"

The law treated of is that administered by English Courts, and illustrations from other sources have been employed sparingly. The point of view is in fact that of an English lawyer. "For we use (to paraphrase the words of the Athenian Statesman) "a system not emulous of the laws of our neighbours; but ourselves being an example to others rather than imitating them."

13, OLD SQUARE, LINCOLN'S INN,

October, 1881.

R. CAMPBELL.

Sale in English law is sometimes not only a contract but also a conveyance

2

Sale executed (bargain and sale) and executory

Definition of sale according to English law

ib.

SECTION II.-WHAT ARE "GOODS" CONSIDERED AS THE OBJECTS OF SALE.

This treatise confined, in the first instance, to tangible things, excluding

General maxim: Quod plantatur solo, solo cedit

Various modes in which a chattel may become part of the land

ib.

ib.

(a) By being fixed in a permanent manner

ib.

(b) Or in a quasi-permanent manner

6

(c) By being an essential part of a machine or thing so fixed

(d) When set in a fixed place for permanent use in connexion with

the land

9

Analysis of the case of Hellawell v. Eastwood

The maxim "quod plantatur solo, solo cedit" strictly interpreted

But relaxed in certain classes of cases

(1) Between tenant for life and remainderman in a settled estate

(2) Between landlord and tenant

ib.

14

How that which is part of the land may be converted into a chattel.

Emblements

Emblements deemed chattels to certain effects

1. When term expires at unforeseen period

2. Upon death of owner of land in his own occupation

3. May be taken on a writ of execution

6. Growing crops are now (when separately charged) personal chattels

within the Bills of Sale Act.

ib.

In some respects, but not in all, emblements are in same position as tenant's
fixtures

Questions, to which rules apply, classified

1. Between heir and executor

2. Between mortgagee and mortgagor, and his assignees

3. Between specific devisee and residuary legatee

4. Questions of reputed ownership under the Bankruptcy Act

5. Between tenant for life and remainderman

6. Between tenant and landlord

7. Between execution creditor of tenant, and landlord

8. In execution against chattels of freeholder.

9. Whether subject to distraint as a chattel.

10. Questions under Bills of Sale Act

11. Under Statute of Frauds and Stamp Acts

PAGE

17

18

ib.

ib.

ib.

ib.

ib.

19

ib.

ib.

20

ib.

22

PART II.

THE PARTIES TO A SALE (WHEREIN OF OWNERSHIP AND

DISPOSING POWER).

Property, what

Persons of limited capacity. Incorporated companies

SECTION II.-WHO IS ENTITLED TO DISPOSE OF THE PROPERTY.

"General property," "special property

29

ib.

'Special property" and "general property" are the corresponding terms

A trust said to be created

Same principle known under the expressions "representa-

tion" or "holding out"

Mode in which same doctrine has been expressed by Courts

of Equity.

Property arising from owner's election to sue for conversion

2. Persons duly authorised by the owner to sell

PAGE

34

35

37

38

ib.

ib.

Master of ship under certain exceptional circumstances ib.

(b) Persons holding security with power of sale

Lien.

Pledge.

Mortgage

Hypotheca

Equitable assignment in security

1st. Of goods in assignor's own possession

2nd. Of goods in possession of a third person.

First kind of equitable assignment, Holroyd v. Marshall

Why equitable?

Such a trust established in Ex parte Montague,

parte Montague

40

ib.

ib.

41

42

43

ib.

ib.

ib.

44

ib.

45

(c) Persons combining the character of agent with that of

Rights of holder to sue in his own name (according to pro-

cedure before November, 1875) an invariable charac-

teristic of a negociable instrument of debt

Apparent exceptions .

༤༧

ih.

61

༄མ་བྲག་གླ་བྱ

52

53

Explained on the doctrine of estoppel or representation

establishing a privity of legal relation

The principle of the cases analysed
Converse does not always hold good

Bills of Lading negociable in a limited sense

D. Sale of perishable goods under power of the Judicature

Acts, Order LII., r. 2.

E. Persons selling under distress

SECTION III.-QUESTIONS OF COMPETITION IN EXECUTIONS AND

Competition

ON BANKRUPTCY.

Execution creditor or trustee in bankruptcy, in competition with persons

"Debts due to the bankrupt in the course of his trade or

business" excepted from the proviso.

In such cases notice necessary to determine reputed owner-

ship.

ib.

98

99

100

102

103

ib.

.

ib.

104

Notice, how given

What is a "debt due, &c.?"

ib.

ib.