104 



SAI.I.ANHA 



SALE 



born on ITtli Novcmlicr 1790, a grandson of the 

 'Great MarquiH,' Poinbal, and great-grandson of 

 the Austrian Marshal Daun. He was educated at 

 Lisbon and entered the army. When the French 

 invaded Portugaj he took the patriotic side, and 

 fought with distinction at Bu&uco, San Sebastian, 

 Nive, &c. From 1817 to 1822 he was in South 

 America, and took a leading part in the struggle 

 between Brazil and Montevideo, after the capture 

 of which last town he was nominated viceroy of the 

 province. When, however, Brazil declared herself 

 independent of Portugal, Saldaiiha returned to 

 Lisbon, and in 1825 was apj>ointed governor of 

 Oporto. A nuxlerate constitutionalist, he took 

 the part of Dom Pedro against Dom Miguel (see 

 PORTUGAL), helping to defend Oporto in 1833, 

 beating off repeated attacks upon Lisbon (for 

 which he was created marshal), gaining the 

 victories of Pernes and Almoster, taking Lei Ha 

 and Santarem, anil linally forcing Miguel to si^-n 

 the convention of Evora Monte (26th May 1834) 

 and leave Portugal. During 1836-46 the extreme 

 democratic party were in power and Saldanha lived 

 partly in exile, partly in retirement, partly em- 

 ployed on diplomatic and other public business 

 abroad. Meanwhile Portugal was in a most un- 

 settled and disorderly state. Saldanha returned 

 home in 1846 ; and from that time down to 1856 

 was alternately at the head of the government 

 (1847-49, 1851-56), being supported chiefly by 

 England, and in armed opposition to his political 

 opponents. During the reign of Pedro 1 1. lie held 

 no great office of state, and under King Louis was 

 kept abroad as ambassador at Home and London, 

 except that he was prime-minister for some months 

 in 1870. He died in London, 28th November 

 1876. He hail been created a duke in 1846. The 

 highly eulogistic Memoirs, by Count da Carnota 

 (Lond. 1880), must be read with caution. 



Sale is an exchange of land or goods for money. 

 Sale of Lund. The 3d section of the Statute of 

 Frauds (29 Car. II. chap. 2) requires contracts for 

 the sale of land to be in writing, signed by the party 

 to be charged therewith. Such a contract, even 

 when those conditions are not complied with, will 

 be specifically enforced, when it has been part 

 performed by the party seeking relief. Such part 

 performance, according to the phrase, takes the 

 case out of the statute. Certain conditions of sale 

 are usually nut forth on the part of the vendor, 

 and under tliem the sale is conducted. The pur- 

 chaser is supplied with an abstract of title going 

 back for forty years. Then the deeds conveying 

 the estate are prepared and signed, the monev is 

 handed over, and t he purchase completed. Before 

 this, however, the purchaser is entitled to the 

 estate and the vendor to the purchase-money, but 

 the vendor has a lien for the unpaid price. The 

 Real Property Limitation Act,' 1874, gives, in the 

 almence 01 fraud, a person who has held real property 

 undisturbed for twelve years an indefeasible title 

 thereto. The method of sale is somewhat different 

 according as the land is freehold, leasehold, or 

 copyhold i.e. forming part of a manor. In the 

 last case the copyholder surrenders the land into 

 the hands of liis lord, who thereupon admits the 

 alienee. If the property is in Middlesex, or YdVk- 

 shire, or Kingston upon-Hiill, the conveyance is 

 registered, ana instruments dealing with the same 

 subjects rank according to date of registration. 

 Recent acts give power to limited owners (as 

 tenanto for life, &c.) to sell the land they occupy ; 

 but they mu-t act under the sanction of the court, 

 and apply the purchase-money as directed. In 

 Scotland no contract for the sale of land is binding 

 without writing. There is no copyhold, and lease- 

 hold is rare. There is a very perfect system of 

 registration. 



StUe of Gootlt.By the 17th section of the 

 Statute of Frauds no contract for sale of goods 

 of the price of 10 or upward i.s valid unless the 

 1. nyer receive and accept part of the goods sold, 

 in pay part of the price, or the agreement be 

 reduced to writing ami signed by the parties. The 

 title of buyer is no better than that nf a seller, so 

 that, e.g., if you purchase a watch from a man not. 

 its owner, the true owner can make you deliver it 

 Up without compensation. l!ut there are some 

 exceptions : thus, an agent under the Factors AcU, 

 who mav Miiiictimes give a buyer a better title 

 than lie DM himself ; also goods bought in market. 

 overt become the absolute property ui" the pur- 

 chaser, with the undernoted exception. In London 

 every shop on a week-day is a market mert; 

 elsewhere, only a market held at a regular time 

 and place. The sale of horses is regulated by 

 certain special provisions, chiefly contained in a 

 statute of I'hilip and Mary. Even if goods lie 

 sold in market overt, on the subsequent conviction 

 nf the thief the property will revert to the true 

 owner. On sale the duty of the seller is to deliver 

 the goods, but not to send or convey them. The 

 buyer is bound to accept and pay for what he has 

 ordered. I'urnit ri,i/>/nr. by which words is meant 

 that the buyer takes an article at his own risk, is t he 

 rule, but a good many exceptions are admitted. The 

 seller has a lien on the goods as long as the pur- 

 chase-money is unpaid, and in case of the buyer'* 

 insolvency he may stop them in transit. In Scot- 

 land the chief theoretical point of difference is that, 

 whilst in England the completion of the contract <>f 

 sale vests the property of the goods in the Inner, 

 in Scotland he has only a right to demand their 

 delivery ; but owing to various statutory provision* 

 the difference is not of much practical importance. 

 Also, the contract may lie entirely verbal, and the 

 doctrine of sales in market overt is not recognised. 

 Among many books on the subject of sale that of 

 Benjamin (4th ed. 1888) is the most complete. See 

 also BILL OF SALE, CONTRACT, W.U;I:AXTV. 



In the United States the sale of land is simplified 

 by registration, but the law is based on that of 

 England. So also with the sale of goods ; only the 

 law as to market overt is not recognised in the 

 States, nor is warrant}' of title carried so far as in 

 England. 



Sale. GEORGE, an eminent oriental scholar, was 

 born in Kent almut 1690, educated at the King's 

 s. liool, Canterbury, and bred to the law. He assisted 

 in getting up the Universal History together with 

 Swinton, Shelvocke, Campbell, George I'salman 

 a/ar, and A. Bower for which he wrote the cos 

 inogony and several portions of oriental history. 

 He was also one of the authors of the General 

 Jl,i-/innnry : but he is liest known by his unrivalled 

 translation of the Koran, 'with explanatory notes- 



taken from the most approved commentators, t 



which is prefixed a prelii 



This translation, with its learned preliminary dis- 



liminary discourse ' ( 17'f4 ). 



course, formed a new epoch in the study of Islam 

 and its literature (see KORAN ; and Wherry's Com- 

 prehensive Commentary on the Quran, compri.iui 

 Sale's Tniiix/i'ti",,, 1882-86). That his contem- 

 jMiraries fastened the charge of heresy upon one 

 who spoke philosophically and humanely of other 

 creeds is not to be wondered at. He died 14th 

 November 1736. After his death a catalogue of his 

 oriental MSS. was published, and they are now in 

 the Bodleian Library, Oxford. 



Sale. Sin ROIIKHT HKNHV, British soldier, was 

 born in 1782, the son of an officer in the army of 

 the East India Company, and himself in 1795 joined 

 the colours as ensign. He saw a (jreat deal of 

 fighting ; he was present at the stormiipj of Sering- 

 apatam (1799) and of Travancore (1809), assisted 



