1. How are those chattels, which belonged formerly to the wife, vested in the husband by marriage ?—433.

They are, by act of law, vested in the husband, with the same degree of property, and with the same powers, as the wife, when sole, had over them. Personal property differs from real estate, in this respect: whatever personal property belonged to the wife before marriage, is by marriage absolutely vested in the husband; in real estate he only gains a title to the rents and profits during coverture.

8. How does a chattel real, and a chattel personal, or chose in ac tion, vest in the husband?-434.

A chattel real vests in the husband not absolutely, but sub modo. Chattels personal may vest absolutely in the husband, if he reduces them to possession by receiving, or recovering them at law but if he dies before he has recovered or reduced them into possession, so that at his death they continue choses in action, they shall survive to the wife.

9. What shall become of the chattels real and chattels personal, if the husband survive the wife, and she die before the husband hath reduced them into possession?-435.

The husband shall have the chattels real by survivorship, but not the choses in action, except in the case of arrears for rent due to the wife before her coverture, which, in case of her death, are given to her husband by statute.

10. How do chattels personal vest in the husband?-435.

As to chattels personal in possession, which the wife hath in her own right, as money, jewels, household goods, and the like, they devolve to him by the marriage, not only potentially, but in fact, and never again revest in the wife.

11. What are the wife's paraphernalia?-436.

The apparel and ornaments of the wife, suitable to her rank and degree.

12. Does the wife become entitled to these at the death of her husband ?-436.

Yes; she becomes entitled to her paraphernalia, at the death of her husband, over and above her jointure or dower.

13. May property in chattel interests vest by means of a judgment?-436, 437.

Yes; a judgment is frequently the means of vesting the right and property of chattel interests in the prevailing party.

14. What species of property is there, to which a man has not any claim or title till after judgment obtained?-437-439.

Of this nature are: 1. Such penalties as are given by particular statutes, to be recovered on an action popular; or, in other words, to be recovered by him or them that will sue for the

same.

2. Damages given to a man by a jury, as a compensation and satisfaction for some injury sustained.

3. All title to costs and expenses of suit.

CHAPTER XXX.

OF TITLE BY GIFT, GRANT, AND CONTRACT.

1. What is the distinction between a gift and a grant of personal property?-440.

Gifts are always gratuitous; grants are upon some consideration or equivalent.

2. What may be included under the head of gifts or grants of chattels real ?—440.

Under the head of gifts or grants of chattels real, may be included all leases for years of land, assignments and surrenders of those leases, and all other methods of conveying an estate less than freehold.

3. What, in the eye of the law, will convert the gift, if executed, into a grant?—440.

Any consideration; as if expressed to be made in consideration of blood, or natural affection, or of five shillings nominally paid to the grantor, or of a rent though it be but a pepper

corn.

4 What are grants or gifts of chattels personal -441.

They are the act of transferring the right and possession of them; which may be done either by writing, or by word of

mouth.

5. How may gifts or grants of chattels be made?-441.

Either in writing, or by word of mouth attested by sufficient evidence, of which the delivery of possession is the strongest and most essential.

6. By what is a true and proper gift or grant always accom panied, and when only may it be retracted ?-441.

It is always accompanied with delivery of possession, and takes effect immediately. It may not be retracted, unless it be prejudicial to creditors, or the donor were under any legal incapacity, as infancy or the like; or if he were drawn in, circumvented, or imposed upon.

7. If the gift do not take effect by delivery of immediate possession, what then is it ?—441.

It is then not properly a gift, but a contract; and this a man cannot be compelled to perform but upon good and sufficient consideration.

8. What is a contract?-442.

An agreement upon sufficient consideration, to do or not to do a particular thing.

9. What points are to be considered in all contracts ?—442.

Three: 1. The agreement; 2. The consideration; 3. The things to be done or omitted, or the different species of contracts.

10. What is essential to an agreement ?—442.

As it is a mutual bargain or convention, there must be at least two contracting parties, of sufficient ability to make a

contract.

11. What does a contract usually convey ?-442.

It conveys an interest merely in action.

12. Could a chose in action be assigned or granted over, at common law ?-442.

It could not. But this is now disregarded; though in compliance with the ancient principle, the form of assigning a chose in action is in the nature of a declaration of trust, and an agreement to permit the assignee to make use of the name of the assignor, in order to recover the possession.

13. What are express, and what implied contracts ?—443.

Express contracts are where the terms of the agreement are openly uttered and avowed at the time of the making; implied contracts are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform.

14. Is there a species of implied contract which runs through and is annexed to all other contracts, conditions, and covenants ?—443.

There is, viz., that if one fails in his part of the agreement, he shall pay the other party such damages as he has sustained by such neglect or refusal.

15. What are executed and what executory contracts?—443.

In executed contracts the possession and right are transferred together. In executory contracts only the right vests. The former conveys a chose in possession; the latter conveys only a chose in action.

16. What is a good and what a valuable consideration ?—444.

A good consideration is that of blood, or natural affection between near relations. A valuable consideration is for marriage, for money, for work done, or for the reciprocal contracts, and can never be impeached at law.

17. May a good consideration be set aside, and, if so, when ?—444.

It may sometimes be set aside, and the contract become void, when it tends in its consequences to defraud creditors, o other third persons, of their just rights.

18. Why cannot a valuable consideration be impeached ?-444. Because the person contracted with has been given an

equivalent in recompense, and is, therefore, as much an owner, or a creditor, as any other person.

19. Into what species are the valuable considerations divided?444, 445.

By the civilians, they are divided into four species: 1. Do, ut des. 2. Facio, ut facias. 3. Facio, ut des. 4. Do, ut facias.

20. What is a nudum pactum ?-445.

It is an agreement to do or to pay anything on one side, without any compensation on the other. It is totally void in law.

21. What will prevent a pact from being nude ?—445.

Any degree of reciprocity; nay, even if the thing be founded on a prior moral obligation, it is not nudum pactum.

22. Does the rule, that a consideration is absolutely necessary, hold in all cases?-446.

No; in some cases, where the promise is authentically proved by written documents, it does not hold.

23. How far do courts of justice support a bond, or a promissory note, given voluntarily without consideration ?--446.

As every such instrument carries with it internal evidence of a good consideration, courts of justice will support them both, as against the contractor himself; but not to the prejudice of creditors, or strangers to the contract.

24. What are the most usual contracts whereby the right of chattels personal may be acquired?—446.

They are four: 1. That of sale or exchange; 2. That of bailment; 3. That of hiring and borrowing; 4. That of debt.

25. What is sale or exchange, and how are both regarded by the law ?-446, 447.

Sale or exchange is a transmutation of property from one man to another, in consideration of some price or recompense in value. If it be a commutation of goods for goods, it is more