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BILLS OF SALE (IRELAND) ACT 1879 - SECT 4

1978 c.23

4. In this Act the following words and expressions shall have the meanings in
this section assigned to them respectively, unless there be something in the
subject or context repugnant to such construction; (that is to say,)

The expression "bill of sale" shall include bills of sale, assignments,
transfers, declarations of trust without transfer, inventories of goods with
receipt thereto attached, or receipts for purchase moneys of goods, and other
assurances of personal chattels, and also powers of attorney, authorities, or
licenses to take possession of personal chattels as security for any debt, and
also any agreement, whether intended or not to be followed by the execution of
any other instrument, by which a right in equity to any personal chattels, or
to any charge or security thereon, shall be conferred, but shall not include
the following documents; that is to say, assignments for the benefit of the
creditors of the person making or giving the same, marriage settlements,
transfers or assignments of any ship or vessel or any share thereof, transfers
of goods in the ordinary course of business of any trade or calling, bills of
sale of goods in foreign parts or at sea, bills of lading, India warrants,
warehouse-keepers certificates, warrants or orders for the delivery of goods,
or any other documents used in the ordinary course of business as proof of the
possession or control of goods, or authorising or purporting to authorise,
either by indorsement or by delivery, the possessor of such document to
transfer or receive goods thereby represented:

The expression "personal chattels" shall mean goods, furniture, and other
articles capable of complete transfer by delivery, and (when separately
assigned or charged) fixtures and growing crops, but shall not include chattel
interests in real estate, nor fixtures (except trade machinery as hereinafter
defined), when assigned together with a freehold or leasehold interest in any
land or building to which they are affixed, nor growing crops when assigned
together with any interest in the land on which they grow, nor shares or
interests in the stock, funds, or securities of any government, or in the
capital or property of incorporated or joint stock companies, nor choses in
action, nor any stock or produce upon any farm or lands which by virtue of any
covenant or agreement or of the custom of the country ought not to be removed
from any farm where the same are at the time of making or giving of such
bill of sale:

Personal chattels shall be deemed to be in the "apparent possession" of the
person making or giving a bill of sale, so long as they remain or are in or
upon any house, mill, warehouse, building, works, yard, land, or other
premises occupied by him, or are used and enjoyed by him in any place
whatsoever, notwithstanding that formal possession thereof may have been taken
by or given to any other person:

["Prescribed" means prescribed by rules of court made under section 55 of the
Judicature (Northern Ireland) Act 1978.]

© 1879 Crown Copyright

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