OF THINGS PERSONAL.

We have now to discuss another species of property, which at present has a more extensive signification than it formerly had; for Courts now regard a man's personal property or personalty almost with equal importance as his realty. Let us therefore inquire into the nature of the several species of personal property; then, into the interests which may be had in them; and lastly, as to the title by which they may be acquired and lost.

Explain the Meaning of "Things Personal" as contradistinguished from "Things Real."

Under the name of things personal are included all goods and chattels―terms equally applicable to interests in lands which are less than freehold-money, and other movables, and the rights and profits issuing out of them. Besides all movables, shares in canals and railways, and other similar interests, are made personal property by various Acts of Parliament; and so is funded property. The owner of an estate for a term of years possesses in law merely a chattel interest; and his leasehold estate, however long the term of years, is only part of his personal property.

Personal property in many instances is of an intangible or incorporeal nature, such as copyright, or patent right, or trade mark, as everyone has a right to enjoy, within the limits imposed by the several Copyright and other Acts, exclusive profit on the results of his intelligence and industry, or his power of invention.

By 5 & 6 Vict., c. 45,* the sole and exclusive liberty of printing or otherwise multiplying copies of any book is reserved for the author and his representatives for the term of his natural * As to International Copyright, see 7 & 8 Vict., c. 12; 15 & 16 Vict., c.12; 25 & 26 Viot., c. 68; and for Colonial Copyright, 10 & 11 Vict., c. 95.

life and seven years afterwards; or for the term of forty-two years, whichever is the longer period. A copy must be presented, within one month after publication, to the British Museum; also within twelve months a copy must be sent to the Bodleian Library, Oxford; to the Cambridge University Library; to the Advocates' Library, Edinburgh; and to that of Trinity College, Dublin. The proprietorship must also be registered at Stationers' Hall. By that Act the same term is granted to musical composers and dramatic authors.

Patents for invention stand upon somewhat similar grounds as copyrights, and the rights of patentees are now regulated by 15 & 16 Vict., c. 83.

Sculptures* and casts are protected from being copied ; as also are paintings, engravings, and photographs, &c.t Trade marks are protected by law, as also are patterns or designs for manufactures.§

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A qualified property may subsist in animals feræ naturæ per industriam hominis, by a man's reclaiming and making them tame by art and industry, or by confining them within his own immediate power, that they cannot escape and use their natural liberty such as deer in a park, pheasants or partridges in a cover, hares or rabbits in an enclosed warren, doves in a dovehouse, hawks that are fed by their owner, and fish in a private pond. These are no longer the property of a man than while they continue in his keeping or actual possession; but if at any time they regain their natural liberty, his property instantly ceases, unless they have animum revertendi (which is only to be known by their usual custom of returning), or unless instantly pursued by the owner.

A man may also have a qualified property in animals fera naturæ propter privilegium; that is, he may have some special privilege of hunting, taking, and killing them in exclusion of other persons. Here he has a transient property in these animals, usually called game, so long as they continue within his liberty, and may restrain any stranger from taking them

* See Sculpture Copyright Acts, 54 Geo. III., c. 56; 13 & 14 Vict., c. 104; and 21 & 22 Vict., c. 70.

+ Paintings Copyright Act, 25 & 26 Vict., c. 68.

+ Trade Marks Act, 25 & 26 Vict., c. 88.

§ Designs Act, 24 & 25 Vict., c. 73.

therein; but the instant they depart into another liberty, this qualified property ceases.*

TITLES to things personal are, with few exceptions, now acquired and lost in much the same manner as the title to realty. As to descent, the feudal rule still exists; that is, when the owner dies intestate, the whole of the real estate goes to the heir, while things personal are distributed amongst the next of kin.†

Previous to the passing of the Married Women's Property Act (33 & 34 Vict., c. 93), personal property which belonged to a woman was on marriage vested by act of law in the husband; but now earnings, money, or property acquired or gained by her after the passing of this Act shall be held and settled to the wife's separate use; and personal property not exceeding £200 coming to a married woman after the passing of this Act shall belong to the wife for her separate use, and her receipts alone shall be a good discharge for the same. Also the rents and profits of any freehold, copyhold, or customary-hold property coming to a woman married after the passing of the Act shall belong to such wife for her separate use. A married woman may now effect a policy of insurance upon her own life, or the life of her husband, for her separate use, and any married woman or woman about to be married may have any sum forming part of the public stocks and funds, not being less than £20, to which she is entitled, transferred to her own name, and the same shall

* Several Acts have been passed with reference to the property in game, particularly 1 & 2 Wm. IV., c. 32; 23 & 24 Vict., c. 90; and 24 & 25 Vict., c. 91.

† See Statute of Distributions, 22 & 23 Car. II., c. 10, explained by 29 Car. II., c, 3, which enacts that the surplusage of intestates' personal estate (except of femes covert, whose estates, by the principle of the common law, belong to their husbands), shall, after the expiration of one full year from the death of the intestate, be distributed in the following manner:-One-third goes to the widow of the intestate, and the residue in equal proportions to his children; or, if dead, to their representatives; that is, the lineal descendants. If there are no children or legal representatives subsisting, then a moiety shall go to the widow, and a moiety to the next of kindred, in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be distributed among the next of kin, in equal degree, and their representatives; but no representatives are admitted among collaterals farther than the children of the intestate's brothers and sisters. On the failure of children, the father and mother succeed to the effects of their children who die intestate, and without wife or issue. Then if the nearest of kin of the intestate are great-uncles or aunts, first cousins and great-nephews or nieces, these being all related to the intestate in the fourth degree, will all be admitted to an equal distributive share of his estate.

be deemed to be the separate property of such woman, and the dividends paid as if she were unmarried. She may also hold shares or debenture stock in a joint-stock company, or of any industrial and provident society, and the dividends and profits shall be paid to her as if she were an unmarried woman ; but such investments must not be by means of moneys of her husband without his consent.

By the Married Women's Property Act, 1870, the husband shall not, by reason of any marriage which shall take place after this Act, be liable for the debts of his wife contracted before marriage, but the wife shall be liable to be sued for; and any property belonging to her for her separate use shall be liable to satisfy such debts as if she had continued unmarried.

A married woman, having separate property, is now liable to the parish for the support of her husband; also for the maintenance of her children.

A wife may acquire a property in some of her husband's goods, which shall remain to her after his death, and not go to the executors. These are called her paraphernalia, and by our law signify the apparel and ornaments of the wife, and a necessary bed suitable to her rank and degree. Jewels usually worn by her have been held to be paraphernalia, nor can the husband devise them by his will, though, during his lifetime, he may sell them or give them away.

Necessary apparel is protected against the claim of creditors.

Title to things personal may be also acquired by bill of sale, which is a grant or assignment of chattels personal. Unless a bonâ fide change of possession takes place, the assignment is void, not only as against the trustee of a subsequent bankruptcy of the assignor, but even against the sheriff seizing the property in execution. Statute 17 & 18 Vict., c. 36, passed to prevent fraud upon creditors by secret bills of sale of personal chattels, provides that every bill of sale must be filed in the Court of Queen's Bench, and the registry so made must be renewed every five years during the subsistence of the security.*

* See also 29 & 30 Vict., c. 96, by which the registration of bills of sale must be renewed every five years.

OF CONTRACTS.

We have now to inquire into the very important subject of Contracts, which may be considered as one of the species of title to things personal. In its widest and most general sense the word contract signifies an engagement, obligation, or compact; it may be express or implied, executory or executed; and there must be two or more contracting parties of sufficient ability to make a contract.

Define a Contract, and explain the "three" points to be contemplated in all contracts.

A contract is an agreement, or undertaking, upon sufficient consideration, to do, or not to do, a particular thing.*

First, then, it is an agreement, a mutual bargain or convention, and therefore there must be at least two contracting parties of sufficient ability to make a contract, as where A. contracts with B. to pay him £100. A. thereby transfers a property in such sum to B., which property, however, is not in possession, but in action merely, and recoverable by suit at law.

A contract or agreement may be either express or implied. Express contracts are where the terms of the agreement are openly uttered and avowed at the time of the making, as to deliver an ox or ten loads of timber, or to pay a stated price for certain goods. Implied contracts are such as reason and justice dictate, which, therefore, the law presumes that every man undertakes to perform. As, if I employ a person to do any business for me, or perform any work, the law implies that I undertook, or contracted to pay him as much as his labour deserves; and if I do not make him amends, he has a remedy by

* For injuries affecting rights founded on contract, see p. 235.