The pledgee may, at some law, spon the defach of the pleigon sell the pledge or pawn ar patile sale.

These sales are variously called jelital sales forced males, involuntary sales, public sales and execution sula Between execution sales and in halal sales there is however, a distinction. The former is at common lav, made under the authority of a writ of fii farine Mthat yea cause to be made out of the goods or lands the amount of the calm, which directs the cffer to seize and sell the property of the execution debtor for the satisfaction of the judgment. A judicial sale is one in which gesto property is sold under process of a ecurt of competent jaríediction, being a judgment is rem. Judicial sales are he'd not to be within the Statute of Frauds, although execation sales are.

Blagden v. Bra bear, 12 Ves 446

These official sales are all more or less governed by statutes, and the formalities must be carefully observed. Chambers v. Jones, 72 IL 275

Purchasers at such sales are protected when power to sell is expressly given.

Gray v. Brignardello, 1 Wall. 634.

Osterman v. Baldwin, 6 Wall. 122.

The subject of judicial sales, however, is a separate branch of the law, and the student is referred to the special text-books upon the topic. For illustrations of void judicial sales, see

Bartholomew v. Warren, 32 Conn. 102.

Caldwell v. Walters, 18 Pa. St. 79.

Laval v. Rowley, 17 Ind. 36.

§ 9. Master of a Ship:

By the law of shipping, the master of a ship, if his vessel be in distress, or wrecked, in some place away from home, where, however, there is still opportunity to sell the ship or its cargo, may sell either the whole of the property, if necessary, or such portion of it as the situation may absolutely require. The doctrine, however, is only a special kind of agency, in which the master, in the emergency, has authority to act for the owners. It is now becoming less frequent in its application, owing to the increased possibilities of communication, by telegraph and cable, with all parts of the commercial world, whereby the master may obtain definite instructions from the home port.

The Amelie, 6 Wall. 26.

Meyers v. Baymore, 10 Pa. St. 114.

§ 10. Factors, Commission Merchants:

Factors, or commission merchants, differ from other agents to sell, as, for example, brokers, in that a factor is intrusted with the goods to be sold and sells them in the capacity of a bailee. This doctrine is, however, merely a branch of the law of agency. The principles relating to sales by ordinary factors apply, equally, to factors

who sell under a del credere1 commission, which is simply a further stipulation whereby the factor, in return for an additional commission, guarantees to his principal the payment when goods are sold on credit.

Bradley v. Richardson, 23 Vt. 720.

§ 11. Factors Acts:

Acts known as "Factors Acts" (see Appendix) exist in a number of states, for example, in New York, Maryland, Maine, Massachusetts, Ohio, Pennsylvania, Rhode Island and, possibly, in other states. Their object is to increase the authority of factors beyond that conferred upon them by common law, by permitting them, for example, to pledge, under certain circumstances, the goods intrusted to them. Such laws also aim to give greater protection to the title acquired by bona fide purchasers from factors, by making the possession of the goods or bill of lading by actual factors conclusive evidence of the authority of such factors to sell.

Warner v. Martin, 11 How. (U. S.) 209.

Price v. Wisconsin Marine Ins. Co., 43 Wis. 267.
Dorrance v. Dean, 106 N. Y. 203.

§ 12. Factors, continued:

Sales by factors are subject to certain rules of the law of agency which cannot be dwelt upon here. Factors, however, must act within their authority to protect even innocent purchasers. Moreover, the goods intrusted to factors cannot be executed upon to satisfy judgments in favor of creditors of such factors, and if the goods are so sold the purchaser gets no title against the principal.

Romeo v. Martucci (Conn., 1900), 47 L. R. A. 601.

Barnes Safe & Lock Co. v. Bloch Bros. (W. Va.), 22 L. R. A. 850. (See note to this case.)

Schloss v. Feltus, 103 Mich. 525, 36 L. R. A. 161 (and note).

1 Del credere (Italian), "of belief, or trust."