nees. In an action by Crawshay & Co. against Eades for converting the iron, it was held that they were entitled to recover, for the right to stop in transitu continued until delivery was completed, and the property in the iron had not passed to Hornblower, but remained in Crawshay & Co. (a)

(a) Crawshay v. Eades, 1 B. & C. 181.

CHAPTER II.

FRAUDULENT SALES OF CHATTELS.

8 FRAUDULENT SALES OF CHATTELS.

§ All sales of goods and chattels, made with the intention of hindering, delaying, or defrauding creditors, are fraudulent and void, as against the creditors. (b)

§ The question of fraud, or no fraud, is for the jury.

§ Chattels are frequently conveyed and mortgaged by bill of sale, and are left in the possession of the assignor. In consequence of which the latter obtains a fictitious credit, through being held out to the world, as owning what really belongs to another. The legislature, with the view of securing notoriety to all transfers of chattels, where the vendee does not at once remove his purchases, has passed the Bills of Sale Acts

17 & 18 Vict. c. 36.

29 & 30 Vict. c. 96.

41 & 42 Vict. c. 31.

The first two of these statutes are only in force in relation
to bills of sale executed before January, 1879, as, the
41 & 42 Vict. repeals them from that date. And bills of
sale executed after January, 1879, are governed by the
latter statute.

A BILL OF SALE under these Acts of Parliament is void as
against trustees in bankruptcy and execution creditors.
In cases where the chattels conveyed remain for more than

(by the old Act twenty-one days), by the Act of 1878,
seven days after the execution of the bill of sale in the
possession, or apparent possession, of the assignor. (c)

(b) 13 Eliz. c. 5 ; 29 Eliz. C. 5.

(c) 17 & 18 Vict. c. 36; 41 & 42 Vict. c. 31, s. 8.

Illustration. Coundon, a seafaring man, had some furniture at No. 5, Nelson Street, Sunderland. He gave Robinson a bill of sale over it to secure an advance of £250, and went to sea. His wife then removed the furniture to two rooms in No. 12, Ward Street, and went to live with her daughter-in-law. Coundon returned in two years time, and joined his wife at the daughter-in-law's. Robinson demanded the furniture, and Coundon directed his wife to deliver to him the keys of No. 12, Ward Street. This was done, and Robinson locked up the house, but did not remove the furniture. Next day the sheriff put in an execution on a judgment obtained against Coundon, and seized the furniture. The bill of sale was not registered. It was held that the bill of sale did not require registration, as Coundon not being a de facto occupier of No. 12, Ward Street, the goods were not in his apparent possession. (a)

UNLESS

(i) Within (by the old Act twenty-one days), by the Act of 1878, seven days of such execution there be registered in the Queen's Bench

1. A true copy of the bill of sale, with its schedules (By the old Act the

and inventories annexed.

bill of sale, &c., itself.)

2. An affidavit declaring

(a.) The time of the execution of the bill of sale. (3.) Its due execution and attestation.

(7) A description of the residence, and occupation of the assignor, and the attesting witness. (b)

*

[This is only required under the Act of 1878.]

(a) Robinson v. Briggs, L. R. 6, Ex. 1.

(b) 41 & 42 Vict. c. 31, s. 10.

(ii) The bill of sale be re-registered every five years. (iii) The bill of sale be attested by a solicitor. (c) (iv) The attestation states that, before execution, the attesting solicitor had explained to the grantor the effect of the bill of sale. (c)

(v)

The consideration is set forth in the bill of sale. (d)

(c) 41 & 42 Vict. c. 31, s. 10.

(d) 41 & 42 Vict. c. 31, s. 11.

F

CHAPTER III.

OF A SALE OF GOODS WITH A WARRANTY, ON A CONDITION PRECEDENT, AND BY FRAUDULENT REPRESENTATIONS.

I. A WARRANTY is a collateral promise appended to a contract of sale, either

(i) Expressly, or

(ii) Impliedly.

§ Failure of the warranty does not entitle the vendee to treat

the sale as void, to return the thing bought, and demand
back the price paid. He must keep his purchase, and
bring his action for damages on the warranty.
For instance. If Jones sells Smith a horse, and warrants

him sound, and the horse turns out to be spavined,
the sale of the horse is a good sale. It is the collateral
promise that he is sound which has been broken.
Smith therefore cannot return the horse; his remedy
is on the warranty.

1. AN EXPRESS WARRANTY is an assertion, in terms, of a fact, of which the purchaser is ignorant; and is confined to that fact.

Illustration. Gupp sold Dickenson a horse, and gave him a receipt in the following terms: "Received £100 for a bay gelding got by 'Cheshire Cheese;' warranted sound." This was held to be an express warranty as to his soundness only; and not as to his parentage. (a)

2. AN IMPLIED WARRANTY is a promise, which, from the nature

(a) Dickenson v. Gupp, quoted in Budd v. Fairmaner, 8 Bing. 48.