December 1689 the rights claimed by the declaration were enacted with some alterations by the Bill of Rights, next to Magna Carta the greatest landmark in the constitutional history of England and the nearest approach to the written constitutions of other countries. The act (the full name of which is An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown), after reciting the unconstitutional proceedings of James II., the abdication of that king, the consequent vacancy of the crown, and the summons of the convention parliament, declared, on the part of the lords and commons, “for the vindicating and asserting their ancient rights and liberties”—
“(1) That the pretended power of suspending of laws or the execution of laws by regal authority without consent of parliament is illegal. (2) That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal. (3) That the commission for erecting the late court of commissioners for ecclesiastical causes, and all other commissions and courts of like nature, are illegal and pernicious. (4) That levying money for or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time or in other manner than the same is or shall be granted, is illegal. (5) That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal. (6) That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law. (7) That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law. (8) That elections of members of parliament ought to be free. (9) That the freedom of speech, and debates or proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament. (10) That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (11) That jurors ought to be duly impanelled and returned and jurors which pass upon men in trials for high treason ought to be freeholders. (12) That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void. (13) And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, parliament ought to be held frequently. And they do claim, demand and insist upon all and singular the premises, as their undoubted rights and liberties.”
The further provisions of the act were concerned with the settlement of the crown upon the prince and princess of Orange, with the exception of § 12, which negatived the right of dispensation by non obstante[1] to or of any statute or any part thereof, unless a dispensation be allowed in the statute itself or by bill or bills to be passed during the then session of parliament.
It is to be noticed that the Declaration of Right and the Bill of Rights introduced no new principle into the English constitution; it was merely a declaration of the law as it stood. In the United States, the main provisions of the Bill of Rights, so far as they are applicable, have been adopted both in the constitution of the United States and in the state constitutions.
BILL OF SALE, in its original sense, a legal document assigning personal property, and still used in connexion with the transference of property in ships. The term has come to be applied to mortgages as well as to sales, and the expression “bill of sale” may now be understood to signify generally a document evidencing a sale or mortgage of personal chattels, unaccompanied by an actual transfer of possession to the purchaser or mortgagor.
The first English legislation on the subject was the Bills of Sale Act 1854, which, after reciting that “frauds were frequently committed upon creditors by secret bills of sale of personal chattels, whereby persons are enabled to keep up the appearance of being in good circumstances and possessed of property, and the grantees or holders of such bills of sale have the power of taking possession of the property of such person to the exclusion of the rest of their creditors,” provided that all bills of sale, as defined in the act, should be void against execution creditors unless registered. This act was amended by the Bills of Sale Act 1866. These acts were repealed and a new act passed, the Bills of Sale Act 1878, which, in the main, followed the lines of the act of 1854. The scope of this legislation was very much widened by the Bills of Sale Act (1878) Amendment Act 1882, which was intended primarily “to prevent needy persons being entrapped into signing complicated documents which they might often be unable to comprehend, and so being subjected by their creditors to the enforcement of harsh and unreasonable provisions” (Manchester &c. Ry. Co. v. N.C. Wagon Co., 1888, 13 App. Ca. 554). The law is now regulated by these two acts, together with the Bills of Sale Acts of 1890 and 1891, which effected further small amendments by excluding from the operation of the principal acts instruments hypothecating, charging or declaring trusts on imported goods, during the interval between their unloading from a ship and their deposit in a warehouse, or re-shipping.
Under the acts of 1878 and 1882 bills of sale are of two kinds, i.e. absolute bills of sale (where chattels are sold absolutely to a purchaser), and bills of sale by way of security for the payment of money. The Bills of Sale Act 1878 governs both kinds and is the only act which applies to absolute bills. Bills of sale given by way of security for the payment of money on or after the 1st of November 1882 are governed by the act of 1882, which, however, does not apply to absolute bills. Section 4 of the act of 1878 defines a bill of sale as (1) including 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; the term assurance has been best explained as a document “on which the title of the transferee of the goods depends, either as the actual transfer of the property, or an agreement to transfer,” Marsden v. Meadows, 1881, 7 Q.B.D. 80; (2) powers of attorney, authorities or licences to take possession of personal chattels as security for any debt; these words would not include a power of distress for rent in an ordinary lease or bona fide hiring or hire purchase agreements; (3) 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; (4) any mode of disposition of trade machinery and attornments and other instruments giving powers of distress to secure a debt or advance. On the other hand, certain assurances and instruments are expressly exempt by statute from the definition: marriage settlements, assignments of ships, assignments for the benefit of creditors, bills of lading and dock warrants, and by the act of 1882, debentures and debenture stock of a company. The expression “personal chattels” is defined as goods, furniture and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops.
Absolute Bills.—Absolute bills of sale must be duly attested by a solicitor, and the attestation must state that before execution the effect of it was explained to the grantor by the attesting solicitor. The consideration must be truly stated. The bill of sale, and all schedules and inventories annexed to or referred to in the bill, and also a true copy of the bill and of every schedule and inventory and of every attestation, together with an affidavit stating the time of making or giving the bill, its due execution and attestation and the residence and occupation of the grantor, and every attesting witness, must be presented to, and the copies filed by, the registrar within seven clear days. In the case of absolute bills the effect of non-compliance does not affect the validity of the bill as between the parties to it, but makes it void as against the trustee in bankruptcy and execution creditors of the grantor.
Bills by Way of Security.—All bills of sale given by way of security for the repayment of money must be made in accordance with the form given in the schedule to the act of 1882, and they must not depart from the statutory form in anything which is not merely a matter of verbal difference. The form given in the schedule to the act is as follows:—
This Indenture made the day of between A. B. of of the one part and C. D. of of 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, 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 annum. And the said A. B. doth further agree and declare that he will duly pay to the said C. D. the principal sum aforesaid together with the interest then due, by equal payments of £ on the day of 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, &c.,- ↑ Non obstante (notwithstanding) means a licence from the crown to do that which could not be lawfully done without it.
