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FORM OF BILL OF SALE.(a)
between A. B. of of the one part, and C. D. of of the other part, witnesseth that in consideration of the sum of
1. now paid to A. B. by C. D., the receipt of which the said A. B. hereby acknowledges (or whatever else the consideration may be], ho the said A. B. doth hereby assign unto C. D., his executors, administrators, and assigns, all and singular the several chattels and things specifically described in the schedule hereto annexed by way of security for the payment of the sum of 1., and interest thereon at the rate of per cent. per annum (or whatever else may be the rate]. And the said A. B. doth further agree and declare that he will duly pay to the said C. D. the principal sum aforesaid, together with the interest then due, by equal payments of I. on the (or whatever else may be the stipulated times or time of payment). And the said A. B. doth also agree with the said C. D. that he will [here insert terms as to insurance, payment of rent, or otherucise, which the parties may agree to for the maintenance or defeasance of the security].
Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C. D. for any cause other than those specified in section seven of the Bills of Sale Act (1878) Amendment Act, 1882.
In witness, &c.
witness' name, address, and description.]
Liability restricted to 101. in certain cases.
The Carriers Act.
11 GEO. 4 & 1 WILL. 4, c. 68. 1. No common carrier by land for hire shall be liable for the loss of or injury to any gold or silver coin of this realm, or of any foreign state, or any gold or silver in a manufactured or unmanufactured state, or ang precious stones, jewellery, watches, clocks, or timepieces of any description, trinkets, bills, bank notes of Great Britain or Ireland, orders, notes or securities for payment of money, stamps, maps, writings, title-deeds, paintings (6), engravings, pictures, gold or silver plate, or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials, furs, or lace (c), or any of them, contained in any parcel or package
(a) A bill of sale need not follow the form in the schedule literally, but it must substantially: (Davis v. Burton, 48 L. T. 433)
(6) A “ painting" must be a painting in the sense of a work of art, and not one which though valuable in itself, is yet used only for commercial or the like purposes. Whether a painting is within the Act is a question of fact for a jury: (Woodward v. London and North-Western Railway Company, 38 L. T. 321; 47 L. J. 263, Ex.)
(c) See 28 & 29 Vict. c. 94, infra.
which shall have been delivered either to be carried for hire, or to accompany the person of any passenger in any mail or stage coach, or other public conveyance, where the value of such property shall exceed 101., unless at the time of the delivery thereof at the receiving house of such carrier, or to his servant, for the purpose of being carried, or of accompanying any passenger as aforesaid, the value and nature of such property shall have been declared by the person sending or delivering the same, and such increased charge as hereinafter mentioned, or an engagement to pay the same be accepted by the receiver. 2. When a parcel containing any of the above specified articles Increased rate
of charge. shall be. so delivered, and its value and contents declared as aforesaid, and such value shall exceed 101., an increased rate of charge may be demanded, to be notified by a notice fixed in legible characters in some conspicuous part of the receiving house.(a)
3. The person receiving such increased rate of charge shall, if Receipt for thereto required, give a receipt, not liable to stamp duty, acknow- increased rato. ledging the parcel to have been insured. If such receipt shall not be given when required, or such notice as aforesaid shall not have been affixed, the carrier shall not have the benefit of this Act, but shall be liable as at the common law, and liable to refund the increased rate of charge.
4. The publication of notices shall not affect the liability of Effect of notice. carriers as to goods conveyed by them other than such in respect of which they may be entitled to the benefit of this Act.
5. For the purposes of this Act every office, warehouse, or “ Receiving receiving house, used for receiving parcels to be conveyed as aforesaid, shall be deemed a receiving house, and any one or more of such common carriers shall be liable to be sued by his name only, and no action for loss or injury to any parcel or person shall abate for non-joinder of any co-proprietor or co-partner.
6. Nothing in this Act shall annul or affect any special con- Special contract. tract for the conveyance of goods.
7. Where parcels in respect of which such increased charges Recovery of have been paid shall have been lost or damaged, such charges charges. may be recovered in addition to the value of the parcel.
8. This Act shall not protect carriers from liability to answer Felonious acts. for loss or injury to goods arising from the felonious acts of their servants, nor to protect such servants from liability for loss or injury occasioned by their own neglect or misconduct.(6)
(a) The characters of the writing must be so large that a person delivering
goods cannot fail to read it except through gross negligence : Clayton v. Hunt, 3 Camp. 27; Butler v. Heane, 2 Camp. 415.)
(6) If a carrier enters into a sub-contract with other parties respecting goods he has undertaken to carry, the servants of the latter are deemed to be in the employ of the carrier within this section: Machu v. London and South-Western Railway Company, 2 Es, 415.)
Proof of value.
9. Carriers shall be entitled to require from the party suing in respect of loss or injury, proof of the actual value of the contents of the parcel, by the ordinary legal evidence, and shall only be liable accordingly, together with such increased charges as aforesaid.
10. In actions against carriers for loss of or injury to goods, the defendant may pay money into court with the same effect as in other actions.
Payment into court.
Liability for logs or injury to animals or goods.
The Railway and Canal Traffic Act, 1854.
17 & 18 Vict. c. 31. 7. Every railway and canal company shall be liable for the loss of or injury (a) to horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability, every such notice, &c., being hereby declared to be null and void, provided that nothing herein contained shall prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, goods, &c., as shall be adjudged by the court or judge before whom any question relating thereto shall be tried, to be just and reasonable.
No greater damages shall be recovered for the loss of or injury to any of such animals beyond the following sums : For any horse
£50 For any neat cattle, per head
15 For sheep or pigs, per head ...
2 unless the person sending or delivering the same shall at the time have declared them to be of higher value, in which case the company may demand and receive for the increased risk a reasonable per-centage upon the excess, and which shall be paid in addition to the ordinary rate of charge.
The proof of the value of such animals, goods, &c., and the
other party shall be binding unless signed by such party, or by the person delivering such animals, goods, &c.
This Act shall not alter or affect the rights, privileges, or liabilities, of any such company under the Carriers Act (11 Geo.
(a) “Injury” includes deterioration of cattle from want of food or water: (Allday v. Great Western Railway Company, 34 L. J. 5, Q. B.)
4 & 1 Will. 4, c. 68), with respect to articles of the description therein mentioned.
The Carriers Act Amendment Act, 1865.
28 & 29 Vict. c. 94. By this Act the term “lace" in the 11 Geo. 4 & 1 Will. 4, c. 68, is not to include machine-made lace.
the same become inalienable.
9 GEO. 2, c. 36.
(Mortmain Act.) (a) 1. No lands, tenements, rents, or other hereditaments, cor- No lands, &c., poreal, or incorporeal, nor any sum or sums of money, goods, charitable uses chattels, stocks in the public funds, securities for money, or but by deed other personal estate to be laid out or disposed of in the purchase before death of thereof, shall be given, granted, aliened, limited, released, donor, &c. transferred, assigned, appointed, or any ways conveyed or settled, to or upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest whatsoever in trust or for the benefit of any charitable uses whatsoever, unless such gift, conveyance, appointment, or settlement of any such lands, tenements, or hereditaments, sum or sums of money, or personal estate (other than stocks in the public funds), be made by deed, sealed, and delivered in the presence of two or more credible witnesses, twelve calendar months at least before the death of such donor or grantor (including the days of execution and death), and be enrolled in Chancery within six calendar months next after the execution thereof; and unless such stocks be duly transferred six
(a) The Act extends to all property which savours of the realty, e.g., the unpaid premium of a lease (Shepheard v. Beetham, 6 Ch. Div. 597); money due on mortgage, even if the mortgage be for a term (Attorney-General v. Caldwell, Amb. 635); a vendor's lien for unpaid purchase-money (Harrison v. Harrison, 1 Russ. & M. 71); the proceeds of sale of real estate (Jeffereys v. Alexander, 31 L. J. 9, Ch.); leaseholds (Attorney-General v. Greaves Amb. 155). But the Act does not extend to arrears of rent (Edwards v. Hall, 6 De G. M. & G. 74); nor to shares in a trading company holding real estate for the purpose of its business (Linley v. Taylor, 1 Giff. 67; Myers v. Perigall, 2 De G. M. & G.599); nor to debenture stock, the nature of which is regulated by the Companies Clauses Act, 1863" (Attree v. Hawe, 9 Ch. Div. 337). And see other decisions on the Act in “The Student's Leading Cases,” pp. 155, et seq.
calendar months at least before the death of such donor or grantor (including the days of the transfer and death), and unless the same be made to take effect in possession, for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or any person claiming under him.
2. The said respective enactments as to sealing, &c., deeds, and transfer of stock within twelve and six months, shall not extend to any purchase or transfer made bonâ fide for full and valuable consideration paid at or before the making of such conveyance or
transfer, without fraud or collusion. Gifts made 3. Gifts, &c., in trust for charitable uses made in any other otherwise, void.
manner than as by this Act directed, shall be absolutely null and
void. Non-application. 4. The Act is not to apply to prejudice gifts to Oxford and
Cambridge Universities, or to the Colleges of Eton, Winchester, or
Westminster; butProviso as to 5. No college shall hold more advowsons than shall be equal colleges.
to one moiety of fellows, or where no fellows, to one moiety of students upon the foundation, except advowsons which are annexed to or given for the benefit of the headships of such colleges.
Notice before proceedings.
The Charitable Trusts Act, 1853.
16 & 17 Vict. c. 137. An Act appointing “ The Charity Commissioners for England and Wales," and conferring upon them certain powers as therein mentioned.
17 and 18. Before the commencement of legal proceedings as to any charity by any person, except the Attorney-General, notice shall be given to the board as mentioned in the Act; but this enactment shall not extend to proceedings in which property is claimed, or relief sought adversely to any charity ; and
19. The board may, on the report of an inspector, authorise the proceedings, although such notice be not given.
20. Where it appears to the board that proceedings are requisite or desirable with respect to any charity, the case may be certified to the Attorney-General, who (if he think fit) shall institute such proceedings as he shall consider requisite.
21. The board may sanction the granting of building and other leases, the working of mines, the doing of repairs, and making of improvements by the trustees of any charity, and may authorise the application of the charity funds or the raising of money on mortgage for those purposes.