New Commentaries

ON THE

LAWS OF ENGLAND

(PARTLY FOUNDED ON BLACKSTONE)

"For hoping well to deliver myself from mistaking, by the order and perspicuous expressing "of that I do propound, I am otherwise zealous and affectionate to recede as little from "antiquity, either in terms or opinions, as may stand with truth, and the proficience of know"ledge."-Lord Bac. Adv. of Learning.

BY

JAMES STEPHEN, Esq., LL.D.,

JUDGE OF COUNTY COURTS.

The Eighth Edition.

[PREPARED FOR THE PRESS BY HENRY ST. JAMES STEPHEN,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.]

BUTTERWORTHS, 7, FLEET STREET,

Law Publishers to the Queen's most excellent Majesty.

HODGES, FOSTER & CO., GRAFTON STREET, DUBLIN.

CALCUTTA: THACKER, SPINK & CO. MELBOURNE: GEORGE ROBERTSON.

LONDON:

C. F. ROWORTH, PRINTER, BREAM'S BUILDINGS, CHANCERY LANE, E.C.

VOLUME II.

Book II.

OF RIGHTS OF PROPERTY-continued.

PART II.

OF THINGS PERSONAL

CHAP. I.

OF THINGS PERSONAL IN GENERAL, AND OF PROPERTY THEREIN.

Of Chattels Personal

PAGE

.. 1

2

Of Joint Tenancy and Tenancy in Common in Chattels Personal

Of Equitable Interests in Chattels Personal

13

14

CHAP. II.

OF TITLE TO THINGS PERSONAL; AND, FIRST, OF TITLE BY OCCUPANCY.

Of Title by Occupancy

15

Of Hostile Capture

16

Of the Capture of Animals Fera Nature, and the Law relating to

Game

18

Of Title by Accession

21

Of Title by Confusion or Intermixture

22

Of Fraudulent Gifts and Assignments

Of the Transfer of Coin and Negotiable Instruments

CHAP. V.

OF TITLE BY CONTRACT.

43

45

46

47

48

49

51

Of Promises

53

Of Specialty and Simple Contracts

ibid.

Of Contracts written and verbal, and of the Statute of Frauds..

54

Of Specialty and Simple Contract Debts, and Debts of Record..

142

Of the Proceedings after Adjudication of Bankruptcy

154

Of the Effect of the Bankruptcy on the Property of the Bankrupt..

Of Liquidation by Arrangement and Composition

163

174

CHAP. VII.

OF TITLE BY WILL, AND BY ADMINISTRATION.

Of acquiring Personal Estates by Will and by Administration

Of the original State of the Law as to bequeathing Personalty..

Of the Law of Pars Rationabilis..

Of the present Power of bequeathing Personalty..

Of the Ecclesiastical Jurisdiction over Wills and Administrations..

Of the Capacity to be Testator

Of the Solemnities of Wills

Of the Appointment of an Executor

Of Probate ..

Of the Grant of Administration

Of Next of Kin

178

179

180

..

181

183

185

187

189

ibid.

192

ibid.