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execution having been delivered to the sheriff and remaining unexecuted in his hands. Formerly, besides

the sale of goods under the writ of fieri facias, there Levari facias. might also be a writ of levari facias, 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 (e). But this writ, having long fallen out of use (ƒ), was abolished in civil proceedings by the Bankruptcy Act, 1883 (g). And formerly goods might be taken in execution under a writ of elegit, by which the goods of the debtor were delivered to his creditor at an appraised value, together with possession of his lands (h). But under the Bankruptcy Act, 1883, the writ of elegit no longer extends to goods (i).

Elegit.

Judgments of
inferior
courts.

Chattels may be seized and sold in execution of judgments obtained in inferior courts (k), of which the county courts (1) are now the most important, as well as under a writ of fi. fa. issuing out of the High Court (m). And the seizure of the goods of any person under process in an action in any court, or in any civil proceeding in the High Court, followed by the sale of the goods or their retainer by the sheriff for twenty-one days, is now an act of bankruptcy (n).

(e) 2 Wms. Saunders, 68, a,
n. (1).

(f) See 3 Black. Comm. 417.
(g) Stat. 46 & 47 Vict. c. 52,
s. 146, sub-s. 2.

(h) Pullen v. Purbecke, 1 Ld.
Raym. 346; Ex parte Abbot, rẻ
Gourlay, 15 Ch. D. 447; Hough
v. Windus, 12 Q. B. D. 244; see
Williams, R. P. 244, 17th ed.

(i) Stat. 46 & 47 Vict. c. 52, ss. 146 (sub-s. 1), 169 and Fifth Schedule; Hough v. Windus, 12 Q. B. D. 224.

(k) As to local inferior courts, see 3 Steph. Comm. 316 et seq., 11th ed.; Elphinstone & Clark on Searches, 54.

(7) See stat. 51 & 52 Vict. c. 43, ss. 146 et seq.

(m) As to the removal of judgments of the inferior courts into the High Court, in order that execution may be had thereunder against the debtor's freehold lands, see Williams, R. P. 252, 17th ed. Under stat. 31 & 32 Vict. c. 54, certificates of judg ments of the superior courts of England, Scotland or Ireland may be registered in a superior court in the other parts of the United Kingdom, when the same proceedings may be taken on such certificate as if it were a judgment of the court in which it is registered; see Re Watson, 1893, 1 Q. B. 21; Re Low, 1894, 1 Ch. 147.

(n) Stat. 53 & 54 Vict. c. 71, s. 1.

But an execution levied by seizure and sale of the debtor's goods is not invalid for this reason only; and a purchaser of goods in good faith on a sale by the sheriff in all cases acquires a good title to them as against the debtor's trustee in bankruptcy (o). As we shall hereafter see, under the bankruptcy law, a judgment creditor is liable, in certain cases, to be deprived of the fruits of an execution in favour of the creditors generally (p). 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), are protected from seizure under any execution or order of any court against his goods and chattels (g). When goods or chattels have The court been seized in execution under process of the High Court, and any claimant alleges that he is entitled, under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the court or a judge may order a sale of the whole or a part thereof, and direct the application of the proceeds of the sale in such manner and upon such terms as may be just (r).

may order a

sale.

able interests

Under the writ of fi. fa., the sheriff could only seize Execution or sell chattels of which the judgment debtor was the against equit legal owner(s). If the latter were merely entitled to in chattels. an equitable interest in goods, as when they were held on trust for him or he had only an equity of redemption, and execution against the goods were thus prevented at law, the judgment creditor might sue in a

(0) Stat. 46 & 47 Vict. c. 52, s. 46, sub-s. 3.

(p) See stats. 46 & 47 Vict. e. 52, s. 45; 53 & 54 Vict. c. 71, s 11, stated in the chapter on Bankruptcy, post.

(q) Stats. 8 & 9 Vict. c. 127, s. 8; 51 & 52 Vict. c. 43, s. 147. (r) Ord. LVII. r. 12. This rale reproduces in effect stat. 23

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Bankruptcy.

vests in the trustee.

court of equity for assistance, and so obtain a lien in equity on his debtor's interest in the goods (t). Since the Judicature Acts, the same relief may be obtained by the appointment of a receiver, where any impediment exists against taking goods in execution at law (u).

Choses in possession are also liable to alienation for debt in their owner's lifetime in the event of his Property now bankruptcy. When a debtor is adjudged bankrupt, all such property as may belong to or be vested in him at the commencement of the bankruptcy, or may be acquired by or devolve on him before his discharge, becomes divisible among his creditors, and vests in the official receiver as trustee for the purposes of the Bankruptcy Act, 1883, until a trustee is appointed by the creditors, and then vests in the trustee so appointed (x). The only exceptions are property held by the bankrupt on trust for any other person, and the tools (if any) of his trade, and the necessary wearing apparel and bedding of himself, his wife and children, to a value not exceeding twenty pounds in the whole (y). And the bankruptcy law further provides (y) that the prodisposition of perty of the bankrupt divisible amongst his creditors a bankrupt shall comprise all goods (2) being at the commencement of the bankruptcy in the possession, order or disposition of the bankrupt, in his trade or business (a), by

Goods in the possession, order, or

as reputed

owner.

(t) Lewin on Trusts, ch. xxvii. sect. 7, p. 906, 9th ed.

(u) See Manchester and Liverpool District Banking Co. V. Parkinson, 22 Q. B. D. 173; Levasseur V. Mason & Barry, 1891, 2 Q. B. 73, where the judg ment debtor's goods were in the possession of a third party having a lien thereon.

(x) Stat. 46 & 47 Vict. c. 52, ss. 20, 21, 44, 54; see the chapter on Bankruptcy, below. The bankruptcy statutes of the years 1869, 1861, 1849, and 1831 all contained provisions effecting a like result; see stats. 32 & 33

Vict. c. 71, ss. 14, 17, 83 (b); 24 & 25 Vict. c. 134, ss. 108, 116129; 12 & 13 Vict. c. 106, ss. 38-45, 102, 139; 1 & 2 Will. IV. c. 56, s. 22. As to the previous law, see Heslop v. Baker, 6 Ex. 740.

(y) Stat. 46 & 47 Vict. c. 52,

S. 44.

(2) Not including things in action other than debts due or growing due to the bankrupt in the course of his trade or busi

ness.

(a) See Re Wallis, Ex parte Sully, 14 Q. B. D. 950; Re Jenkinson, 15 Q. B. D. 441.

the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof (b); and all such goods vest in the trustee in bankruptcy along with the bankrupt's own property (c). In order to bring the "reputed ownership" clauses of the bankruptcy law into operation, it must be established that the bankrupt was the reputed owner of the goods of another as well as that such goods were in the bankrupt's possession, order or disposition with the consent of the true owner. For the object of these provisions is to prevent traders and men of business from obtaining false credit from the possession of property which is not their own. If, therefore, there be in any trade or business a notorious custom for persons engaged therein to have the possession, order or disposition of goods which are not their own, such goods will not pass to the trustee in bankruptcy of the person so in possession of them. For in such a case he obtains no credit from the possession of the goods (d). As we have seen (e), goods mortgaged by bill of sale or other- Goods rewise usually remain in the mortgagor's possession until maining in mortgagor's default be made in payment according to the terms of possession in the agreement; and a mortgagor does not lose the reputation of being owner of such goods, although all

(b) See Ex parte Lovering, Re Jones, L. R. 9 Ch. 621; Ex parte Brooks, Re Fowler, 23 Ch. D. 261; decided under the Bankruptcy Act, 1869.

(e) Stat. 46 & 47 Vict. c. 52, ss. 44, 54. For the previous law, see stats. 32 & 33 Vict. c. 71, ss. 15, 17; 12 & 13 Vict. c. 106, s. 125; 5 & 6 Vict. c. 122, s. 59 et seq.; 1 & 2 Will. IV. c. 56, s. 7; 6 Geo. IV. c. 16, s. 72; 21 Jac. I. c. 19, s. 11; Heslop v. Baker, 6 Ex. 740.

(d) See Whitfield v. Brand, 16 M. & W. 282 (books deposited with a bookseller to be sold on commission); Hamilton v. Bell, 10 Ex. 545 (clocks left with a

clockmaker to be cleaned); Hol-
derness v. Rankin, 4 De G. F. &
J. 258, 273, 274 (an unfinished
ship in a shipbuilder's possession);
Ex parte Watkins, Re Couston,
L. R. 8 Ch. 520 (whisky left in
the vendor's bonded warehouse till
wanted, according to the custom of
the trade in Liverpool); Ex parte
Wingfield, Re Florence, 10 Ch. D.
591 (a horse left with a horse-
dealer on sale or return); Craw-
cour v. Salter, 18 Ch. D. 30; Ex
parte Turquand, Re Parker, 14
Q. B. D. 636 (both cases of furni-
ture hired by hotel-keepers ac-
cording to their usual custom).
(e) Ante, p. 86.

his trade or business.

Alienation for debt after

death.

property in them may have passed to the mortgagee. If, therefore, any mortgaged goods remain in the mortgagor's possession, order or disposition, in his trade or business, they will, in the event of his bankruptcy, vest in the trustee for the benefit of his creditors generally (f); and the mortgagee will be deprived of his ownership of the goods (g). A considerable disadvantage is thus attached to mortgages of goods employed in the mortgagor's trade or business; and this is not removed by due registration of the mortgage under the present Bills of Sale Acts (h). It is true that by the Bills of Sale Act, 1878, grantees under bills of sale duly registered in accordance with the Act were protected against the inconvenience in question (i). But this protection was withdrawn by the Bills of Sale Act, 1882 (k), from all bills of sale given by way of security for the payment of money and not duly registered before the commencement of that Act (). Absolute assignments of chattels (m) duly registered under the Act of 1878 are however still protected from the operation of the "reputed ownership" clauses of the bankruptcy law, notwithstanding that the goods remain in the assignor's possession after the assignment (n).

On the decease of any person, his chattels have always been liable to the payment of his debts of every kind (0). The creditor's remedy is either to sue the

(f) Ryall v. Rolle, 1 Atk. 165,
170; S. C. 1 Ves. sen. 348; Fresh-
ney v. Carrick, 1 H. & N. 653;
Spackman v. Miller, 12 C. B. N.
S. 659; Hornsby v. Miller, 1 E.
& E. 192; Stansfield v. Cubitt, 2
De G. & J. 222; Badger v. Shaw,
2 E. & E. 472; Ex parte Harding,
L. R. 15 Eq. 223.

(g) Ante, p. 24, n. (m).
(h) Ante, p. 87; see the cases
cited in note (ƒ) above.

(i) Stat. 41 & 42 Vict. c. 31, s. 20.

(k) Stat. 45 & 46 Vict. c. 43, ss. 1-3, 15.

(1) 1st Nov. 1882; see Ex parte Izard, Re Chapple, 23 Ch. D. 409.

(m) Ante, p. 69.

(n) Swift v. Pannell, 24 Ch. D. 210.

(0) Ante, p. 2; Williams, R. P. 19, 17th ed.

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