BILL OF SALE
Contracts. An agreement in writing, under seal, by which a man
transfers the right or interest he has in goods and cbattels, to
another. As the law imports a consideration when an agreement is made by
deed, a bill of sale alters the property. Yelv. 196; Cro. Jac. 270 6
Co. 18.
2.
The Act of Congress of January 14, 1793, 1 Story, L. U. S. 276,
provides, that when any ship or vessel which shall have been registered
pursuant to that act, or the act thereby partially repealed, shall in
whole or in part be sold or transferred to a citizen of the United
States, in every such sale or transfer, there shall be some instrument
or writing in the nature of a bill of sale, which shall recite at length
the certificate of registry; otherwise the said ship or vessel shall be
incapable to be registered anew.
3.
In England a distinction is made between a bill of sale for the
transfer of a ship at sea, and one for the conveyance of a ship in the
country; the former is called a grand bill of sale, the latter, simply, a
bill of sale. In this country there does not appear to be such a
distinction. 4 Mass. 661.
4.
In general, the maritime law requires that the transfer of a ship
should be evidenced by a bill of sale. 1 Mason, 306. But a contract to
sell, accompanied by delivery of possession, is sufficient. 8 Pick. 86
16 Pick. 401; 16 Mass. 336; 7 John. 308. See 4 Mason, 515; 4 John. 54 16
Pet. 215; 2 Hall, 1; 1 Wash. C. C. 226.
__________________
Templates: Create a Bill of Sale Forms
No comments:
Write comments