Bills of Sale Act 1878

Bills of Sale Act 1878[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate and amend the Law for preventing Frauds upon Creditors by secret Bills of Sale of Personal Chattels.
Citation41 & 42 Vict. c. 31
Territorial extent England and Wales[b]
Dates
Royal assent22 July 1878
Commencement1 January 1879[c]
Other legislation
Repeals/revokesSee § Repealed enactments
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Bills of Sale Act 1878 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Bills of Sale Act 1878 (41 & 42 Vict. c. 31) is an act of the Parliament of the United Kingdom that consolidated enactments related to bills of sale of personal chattels in England and Wales.[1]

Provisions

Section 8 of the act required every bill of sale to which it applied to be attested by a solicitor and registered with the High Court within seven days of its execution, and to set out the consideration for which it was given, failing which it was void as against the grantor's trustee in bankruptcy and execution creditors so far as regarded chattels remaining in the grantor's possession or apparent possession. Section 11 of the act provided that registration had to be renewed at least once every five years.[2]

Repealed enactments

Section 23 of the act repealed 2 enactments, listed in that section.[3]

Citation Short title Extent of repeal
17 & 18 Vict. c. 36 Bills of Sale Act 1854 The whole act.
29 & 30 Vict. c. 96 Bills of Sale Act 1866 The whole act.

Subsequent developments

The Law Commission recommended in 2016 that the Bills of Sale Acts be repealed and replaced by a Goods Mortgages Act, and published a draft bill to that effect in 2017; the recommendation has not been implemented.[2]

Notes

  1. ↑ Section 1.
  2. ↑ Section 24.
  3. ↑ Section 2.

References

  1. ↑ Bills of Sale (PDF) (Report). Law Commission. 2016. Law Com No 369.
  2. 1 2 Raczynska, Magda. "Replacing Bills of Sale Acts" (PDF). Lloyd's Maritime and Commercial Law Quarterly.
  3. ↑ "Bills of Sale Act 1878", legislation.gov.uk, The National Archives, Vict/41-42 c. 31
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