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BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - LONG TITLE

An Act to amend the Bills of Sale (Ireland) Act, 1879.{1}
[26th April 1883]
Preamble rep. by SLR 1898

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 1
Short title.

1. This Act may be cited for all purposes as the Bills of Sale
(Ireland) Act (1879) Amendment Act, 1883; and this Act and the
Bills of Sale (Ireland) Act, 1879, may be cited together as the
Bills of Sale (Ireland) Acts, 1879 and 1883.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 2
Commencement of Act.

2. This Act shall come into operation on the first day of August
one thousand eight hundred and eighty-three, which date is
herein-after referred to as the commencement of this Act.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 3
Construction of Act.

3. The Bills of Sale (Ireland) Act, 1879, is herein-after referred
to as "the principal Act," and this Act shall, so far as is
consistent with the tenor thereof, be construed as one with the
principal Act; but unless the context otherwise requires shall not
apply to any bill of sale duly registered before the commencement
of this Act so long as the registration thereof is not avoided by
non-renewal or otherwise.

The expression "bill of sale," and other expressions in this Act,
have the same meaning as in the principal Act, except as to bills
of sale or other documents mentioned in section four of the
principal Act, which may be given otherwise than by way of security
for the payment of money, to which last-mentioned bills of sale and
other documents this Act shall not apply.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 4
Bill of sale to have schedule of property attached thereto.

4. Every bill of sale shall have annexed thereto or written thereon
a schedule containing an inventory of the personal chattels comprised
in the bill of sale; and such bill of sale, save as herein-after
mentioned, shall have effect only in respect of the personal
chattels specifically described in the said schedule; and shall be
void, except as against the grantor, in respect of any personal
chattels not so specifically described.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 5
Bill of sale not to affect after acquired property.

5. Save as herein-after mentioned, a bill of sale shall be void,
except as against the grantor, in respect of any personal chattels
specifically described in the schedule thereto of which the grantor
was not the true owner at the time of the execution of the bill
of sale.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 6
Exception as to certain things.

6. Nothing contained in the foregoing sections of this Act shall
render a bill of sale void in respect of any of the following
things; (that is to say,)

(1)Any growing crops separately assigned or charged where such crops
were actually growing at the time when the bill of sale was
executed.

(2)Any fixtures separately assigned or charged, and any plant, or
trade machinery where such fixtures, plant, or trade machinery are
used in, attached to, or brought upon any land, farm, factory,
workshop, shop, house, warehouse, or other place in substitution for
any of the like fixtures, plant, or trade machinery specifically
described in the schedule to such bill of sale.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 7
Power to seize except in certain events to be void.

7. Personal chattels assigned under a bill of sale shall not be
liable to be seized or taken possession of by the grantee for any
other than the following causes:

(1)If the grantor shall make default in payment of the sum or sums
of money thereby secured at the time therein provided for payment,
or in the performance of any covenant or agreement contained in the
bill of sale and necessary for maintaining the security;

(2)If the grantor shall become a bankrupt, or suffer the said goods
or any of them to be distrained for rent, rates, or taxes;

(3)If the grantor shall fraudulently either remove or suffer the
said goods, or any of them, to be removed from the premises;

(4)If the grantor shall not, without reasonable excuse, upon demand
in writing by the grantee, produce to him his last receipts for
rent, rates, and taxes;

(5)If execution shall have been levied against the goods of the
grantor under any judgment at law:

Defaults under consumer credit agreements.

[

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 7A

7A.(1) Paragraph (1) of section 7 of this Act does not apply to a
default relating to a bill of sale given by way of security for
the payment of money under a regulated agreement to which section
87(1) of the Consumer Credit Act 1974 applies:

(a)unless the restriction imposed by section 88(2) of that Act has
ceased to apply to the bill of sale; or

(b)if, by virtue of section 89 of that Act, the default is to be
treated as not having occurred.

(2) Where paragraph (1) of section 7 of this Act does apply in
relation to a bill of sale such as is mentioned in subsection (1)
of this section, the proviso to that section shall have effect with
the insertion after "High Court" of the words "or county court"]

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 8
Bill of sale to be void unless attested and registered.

8. Every bill of sale shall be duly attested, and shall be
registered under the principal Act within seven clear days after the
execution thereof, or if it is executed in any place out of
Ireland then within seven clear days after the time at which it
would in the ordinary course of post arrive in Ireland if posted
immediately after the execution thereof; and shall truly set forth
the consideration for which it was given; otherwise such bill of
sale shall be void in respect of the personal chattels comprised
therein.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 9
Form of bill of sale.

9. A bill of sale made or given by way of security for the
payment of money by the grantor thereof shall be void unless made
in accordance with the form in the schedule to this Act annexed.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 10
Attestation.

10. The execution of every bill of sale by the grantor shall be
attested by one or more credible witness or witnesses, not being a
party or parties thereto....

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 11
Local registration of contents of bills of sale.

11. Where the affidavit (which under section ten of the principal
Act is required to accompany a bill of sale when presented for
registration) describes the residence of the person making or giving
the same or of the person against whom the process is issued as
being situated elsewhere than within the county of the city of
Dublin or the county of Dublin, or where the bill of sale
describes the chattels enumerated therein as being in some place or
places outside the said county of the city of Dublin or the county
of Dublin, the registrar under the principal Act shall forthwith and
within three clear days after registration in the principal registry,
and in accordance with the prescribed directions, transmit an
abstract in the prescribed form of the contents of such bill of
sale to the [chief clerk] in whose district such place or places
is or are situate, and if such places are in the districts of
different [chief clerks], then to each such [chief clerk].

Every abstract so transmitted shall be filed, kept, and indexed by
the [chief clerk] in the prescribed manner, and any person may
search, inspect, make extracts from, and obtain copies of the
abstract so registered in the like manner and upon the like terms
as to payment or otherwise as near as may be as in the case of
bills of sale registered by the registrar under the principal Act.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 12
Bill of sale under #30 to be void.

12. Every bill of sale made or given in consideration of any sum
under thirty pounds shall be void.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 13
Chattels not to be removed or sold until five days after seizure.

13. All personal chattels seized or of which possession is taken
under or by virtue of any bill of sale (whether registered before
or after the commencement of this Act), shall remain on the
premises where they were so seized or so taken possession of, and
shall not be removed or sold until after the expiration of five
clear days from the day they were so seized or so taken possession
of.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 14
Bill of sale not to protect chattels against poor and other rates.

14. A bill of sale to which this Act applies shall be no
protection in respect of personal chattels included in such bill of
sale which but for such bill of sale would have been liable to
distress under a judgment, decree, or warrant for the recovery of
taxes, poor rates, county cess, or other rates [(including regional
rate and district rate under the Rates (Northern Ireland) Order
1977)].

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 15
Repeal.

15. . . . all . . . enactments contained in the principal Act
which are inconsistent with this Act are repealed....

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 16
Inspection of registered bills of sale.

16. . . . any person shall be entitled at all reasonable times to
search the register, on payment of a fee of [50p], or such other
fee as may be prescribed, and subject to such regulations as may
be prescribed, and shall be entitled at all reasonable times to
inspect, examine, and make extracts from any and every registered
bill of sale without being required to make a written application,
or to specify any particulars in reference thereto, upon payment of
[50p] for each bill of sale inspected, and such payment shall be
made by a judicature stamp: Provided that the said extracts shall
be limited to the dates of execution, registration, renewal of
registration, and satisfaction, to the names, addresses, and
occupations of the parties, to the amount of the consideration, and
to any further prescribed particulars.

BILLS OF SALE (IRELAND) ACT (1879) AMENDMENT ACT 1883 - SECT 17
Debentures to which Act not to apply.

17. Nothing in this Act shall apply to any debentures issued by
any mortgage, loan, or other incorporated company, and secured upon
the capital stock or goods, chattels, and effects of such
company.This Indenture made the day of , between A.B. ofof the one
part, and C.D. ofof the other part, witnesseth that in consideration
of the sum of # 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], he 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 #, and
interest thereon at the rate of per cent. per annum [or whatever
else may be the rate]. And the said A.B. doth agree and declare
that he will duly pay to the said C.D. the principal sum
aforesaid, together with the interest then due, by equalpayments of
# on the day of [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 otherwise, 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 (Ireland) Act (1879) Amendment Act, 1883.

Signed and sealed by the said A.B. in the presence of me E.F.
[add witness' name, address, and description].