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Excerpt from The Law of Bills of Sale: Containing a General Introduction in Ten Chapters, the Text of the Repealed Statutes, the Bills of Sale Acts, 1878 to 1891, With Notes and an Appendix of Forms
HE object of this book is to furnish a Commentary on the Bills of Sale Acts in direct connection, as far as possible, with the language of the Acts; With-this view certain topics capable of separate treatment are dealt 'with in a general intro duction, and in the later parts of the work the repealed Acts are printed for reference, and the Acts now in force are fully annotated in chronological order. The Author trusts that the book will be thought sufficiently distinctive in method to justify its publication, and that practitioners will find it a convenient and trustworthy guide to a peculiarly difficult subject.
There are some features of novelty in the interpretation of the Acts put forward in this book, to the more important of which it seems right to call attention here.
I. It is pointed out that Section 4. Of the Act of 1878 lays down two rules relating to fixtures, that trade machinery is excepted out of the negative rule, but not out of the affirmative rule, and consequently that Section 5 must be read as logically dependent upon the negative rule in Section 4. This distinction is essential for the determination of the question whether an instrument assigning or charging trade machinery is a Bill of Sale within Section 4, or is merely deemed to be a Bill of Sale under Section 5.
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