CASES CITED. ACRAMAN v. Bates, 50. Allen, exp., re Middleton, 34, 42. Ancona v. Rogers, 22, 23. Andrews, exp., re Fells, 34. Attenborough v. Thompson, 40. BADGER v. Shaw, 49. Bach v. Meats, 35. Baker v. Richardson, 38. Banbury v. White, 34, 39, 40. 20. Barclay, exp., re Joyce, 20, 27. Blanshard, exp., re Hattersley, 18. Boden, exp., 49. Bolland, exp., 18, 31, 32, 49. Bott v. Smith, 29. Bowles v. Langworthy, 37. Boyd v. Shorrock, 26. Brantom v. Griffits, 19. Breton v. Cope, 36. Brierley v. Kendall, 11. Brighty v. Norton, 12. Bringloe v. Goodson, 37. Brodrick v. Scale, 39, 40. Brown, exp., re Reed, 34. Brown v. Bateman, 17. Burroughs v. Williams, 23. Butcher v. Stead, 33. Butterworth, re, 24. Byerley v. Prevost, 16. CALL v. Dunning, 37. Castle, exp., 19. Clark v. Crownshaw, 19. Cochrane, exp., re Cross, 33. Collins, exp., re Lees, 11, 41. Cooper, exp., re Baum, 16, 32. Cracknall v. Janson, 34. DAGLISH, exp., 20, 27. Doe v. M. of Cleveland, 37. EDEY, exp., re Cuthbertson, 50. Edwards v. Glyn, 32. Edwards v. Harben, 30. Edwards v. Jones, 3. Elliott v. Freeman, 36. Emerson, exp., re Hawkins, 18, 49. Emmanuel v. Bridger, 22. England v. Downs, 38. Eslick, re, 27, 50. FAUCUS, exp., 49. Fisher, exp., re Ash, 17, 31. Fisher v. Dixon, 20. Fletcher, exp., re Bainbridge, 21, 49. Fletcher, exp., re Henley, 23. Fletcher v. Manning, 50. Flory v. Denny, 11. Forster v. Forster, 37. Foss, exp., 50. Foulger v. Taylor, 39. Furber, exp., re Pellew, 12, 28, 36. GALE v. Williamson, 28. General Furnishing Co. v. Venn, 18. Gillies v. Smither, 36. Gough v. Everard, 22. Green v. Attenborough, 38. HALE v. Allnutt, 31, 32. Hale v. Metropolitan Saloon Omni- Hamilton v. Bell, 49. Harding, exp., re Fairbrother, 11. Harris exp., re Pulling, 36. Harris v. Rickett, 17, 31. Harris, exp., 35. Harrison v. Blades, 37. Hattie, exp., re Wood, 39, 40, 46. Heath v. Cochrane, 31. Hewer v. Cox, 40. Hill, re, 49. Hills v. Shepherd, 42. Hooman, exp., re Vining, 22, 39. Hopcraft, exp., re Flavell, 17. Horsfall v. Key, 16. Horsford v. Webster, 35. Izard, exp., 31. JAMES v. Macken, 40 KARET v. Kosher Meat Association, 43, 44. Kendall v. Kendall. 38. Kevan, exp., re Crawford, 33. King, exp., 31. Kitchen v. Ibbetson, 49. LAMB v. Bruce, 36, 39. Lomax v. Buxton, 31. London and Western Loan Co. v. Chase, 39. Lovering, exp., 49. Lückes, exp., re Wood, 31. Lunn v. Thornton, 13. Lyon v. Weldon, 49. MACE v. Cadell, 49. Mackay v. Douglas, 30. Mackay, exp., re Jeavons, 12, 17, 26. Mackenzie, exp., re Bent, 32, 40. Marples v. Hartley, 17, 35. Martindale v. Booth, 29, 30. Mercer v. Peterson, 17, 31. M'Evoy v. Bent, 50. M'Hattie, exp., re Wood, 39, 46. Montagu, exp., 50. Morewood v. S. Yorkshire Railway 29. Morgan v. Brundrett, 33. Morton v. Woods, 25. Murray v. Mackenzie, 40. Mutton, exp., re Cole, 23. Phillips v. Gibbons, 18. Philps v. Hornstedt, 31, 32. Pickard v. Marriage, 18, 23, 41. Price v. Jenkins, 30. R. v. Harringworth, 36. Reid v. Blades, 30. Richards v. James, 34, 42. Riches v. Evans, 29, 30. Robinson v. Briggs, 21. Robinson v. Collingwood, 11, 12, 42. Robinson v. M'Donnell, 29. Roe v. Bradshaw, 41. Rose v. Haycock, 31. Ryall v. Rowles, 21, 50. SACKER v. Chidley, 50. Smale v. Burr, 34, 36. Smith v. Cannan, 31. Smith v. Cheese, 40. Smith v. Hudson, 50. Smith v. Pilgrim, 32. Smith v. Wall, 22. Stevens, exp., 36. Stockton Iron Works Co., re, 26. Stooke, exp., re Bampfield, 16. Strong v. Strong, 28. TAPFIELD V. Hillman, 14. Tate v. Hibbert, 3. Taylor v. Eckersley, 23, 50. Thompson v. Freeman, 32. Thomson v. Barrett, 16. Thornton v. Adams, 35. Threllfall v. Williamson, 31. Trevor, exp., re Burghardt, 12. Tweedy, exp., re Trethowan, 27. UNION Bank of London v. Lenanton, 16. VAUX, exp., 49. Vicarino v. Hollingsworth, 49. Vining, re. 40. WADDINGTON v. Roberts, 47. Walmsley v. Milne, 20. Waterfall v. Penistone, 20. Watkins, exp., re Couston, 49. Whitmore v. Empson, 24. Williams, exp., re Thompson, 25. Williams v. Burgess, 28. Winder, exp., 31. Winter, exp., re Softley, 16, 31. Wood v. Rowcliffe, 38. YOUNG v. Fletcher, 28. INTRODUCTION. PROPERTY, as the subject of English law, is divided into things real and personal. Things real are such as are permanent, fixed, and immoveable. Things personal are goods, money, and all moveables. (a) It is to the latter division, or things personal, that the Bills of Sale Act alone applies. Personal chattels have always been transferable without the formalities essential to the conveyance of real property, for the feudal principles of tenure, which in ancient times opposed the alienation of landed estates, could have no application to the then insignificant subjects of personal property," which passed freely from hand to hand. To confer a valid title to chattels personal, they must be transferred by some person with capacity to contract. Disability to contract may arise from infancy, coverture, or unsoundness of mind. An infant's contracts are voidable, at his option, (e) on attaining majority, or within a reasonable time afterwards. A married woman is incapable of binding herself by a contract, unless made with reference to and on the faith of her separate estate, as to which she may contract as freely as a feme sole. The contract of a lunatic or drunken person, made when incapable of understanding its effect, is voidable at his option; unless the other contracting party did not believe, and had not reasonable cause to believe, that he was drunk or of insane mind. (d) (a) Bl. Comm. II. 16. (b) Williams on Personal Property, 35. (c) In some cases an infant's contracts are now absolutely void, under the Infants' Relief Act, 1874 (37 & 38 Vict. c. 62). (d) Pollock on Contracts, 80. Where the parties are of full capacity, personal chattels may be transferred by assignment or sale, by gift coupled with delivery of possession, or by deed without delivery. The property in chattels may also be transferred conditionally by way of mortgage, subject to the mortgagor's right of redemption on payment of a sum of money at an appointed time; or they may be pledged by transferring the possession to secure a debt, the property in them remaining in the pledgor. A mortgage of chattels may be either by deed or parol, and is usually effected by an assignment to become void on payment of the money secured, with liberty for the mortgagor to retain possession of the chattels until default: but on a pledge the possession of the chattel is transferred to the pawnee, who may hold it until his debt is satisfied. A sale of chattels may be either by deed or parol, unless within the provisions of the Statute of Frauds, (e) by which it is enacted that no contract for the sale of any goods, wares and merchandises, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorised. Where the requisites of this statute are complied with, on the sale of a specific chattel, when nothing remains to be done by the vendor as between him and the buyer, the property in the thing sold passes by the contract of sale, () but on a sale of goods generally, or if any act remains to be done on behalf of the seller, no property passes until the act has been done, or specific goods selected and appropriated to the purchaser.() A gift, coupled with delivery of possession, is sufficient to pass the property to the donee without deed or writing; nor is it necessary that there should be any consideration for the gift. If, from the nature of the gift, a complete manual delivery is impossible, the best delivery that the circumstances permit will be sufficient; thus, handing the key of a warehouse where (e) 29 Car 2 cap. 3., s. 17. (f) Martindale v. Smith, 1 Q. B. 389. |