Page:The New International Encyclopædia 1st ed. v. 17.djvu/534

SALANGANE. 478 SALE. SALANGANE (Fr., from salumga, the native name), or KmuLE-NEsi Swu't. An Kast Indian swift of the yeiius Collocalia, of which 13 species are known in the Malayan and Australian re- gions. All are diminutive in size, dark-colored iihove and white below, with llie appearance and habits of swifts; and are of interest mainly be- cause their nests are in demand among the Chi- nese as the basis of a soup regarded as a luxury. These swifts breed in large companies in sea- fronting caves, attaching their small half-cup- like nests to the rock in the dark interiors of crevices and caverns. They have a glue-like con- sistency, and are formed mainly of a glutinous saliva produced by the bird, with which is fre- quently mixed other materials, as bits of straw, feathers, etc. The principal species is CoUocalia fuciphaga. See Plate of Swifts and Theib Nests. SALABY GRAB. In United States history, the term popularly applied to the general in- crease of the salaries of Federal oflicers in 1873. The act of Congress of March 3d of that year provided that the salary of the President should be increased from $2o.b00 to .$50,000 per year, that of the Chief .Justice of the Supreme Court should be $10,.500 instead of $8500, that of the Vice-President, Cabinet oflicers. associate justices, and Speaker of the House $10,000 instead of $8000, that of Senators and Representatives In Congress $7500 instead of $5000, and that of employees of both Houses according to simi- lar proportions. The chief objection to the act was that as regards members of Congress it was made retroactive for a period of two years. This feature aroused great popular indignation throughout the country, and the law was repealed by the act of .January 20, 1874, as regarded all its beneficiaries except the President and the justices. SALAYEB, sa-U'er (or SALEYER) ISL- ANDS. A group of islands in the Malay Archi- pelago, belonging to the Netherlands, and situ- ated south of Celebes (Map: East India Islands, F 6). Area, about 270 square miles, of which 250 square miles are covered by Salayer Island, the largest in the group. They are composed mainly of coralline limestone covered with very fertile soil, and are well forested with valuable timber. The chief products are tobacco, po- tatoes, indigo, and cotton, and excellent horses are exported to Celebes, with which there is regular steamship connection. The population of the group is about 80,000, chiefly Jlohammedan ^Malays engaged in commerce, fisheries, and preparation of trepang. SALDANHA, sal-dii'nva, .JoAO Carlos, Duke of (1791-1876). A Portuguese statesman, a grandson of Pombal, born at Arinhaga. He studied at Coimbra. served against the British, and was made a prisoner in 1810. On his re- lease he went to Brazil, where he was employed in the military and diplomatic services. He re- turned to Portugal after the declaration of the independence of Brazil. He became Minister of Foreign Affairs in 1825, and was Governor of Oporto in 1826-27. He joined Dom Pedro against the usurper Dom Miguel, with whom he con- cluded the convention of Evora. In 1835 he was made IMinister of War and president of the Coun- cil, but resigned in the same year. After the revolution of 1836, which he had instigated, he went into exile until recalled in 1846, when he formed a Ministry, which fell in 1841). In 1851 he organized a new revolt and became chief Min- ister as the leader of a coalition party formed of Septembrists and dissatisfied Chartists. He re- mained in power until the accession of Pedro II. in 1856. and was subsequently Minister to Rome (1862-64 and 1866-69). He "became Prime Min- ister once more for a few months in 1870 (May- August), and was sent in 1871 to London as Am- bassador, where he died. SALE. A town in Cheshire, England, subur- ban to Manchester (q.v. ). Population, in 1891, 9600; in 1901, 12,000. SALE or SALES (AS. sola, from sellan, Goth., OHG. sal jail, to give, sell; connected with Lith. sulyti, to proffer, offer). A contract where- by the absolute or general ownership of property is transferred from one person to another for a money consideration, or loosely for any considera- tion. In the latter case the transaction is more ac- curately called a barter, trade, etc. The term sales is used specifically by legal text writers of such transfers of personal property, the treatises on that subject being commonly said to treat of 'the law of sales.' For the treatment of the sub- ject in relation to land, or real property, see Conveyance; Deed; Real Property. Sale of Pessonal Property. A sale of per- sonal property is often spoken of as a 'bargain and sale' or an 'executed contract of sale,' to dis- tinguish it from a contract to sell ; that is. from a contract to transfer general ownership in the future. At common law this contract could be oi'al or written. By the Statute of Frauds (q.v.) a contract for the sale of goods must be in writ- ing if the price exceeds a specified sum, unless there is an acceptance and receipt of a part of the goods, or a part payment of the price. The general rule has been laid down by our courts that where a bargain is made for the purchase of specific existing goods, and no stipulation is made about payment and delivery, the ownership passes at once to the buyer, and the right to the price passes to tjie seller. In Roman law a sale was treated as a conveyance, and tradition, i.e. actual delivery, was necessary to the transfer of title. Again, Roman law required the pay- ment of the price by the purchaser as a condi- tion of title's passing, unless it was waived by the parties. Modern European codes, although founded on the Roman law. generally reject the latter rule, while continuing the former. The difference between a sale and various busi- ness transactions of a similar character is per- fectly clear in principle, although at times there is practical difficulty in determining to what class a particular venture belongs. In rare instances the general o^^•nership of personal property passes for a price without a contract. This is sometimes called a quasi sale. It occurs when one who has taken another's property without his consent is siied in trover (q.v.) for the value, and pays the judgment. Upon such payment it is generally held that title is to be treated as vesting in the wrongful taker, as of the date of taking. Reqtisites of a Valid Sale or Co>'tract to Sell. These are four : Competent parties : mutual assent: the existence of the personal property; and a price in money. The first two requisites have been considered, at sufficient length, in the article on contracts (q.v.). The last one has