assent of all the creditors was necessary. Under this Act, as before, trustees, commonly called "assignees," were chosen and appointed by the creditors, and to these trustees or "assignees," the bankrupt's property was assigned by the commissioners, under powers vested in them for that purpose (u). By 1 & 2 Will. IV. c. 56, official assignees were introduced, and substituted for those hitherto chosen by the creditors, and a Court of Bankruptcy was instituted. This statute also abolished the necessity for a deed of assignment of the bankrupt's property by the commissioners to the assignees, and caused all the debtor's estate to vest in the official assignees by virtue of their appointment (v). By a statute passed in 1844 (7 & 8 Vict. c. 70) arrangements for composition and liquidation, between the debtor and a majority of the creditors, were greatly (u) 5 Geo. II. c. 30. () Robson, Bankruptcy, Intro. facilitated and made binding, subject to certain conditions. But this Act only applied to traders. Further provisions were made by the Bankrupt Law Consolidation Act, 1849 (12 & 13 Vict. c. 106, s. 224), and ultimately by the Act of 1861, which applied to all debtors, whether traders or not, other provisions were made. The Bankruptcy Act, 1861 (24 & 25 Vict. c. 134) enacted that every deed or other instrument by which a debtor, not being a bankrupt, conveyed or agreed to convey his effects and estate, or the main part thereof, for the benefit of his creditors, or made any arrangement for dealing generally with his affairs, &c., &c., should be registered in the Court of Bankruptcy within twentyeight days (w). Deed must be duly stamped (x), and a memorandum of registration indorsed thereon (y). But this Act was repealed in 1869 (z), and the assignment for benefit of creditors dealt with in the Bankruptcy Act, 1869 (32 & 33 Vict. c. 71), by which Act such an assignment was treated as an act of bankruptcy (a). But that Act regulated the liquidation by arrangement of the affairs of a debtor, without proceedings in bankruptcy, and provided for the acceptance of a composition, in satisfaction of the creditor's claims (b). The Act of 1869 has been repealed, and all matters · relating to bankruptcy are now governed by and contained in the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52) as principally amended by the Act of 1888 (51 & 52 Vict. c. 62) and the Act of 1890 (53 & 54 Vict. c. 71), and in the Bankruptcy Rules, 1886 (c), made in conformity with the Act of 1883 (d). The assignees in bankruptcy were formerly empowered to sue for debts owing to the debtor in their own names (w) 24 & 25 Vict. c. 134, ss. 192, 194. (x) Id. s. 195. (y) Id. s. 196. (z) By 32 & 33 Vict. c. 83. (a) 32 & 33 Vict. c. 71, s. 6, par. (1). (b) Id. ss. 125, 126; and Bankruptcy Rules, 1870, rr. 252, 253, 315. (c) W. N. 30th Oct. 1886, Supplement. (d) 46 & 47 Vict. c. 52, s. 127. for the benefit of creditors (e). And by the Bankruptcy Act of 1883, the property of a bankrupt vests in the trustees in bankruptcy, as has been stated, and in that Act "property" is expressly stated to include choses in action (f). For further references see foot-note (g). County Debentures.-By the County Debentures Act, 1873 (36 & 37 Vict. c. 35), it is enacted : at Any person entitled to any nominal debenture may any time transfer his interest therein to any other person, by deed duly stamped, and every such transfer may be according to the form in the Schedule to this Act or to the like effect, and may either be indorsed on the debenture or be made by a separate deed" (h). Such transfer must be registered by an entry thereof in the register for that purpose of the county authority; and transferee has no claim in respect of the debenture until such entry is effected (i). Judgments by Cognovit (Ireland).-By two Irish statutes, 9 Geo. II. c. 5, and 25 Geo. II. c. 14, conusees of judgments were permitted to assign them, and the assignees were allowed to sue in their own names. Statute 9 Geo. II. c. 5, after reciting that judgments, statutes staple, and statutes merchant are frequently assigned for valuable considerations and to protect the purchase of estates, but are no more than equitable securities in the hands of the assignees, and that assignees of such judgments, &c., as the law then stood, could not revive or discharge the same in their own names, but in the name of the conusees of such judgments, &c., or their representatives, which was often (e) 12 & 13 Vict. c. 106, s. 141; 32 & 33 Vict. c. 71, ss. 4, 15, 22, 83. (f) 46 & 47 Vict. c. 52, s. 168. (g) Id. ss. 50 (1)—(4), 52, 53, 83, 43 (amended by 53 & 54 Vict. c. 71, s. 20). See, also, (h) 36 & 37 Vict. c. 35, s. 13. attended with very great inconveniences, and the conusee might, after such assignment, enter satisfaction on the record of such judgments, &c., without the knowledge or consent of the assignee, it enacts: "That where any conusee or conusees of a judgment or judgments, statute staple or statute merchant, his, her, or their executors or administrators shall assign the same, such conusee or conusees, his, her, or their executors or administrators shall also perfect a memorial of such assignment," with such formalities as therein are mentioned (j). "That after such memorial enrolled, such assignee or assignees, and no others, may, in their own names, revive such judgment, statutes, &c., and take out execution, discharge the same, and enter satisfaction on the record; and that the conusor or conusors of such judgment, &c., his, her, or their executors, administrators, or assigns may, upon payment to such assignee or assignees, plead payment specially to such assignee or assignees" (k). The statute 25 Geo. II. c. 14, explained and amended the former Act, and enacted "that every assignee of every judgment, &c., his, her, or their executors, administrators, or assigns may also bring an action of debt or otherwise proceed or sue thereon, in his, her, or their own name or names, and be considered to all intents and purposes in the place, stead, and condition, either in law or equity, of the assignor or assignors" (7). And by virtue of the above enactments it has been held, that the assignee of an Irish judgment by cognovit may sue in this country in his own name (m). (j) 9 Geo. II. c. 5, s. 1. (k) Sect. 2. (1) 25 Geo. II. c. 14. (m) O'Callaghan v. Thomond [1810], 3 Taunt. 82. 140 Book III. ASSIGNABILITY OF CHOSES IN ACTION SINCE THE JUDICATURE ACT, 1873. CHAPTER I. WHAT CHOSES IN ACTION ARE WITHIN THE ACT. HAVING dealt with the assignability of choses in action at common law, and in equity, and by virtue of various statutory enactments prior to the operation of the Judicature Act, 1873 (36 & 37 Vict. c. 66), we now proceed to consider what changes have been wrought by that Act in respect of the assignability of things in action, what choses in action are affected thereby, what are the requisites of an assignment thereunder, and what consequences ensue from failure to comply there with. It is provided by the Supreme Court of Judicature Act, 1873, that: Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law (subject to all equities which would have been |