Enquire Within Upon Everything Part 135

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1605. Limitation of Recovery of Land or Real Estate.

A person becoming ent.i.tled to any land or real estate, must bring an action to recover it within _twelve_ years from the time when his right accrued, otherwise his claim will be barred by the "Statute of Limitations."

1606. Recovery of Damages by Workmen from Employer.

By the "Employers' Liability Act," 1880, a workman may recover from his employer damages for personal injuries sustained by him in the course of his employment, if the accident happen through any one of the following causes:

i. A defect in the way, works, machinery, or plant used in the employer's business, and which defect the employer negligently allows to remain unremedied.

ii. The negligence of some superintendent or overlooker in the service of the employer.

iii. The negligence of the foreman or other person in the service of the employer, whose orders or directions the workman was bound to obey and did obey.

iv. The act or omission of any person in the service of the employer done or made in obedience to the rules, bye-laws, or instructions of the employer.

v. The negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway.

1607. Amount Recoverable.

The largest sum which a workman can recover in any of the above cases is limited to the amount of the average earnings for _three_ years of a person in his situation.

1608. Notice to Employer.

Notice in writing of the injury must be given to the employer, or sent by registered post, giving the name and address of the person injured, the date of the accident, and stating in ordinary language the cause of the injury.

1609. Actions for Compensation to be brought in County Court.

All actions for compensation under the above Act must be brought in the County Court, and commenced within six months of the accident, or, in case the workman die and the action is brought by his representatives, then within _twelve_ months from his death.

1610. Bills of Sale.

The "Bills of Sale Act," which came into operation on November 1, 1882, effects several noteworthy changes of the utmost importance. It repeals part of the Act of 1878, which repealed the Act of 1854.

1611. What the term "Bill of Sale" includes.

The term "bill of sale" is made to include, in addition to those a.s.signments of personal property which were within its meaning under the Act of 1854, "inventories of goods with receipt thereto attached; and receipts for purchase-moneys of goods," where the goods remain in the possession of the seller, and also an agreement to give a bill of sale.

1612. What the term "Personal Chattels" includes.

The term "personal chattels" has also a wider meaning than under the old law, as it includes fixtures and growing crops when separately a.s.signed, and trade machinery when a.s.signed, together with an interest in land so as to require registration.

1613. Chief Provisions of the Act.

All bills of sale made or given in consideration of any sum under 30 are void. No bill of sale executed after the Act shall be any protection to the goods comprised therein against distress for poor and other parochial rates.

1614. Instruments giving Powers of Distress.

Certain instruments giving powers of distress are also to be registered under the Act to be of any validity against the trustees in bankruptcy or execution creditors.

1615. Registration of Bill of Sale.

Every bill of sale must be registered within _seven_ days of its making, instead of within _twenty-one_ days as under the old law; and provision is made to prevent the evasion of the Act of 1878 by means of renewed bills of sale in respect of the same debt--a practice much resorted to up to the pa.s.sing of that Act in order to avoid registration.

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1616. Renewal of Registration.

Registration of unsatisfied bills of sale must he renewed every _five_ years.

1617. Voidance of Bill of Sale.

A bill of sale executed within seven days after the execution of a prior unregistered bill of sale, if comprising all or part of the same chattels, and if given as a security for the same debt or any part thereof, will be absolutely void.

1618. Bills of Sale to be Executed in presence of Solicitor.

To prevent necessitous persons being inveigled by sharpers into signing bills of sale for sums in excess of advances, or in blank, as has been done in some cases, every bill of sale had to be executed in the presence of a solicitor, but under the Bills of Sale Act, 1882, this is no longer imperative, the condition only affecting bills drawn under the Act of 1878.

1619. Preserving Fruit.

The grand secret of preserving is to deprive the fruit of its water of vegetation in the shortest time possible; for which purpose the fruit ought to be gathered just at the point of proper maturity. An ingenious French writer considers fruit of all kinds as having four distinct periods of maturity--the maturity of vegetation, of honeyfication, of expectation, and of coction.

1620. The First Period.

The first period he considers to be that when, having gone through the vegetable processes up to the ripening, it appears ready to drop spontaneously. This, however, is a period which arrives sooner in the warm climate of France than in the colder orchards of England; but its absolute presence may be ascertained by the general filling out of the rind, by the bloom, by the smell, and by the facility with which it may be plucked from the branch. But even in France, as generally practised in England, this period may be hastened, either by cutting circularly through the outer rind at the foot of the branch, so as to prevent the return of the sap, or by bending the branch to a horizontal position on an espalier, which answers the same purpose.

1621. The Second Period.