"An Act for obtaining a declaration of title;" and (iii.) 38 & 39 Vict, c. 87, "The Land Transfer Act, 1875," which latter Act supersedes 25 & 26 Vict. c. 53, while 25 & 26 Vict. c. 67, though seldom resorted to, does not appear to have been repealed. The Act of 1875 deals separately with freehold and leasehold property and affects any lands of freehold tenure as distinguished from copyhold. The proceedings to obtain an absolute, that is an indefeasible title under this Act, will be much more easy and simple than those which were necessary to obtain one under the Act of 1862. For the 1st section of the Vendor and Purchaser Act, 1874, substitutes forty years for sixty years as the root of title in ordinary cases, and the effect of sect. 17, sub-sect. 3 of this Act is to give the registrar the widest possible discretion in the investigation of title, and to substitute a "holding" for a "marketable " title, as one that may be registered as absolute or indefeasible. The 4th sub-section of the same section, which is similar to the second rule of sect. 2 of the Vendor and Purchaser Act, 1874, makes recitals of twenty years old evidence. The fact too, that "the boundaries or extents of the registered land" are not to be guaranteed renders it unnecessary to have any perambulation of boundaries or public survey, and the notice of the application for registration may now be given by advertisements as soon as the application is lodged, instead of waiting, as provided by the Act of 1862, sect. 11, until the title is approved of and settled for registration. The result will be a great diminution of cost and time in proceedings for obtaining an absolute title. The Act of 1862 required all equities to be entered on the register, but under the present Act equities are to be excluded therefrom, but are to be protected as mentioned in sect. 49. Under the Act of 1862, the marking of the deeds with notice of registration was imperative; under sect. 72 of the present Act it is imperative only that the registrar should be satisfied that the registration "cannot be concealed from a purchaser or other person dealing with the land."

END OF VOL. I.

BOOK II.-PART II.

CHAPTER I.

THINGS PERSONAL AND THE PROPERTY IN THEM.

Define "things personal," and state by what other name they are known, and what, according to Stephen, they comprise.

"Things personal" fall under the more general denominations of chattels, or goods and chattels. Chattels, including chattels real and chattels personal.

"Things personal" include only movables and the rights connected with them.

What do movables consist of?

(i.) Inanimate things; (ii.) vegetable productions; (iii.) animals, the latter of which are subdivided into (1) feræ, and (2) domitæ naturæ.

How may a man be invested with a special property in animals feræ naturæ ?

(i.) Per industriam, by (1) reclaiming; (2) confining them. It must also be remembered that they are (i.) partly of the realty, and descend to the heir; (ii.) they are only his property so long as they continue in his possession, unless they have animum revertendi; (iii) they are protected by law.

(ii.) Propter impotentiam, on account of their own inability, as in the case of the young of birds who have built in a man's trees.

(iii.) Propter privilegium, a special privilege in game, so long as they remain on his property.

What are incorporeal chattels, and what do they include ?

They are the rights incident to corporeal chattels. They include (i.) patent right; (ii.) copyright.

How may property in chattels personal arise? Give definitions. It arises either (i.) in possession (i.e., when a person has the actual enjoyment of a thing), or (ii.) in action.

The former is again subdivided into two kinds—(i.) absolute; (ii.) qualified.

Absolute property is where a man has such an exclusive right in the thing that it cannot cease to be his without his own act or default.

Qualified is such as is not in its nature permanent, but may sometimes subsist, and at other times not subsist. It arises (i.) where the subject is incapable of absolute ownership, as in the case of animals feræ naturæ; (ii.) from the peculiar circumstances of the owners, as in cases of a bailment, finding, &c.

Has the finder of an article, which has been lost, any, and what property therein, and under what circumstances, if any, is he entitled to maintain an action in respect of such article?

The finder has a special property defeasible upon discovery of the right owner, but in the meantime valid against the rest of the world; and, therefore, against every one else he has a right to maintain an action in respect thereof.

What is the nature of the interest in property of a person who "finds" a chattel? and give the case on the point as quoted by Stephen.

For the first part of the question see last answer. The case is Armoury v. Delamirie, Str. 505, referred to in a foot note.

Define, and give an illustration of a chose in action.

A chose in action as opposed to a chose in possession is where the man has not the actual or constructive occupation of the thing, but only the right to it, arising upon some contract, and recoverable by an action at law, as in the case of money due on a bond.

What is the distinction between a chose in action and a chose in possession? and give illustrations.

See last answer.

To what distinctions are personal chattels subject?

(i.) As to quantity of interest (1) may be absolute, or (2) for life, or (3) for years only.

(ii.) As to time of enjoyment may be (1) in possession or (2) in remainder created by deed or will.

(iii.) As to the number of the owners may be (1) in joint tenancy, and (2) in common; and it must be remem

bered that personal property may be converted (1) to the use; (2) upon trust for another.

Can a man, either by deed or will, limit his books or furniture to A. for life, with remainder to B., and has the doctrine against perpetuities any, and, if so, what application to personal chattels?

He can, but it seems open to doubt whether a limitation by deed would be valid at law without the intervention of trustees.

The doctrine against perpetuities applies equally to both personal chattels and real estate. So also does the Thellusson Act (39 & 40 George III., c. 98), as to accumulation of income.

H

CHAPTER II.

THE TITLE TO THINGS PERSONAL.-TITLE BY OCCUPANCY.

Mention the six various means by which, according to Stephen, things personal may be either acquired or lost.

(i.) By occupancy; (ii.) invention; (iii.) gift and assignment; (iv.) contract; (v.) bankruptcy; (vi.) will and administration. In what various methods may goods be acquired by occupancy? (i.) By seizing the goods of an alien enemy subject (1) to the consent of the Crown; and (2) to property brought into this country after declaration of war without a passport.

(ii.) In the case of animals feræ naturæ (1) on land (subject to the game laws), and if they are reclaimed or confined, they become, if alive, the qualified, if dead, the absolute property of the captor; (2) in the sea.

(iii.) By accession; as regards accession by breeding animals, the maxim is Partus sequitur ventrem.

(iv.) By intermixture and confusion of goods, which, if done by consent, creates an interest in common pro ratâ; otherwise if (1) the goods are not distinguishable; (2) the quality is not uniform; or (3) the quantity not known, they remain the property of the person who has not interfered in the confusion.

CHAPTER III.

TITLE BY INVENTION.

What is a patent right?

A privilege granted by letters patent from the Crown to the first inventor of a new contrivance in manufacture to benefit by it for any certain period.

What are the only circumstances under which letters patent will be granted, and for how long?

(i.) It must be a manufacture.

(ii.) New within the realm.

(iii.) The grantee must be the true and first inventor in this

country.

(iv.) The grant must not exceed fourteen years.

(v.) It is an act of royal favour.

How are letters patent obtained?

By petition supported by declaration of the petitioner's being the true and first inventor, and that the manufacture is not in use in this country. The above are left with the Commissioners of Patents, with a provisional or complete specification of the manufacture. The advertisements are issued, and particulars of objection, if any, are lodged; then, the proper time having elapsed, a warrant is sealed by the Commissioners for the sealing of the letters patent, which are thereupon sealed by the Lord Chancellor, and the specification filed in the Chancery Division of the High Court.

May a patent right be assigned; if so, in what way?

It may (i.) by deed; or (ii.) the patentee may grant deeds of licence to use the patent without parting with his interest.

May the period of fourteen years be extended, and how is the application made?

Yes, for a further period not exceeding fourteen years, by petition to the Crown, duly advertised and presented within six months before the expiration of such original fourteen years. Any person may enter a caveat" against the extension.

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What remedies has an inventor if his patent right be infringed? (i.) By action for damages; (ii.) by injunction, with an account of profits; and (iii.) by 5 & 6 Will. IV. c. 83, s. 7, a person using the name, stamp, or mark of a patentee is to forfeit £50 for every offence.

How can an application for damages for an infringement be resisted?

By showing

(i.) That there has been no infringement.

(ii.) The patent was invalid by reason of its not being

(i.) A fit subject for a patent.

(ii.) The patentee was not the first inventor; or

(iii.) The specification was insufficient.

By leave of the Attorney-General, a scire facias may be instituted to cancel the patent, and this though there be no infringement.

Assuming the patentee be not the first inventor, or there be an error in the specification, is there any relief?

Yes, in the first case a petition to the Crown by the patentee (i.) for a new grant, or (ii.) to confirm the existing one; in the second, a disclaimer may be filed in Chancery of the title or of any part of his specification, or a memorandum of any alteration.