Home >> Chamber's Encyclopedia, Volume 2 >> Bicanere to Blois >> Bill of Sale

Bill of Sale

ownership and creditors

BILL OF SALE is a writing under seal, evidencing a grant or assignment of chattels personal. The occasions to which these instruments are commonly made applicable are sales of fixtures and furniture in a house, of the stock of a shop, of the good-will of a business, of an office, or the like. But their most important use is in the transfer of property in ships, which, being held in shares, cannot, in general, be delivered over on each change of part ownership. Such bill of sale may be either absolute or conditional; in the former case, operating as a conveyance, and in the latter, as a security. By the 17 and 18 Vict. c. 36, passed to prevent frauds upon creditors by secret bills of sale, it is provided that every bill of sale must be filed in the court of queen's bench within 21 days after its execution, together with an affidavit of the time of such bill of sale being given, and a description of the residence and occupation of the deponent, and of every attesting witness of such bill of sale, otherwise it will be void, as against assignees in bankruptcy and insolvency, and creditors. The residence and occupation of each attest

ing witness should appear iu the bill of sale, and also in the affidavit.

Notwithstanding these precautions, the practice of disposing of various kinds of movable property, more particularly household furniture and stocks of goods in trade by bill of sale, lead's to great and injurious deceptions; for as the seller, by an arrange ment with the buyer, sometimes retains possession, and is in the eye of the world us much the proprietor as ever, lie is enabled to carry on his affairs, and get credit as usual. SCC REPUTED OWNERSHIP.