the bill of sale on the certificate of registry; but if the vessel be at sea, as the certificate of registry cannot be obtained, the bill of sale must be taken to the custom-house, within thirty days after its execution, for the purpose of registry; and after the arrival of the vessel in the port, the certificate of registry should be produced there within thirty days after such arrival. (a)

There is no jurisdiction in bankruptcy to compel a bankrupt to perfect the bill of sale of a ship. (b)

Neither an action for damages, nor a bill for specific performance, can be maintained on a contract for the purchase of a ship. (c)

An unregistered bill of sale, though inoperative to transfer the ownership in the ship, is not void for other purposes. Thus, if it profess to assign the freight as well as the ship, it will be an effectual assignment of the freight, though void as to the ship. (d)

VI. OF TITLES OF LITERARY PROPERTY.

By the 8 Ann. c. 19, amended by the 15 Geo. III. c. 53, and 54 Geo. III. c. 156, an author or his assignees shall have the sole liberty of printing and reprinting his works for twenty-eight years, and no longer; unless at the end of that period the author himself shall be living, when he shall have the like privilege for the rest of his life. The interest of an author in his works is therefore clearly assignable;

(a) See Dixon v. Ewart, 3 Mer. 322, S. C. 1 Buck. B. C. 94. 682. (b) Ex parte Stewart, In re Obrien, 1 Gl. & Jam. 344.

(c) Biddell v. Leeder, 2 Dow. &

Ry. 52. Brewster v. Clarke, 2 Mer.

75.

(d) Mestaer v. Gillespie, 11 Ves. 629.636.

but the instrument of assignment must be in writing. (a) And an agreement that a person shall have the exclusive publication of a work in England, does not make him the assignee of the copyright, nor does it entitle him to maintain an action for piracy; (b) but a valid assignment will sometimes be presumed. (c) If an author transfer all his right or interest in a publication, and he survives the twenty-eight years, and thereby becomes entitled to a renewal of the term, the residue of the interest in the work will result to the assignee, and not to the author. (d) This was decided under the old act; but the principle equally applies to the last act.

An author whose works have been published more than twenty-eight years before 54 Geo. III. c. 156, is not entitled to the copyright for his life. (e)

By the 8 Geo. II. c. 13, (f) the sole right of printing and reprinting is vested for the term of twentyeight years in all and every person who shall invent or design, engrave, etch, or work in mezzotinto or chiaro oscuro, or from his own work, design, or invention, shall cause or procure to be designed, engraved, etched, or worked in mezzotinto or chiaro oscuro any historical print or prints, or any print or prints of any portrait, conversation, landscape, or architecture, map, plan, or chart, or any print or prints whatsoever; and the 17 Geo. III. c. 57, gives a special action on the ease to recover damages for any infraction of such right.

(a) Clementi v. Walker, 2 B. & C. 861.

(b) Power v. Walker, 4 Camp. 8; 3 M. & S. 7, S. C.

(c) Moore v. Walker, 4 Camp.

9 n.

(d) Carnan v. Bowles, 2 Bro. C. C. 80.

(e) Brooke v. Clarke, 1 B. & A. 396, S. C.; 1 Swanst. 550.

(f) Amended and extended by the 17 Geo. III. c. 57.

L

In order to entitle a party to the penalty imposed by the statute of 8 Geo. II., it has been determined that the date and the name of the engraver must be engraved on the print, (a) although it is doubtful whether an injunction cannot be maintained, although neither name nor date are affixed. (b) And in a case at nisi prius, it was held that an action might be maintained, although the proprietor's name was not inscribed. (c)

It will be proper, considering the state of the authorities on the point, for the purchaser of an engraving or map, to see that the name of the propretor and the date be both given on the plate. (d)

The courts of this country will not protect the literary property of a foreigner. (e)

VII. TITLES OF GOODS.

In tranfers of goods lying in the East and West India Docks, the transfer of the dock warrants is a complete transfer of the possession; and the possession of them a complete evidence of ownership. (ƒ) Goods in a warehouse are generally transferred by notice to the warehouse keeper. (g)

(a) Sayer v. Dicey, 3 Wils. 60. Thompson v. Symonds, 5 T. R. 41.

(b) Blackwell v. Harper, 2 Atk. 95; 3 Barnard. 213; and see Jefferys v. Baldwin, Ambl. 164; Harrison v. Hogg, 2 Ves. jun. 323.

(c) Roworth v. Wilks, 1 Camp. 97. (d) As to the common law right of an author to his literary productions, see Donalson v. Beckett, 2 Bro. Parl. Cas. 129. Toml. ed.

(e) Delandre v. Shaw, 2 Sim. 237. (f) Lucas v. Dorrien, 1 J. B. Moo. 29. Greening v. Clarke, 4 B. & C. 316; 6 Dow. & Ry. 375.

(g) Knowles v. Horsfall, 5 B. & A. 134. Jones v. Dwyer, 15 East, 21, S. C.; 1 Rose, 339. Robinson v. M'Donnell, 2 B. & A. 134. Storer v. Hunter, 3 B. & C. 368, S. C.; 5 Dow. & Ry. 240. Thornhill, 7 Taunt. 149.

Burton v.

VIII. TITLES OF GOODWILLS.

It seems to be settled that a court of equity will not execute a contract for the sale of a goodwill of a trade or business; it will leave the parties to their legal remedies. (a) But where there is something more than the mere goodwill contracted for, as the possession of a house, equity will, perhaps, entertain a suit for the performance of the contract; (b) but in such a case, time will be of the essence of the contract. (c)

The sale of the goodwill of trade or business, even of a professional man, will however be valid at law. (d)

In such contracts the purchaser should always insist upon a covenant or agreement from the vendor that he will not engage in the same business in the same place, and to pay a sum by way of stipulated damages; as if such a precaution be not taken, it is at least very doubtful whether a vendor may not thus deprive the purchaser of the benefit of the goodwill. (e)

CHAPTER X.

OF ABSTRACTS OF TITLE UNDER CO-TENANTS.

It will now be proper to consider abstracts of title under co-tenants; and this chapter will be divided into-I. Titles under tenants by entireties.-II. Titles under joint-tenants.-III. Titles under coparceners. -IV. Titles under tenants in common:-and V. Titles under partners.

I. TITLES UNDER TENANTS BY ENTIRETIES.

A tenancy by entire ties is created by a gift to two persons, being, at the time when the gift takes place, husband and wife. (a)

Under' this tenancy the husband has not any right as against the wife to alien any part of the lands, nor can he, by the common law, forfeit them by attainder or otherwise; (b) but on the death of the husband,

(a) Co. Litt. 112. 187; Wing. Max. 211; 5 T. R. 654. Moody v. Moody, Ambl. 649.

(b) Winbush and Talboy's case, Plow. Com. 58 b.; Co. Litt. 187 b.