Statute of
Frauds.

New enactment.

This sale is now directed to be made by public auction in all cases where the debt or damage recovered exceeds fifty pounds, unless the Court of Bankruptcy shall otherwise direct (g). And the seizure of the goods of a trader is now an act of bankruptcy whenever the debt or damages recovered exceed fifty pounds (h). Goods however are not, as lands formerly were, affected by the mere entry of a judgment of a court of law against the owner. The debtor was always allowed to alienate his goods until the writ of execution was issued; although, by a fiction of law, all judicial proceedings, writs of execution included, formerly related back to the first day of the term to which they belonged (i). Goods, therefore, which had been sold after the first day of a term, might yet practically have been seized under a writ of fi. fa. relating back to that day, but subsequently issued. To remedy this evil, it was enacted by one of the sections of the Statute of Frauds (j), that no writ of fieri facias or other writ of execution shall bind the property of the goods against which it is sued, but from the time. that such writ shall be delivered to the sheriff, undersheriff, or coroner, to be executed; and the officer is required, upon receipt of the writ, to indorse on it (without fee) the day of the month and year on which he received it. Goods and chattels might therefore be safely alienated, although judgment might exist against the owner, provided a writ of execution were not actually in the hands of the sheriff. And a recent statute now provides that no writ of execution shall prejudice the title to goods acquired by any person bonâ fide, and for a valuable consideration, before the actual seizure thereof by virtue of such writ; provided such person had not, at the time when he acquired such title, notice that such writ, or any other writ under which the goods might be seized, had been delivered to the officer and remained

(g) Stat. 24 & 25 Vict. c. 134,
s. 74. This section was perhaps
intended to apply to traders only,
but its wording is general.
(h) Sect. 73.

(i) Com. Dig. tit. Execution (D 2); Anon., 2 Vent. 218. See 2 Sugd. Vend. & Pur. 9th ed. 198. (j) Stat. 29 Car. II. c. 3, s. 16.

unexecuted in his hands (k). It has been decided that an alienation to secure or satisfy another creditor is not void within the above-mentioned statute of the 13 Elizabeth (1), although made with the intention of defeating an expected execution of the judgment creditor (m). Besides the sale of goods under the writ of fieri facias, Levari facias. there might also be a writ of levari facias, now disused, by which the sheriff levied the corn and other present profit which grew on the lands, together with the rents then due, and the cattle thereon (n). And by the writ of elegit, the goods of the debtor are delivered to his Elegit. creditor at an appraised value, together with possession of his lands (o). It has however been enacted, that the wearing apparel and bedding of any judgment debtor or his family, and the tools and implements of his trade (not exceeding in the whole the value of five pounds), shall not be liable to seizure under any execution or order of any court against his goods and chattels (p). And the Common Law Procedure Act, 1860, now The Court may provides, that where goods or chattels have been seized order a sale. in execution by a sheriff or other officer under process of the superior courts of common law, and some third person claims to be entitled under a bill of sale or otherwise to such goods or chattels by way of security for a debt, the court or a judge may order a sale of the whole or part thereof, upon such terms as to payment of the whole or part of the secured debt or otherwise as they or he shall think fit, and may direct the application of the proceeds of such sale in such manner and upon such terms as to such court or judge may seem just (q).

Bankruptcy.

of bankrupt vests in the assignees.

Goods in the possession, order or disposition of a bankrupt.

Choses in possession are also liable to involuntary Personal estate alienation on the bankruptcy of their owner. In this event all the personal estate of the bankrupt, wheresoever the same may be found or known, vests at once, first in the official assignee and then in the creditors' assignees under the bankruptcy by virtue of their appointment (r). And in order to prevent traders from obtaining false credit from the possession of property which is not their own, it is provided (s), that if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels, whereof he was reputed owner, or whereof he had taken upon him the sale, alteration or disposition as owner, the Court of Bankruptcy shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy. But it has been held, that, until an order for the sale of such goods has been made by the court, no property in them is vested in the assignees (t); and the order ought to specify the particular goods which are to be sold (u). The above provision appears now to extend to all persons, whether traders or not (x).

(r) Stat. 24 & 25 Vict. c. 134, ss. 108, 117. See post, the chapter on Bankruptcy.

(s) Stats. 6 Geo. IV. c. 16, s. 72; 1 & 2 Will. IV. c. 56, s. 7; 5 & 6 Vict. c. 122, s. 59 et seq., repealed and consolidated by stat. 12 & 13 Vict. c. 106, s. 125; Hamilton v. Bell, 10 Ex. Rep. 545; 18 Jur. 1109; Reynolds v. Hall, 4 H. & N. 519; Holderness v. Rankin, 2 De Gex, F. & J. 258.

(t) Heslop v. Baker, 6 Ex. Rep. 740; 15 Jur. 684. See Er parte Heslop, 1 De G., M. & G. 477; Ex parte Wood, 4 De Gex, M. & G. 861; Ex parte Young, 4 De Gex, M. & G. 864.

(u) Quartermaine v. Bittleston, 13 C. B. 133; Fielding v. Lee, 18 C. B. N. S. 499.

(x) Stat. 24 & 25 Vict. c. 134, s. 232.

CHAPTER IV.

OF SHIPS.

THERE is one important class of choses in possession which the policy of the law has rendered subject to peculiar rules, namely, ships and vessels. The whole of the acts relating to Merchant Shipping were repealed by the Merchant Shipping Repeal Act, 1854 (a), and the law on this subject is now contained in the Merchant Shipping Act, 1854 (b), as amended by the Merchant Shipping Act Amendment Acts, 1855 (c) and 1862 (d). Every British ship, with a few unimportant British ships. exceptions, is required to be registered (e), and no ship is to be deemed a British ship unless she belongs wholly to natural born British subjects, or to persons made denizens or duly naturalized. But no natural born subject who has taken the oath of allegiance to any foreign state can be owner, unless he has subsequently taken the oath of allegiance to her Majesty, and continues during his ownership resident within her Majesty's dominions, or, if not so resident, member of a British factory, or partner in a house actually carrying on business within her Majesty's dominions. And every denizen and naturalized person must continue during his ownership resident within her Majesty's dominions, or, if not so resident, must be a member of a British factory, or partner in such a house of business as above mentioned. But bodies corporate established under and subject to the laws of the United Kingdom or any

(a) Stat. 17 & 18 Vict. c. 120. (b) Stat. 17 & 18 Vict. c. 104. (c) Stat. 18 & 19 Vict. c. 91.

(d) Stat. 25 & 26 Vict. c. 63.
(e) Stat. 17 & 18 Vict. c. 104,

s. 19.

Property in British ships divided into sixty-four shares.

No trusts entered on the register.

British possession, and having their principal place of business therein, may be owners (f). The registration is made by the collector, comptroller or other principal officer of customs for the time being at any port or other place in the United Kingdom approved by the commissioners of customs for the registry of ships, and by other officers in the colonies and possessions abroad (g).

The property in every ship is divided into sixty-four shares; and, subject to the provisions of the act with respect to joint owners or owners by transmission, not more than thirty-two individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule is not to affect the beneficial title of any number of persons, or of any company, represented by or claiming under any registered owner or joint owner. And no person is entitled to be registered as owner of any fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship, or of a share or shares therein. And joint owners are to be considered as constituting one person only, as regards the foregoing rule relating to the number of persons entitled to be registered as owners, and shall not be entitled to dispose in severalty of any interest in any ship, or in any share or shares therein, in respect of which they are registered. A body corporate may be registered as owner by its corporate name (h). No notice of any trust, express, implied, or constructive, shall be entered in the register book or receivable by the registrar; and, subject to any rights and powers appearing by the register book to be vested in any other party, the registered owner of any ship, or share therein, shall have power absolutely to dispose of such ship or share in the manner prescribed by the act, and to