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THE

BILLS OF SALE ACTS

1878 AND 1882.

THE

BILLS OF SALE ACTS

1878 AND 1882.

WITH NOTES SHOWING THE ALTERATION IN THE LAW

AS AFFECTED BY THE ACT OF 1882,

AND APPENDICES

OF

STATUTES, RULES OF COURT, FORMS AND PRECEDENTS.

BY

MICHAEL G. GUIRY, LL.B.

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

BIBLIOTHEC

007 1882

BODLEIANAY

LONDON:

WATERLOW AND SONS LIMITED,

LONDON WALL, E.C.

1882

LONDON:

WATERLOW AND SONS LIMITED,

LONDON WALL.

INTRODUCTION.

ΑΝ

N attempt is made in the following pages to furnish the legal profession with a useful hand-book in offices and courts where a law library is not at hand. The writer has found in practice that although quotations from text-books may be faithful representations of the expressions of learned judges, yet, since the ipsissima verba of the judgments are not given, courts refuse to act upon the authority of such quotations. As far as possible, therefore, the facts of cases are here given, together with such portions of judgments as are relevant; and it is thereby hoped that the book may be more useful to practitioners than if it contained in a sentence the result of each case. Of course this plan is necessarily restricted, but it has been adopted as far as possible where principles have to be explained.

It may be well here to state shortly the alterations made in the law by the Act of 1882. The first material change is to limit its application to bills of sale given only by way of security for the payment of money. It further provides that a schedule must be annexed to every bill of sale to which it applies, otherwise, save in the case of fixtures brought by way of substitution for fixtures mentioned in the schedule, and growing crops, the bill of sale shall be void except as against the grantor. It also limits the power of seizure to the cases specified in section seven, gives a form in accordance with

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