SEC. 75. Be it further enacted, That: (Provision not applicable to mortgages.) The provisions of this Act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgages, pledge, charges or other security. SEC. 76. Be it further enacted, That: (Definitions.) (1)In this Act unless the context or subject matter otherwise requires "Action" includes counter-claim set off and suit Action. in equity. "Buyer" means a person who buys or agrees to Buyer. buy goods, or any legal successor in interest of such person. "Defendant" includes a plaintiff against whom a Defendant. right of set-off or counter-claim is asserted. "Delivery" means voluntary transfer of posses-Delivery. sion from one person to another. "Divisible contract to sell" means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascertainable by computation. Divisible con tract. title. "Document of title to goods" includes any bill Document of of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive either by indorsement or by delivery, goods represented by such document. "Fault" means wrongful act or default. Fault. "Fungible goods" means goods of which any unit Fungible is from its nature or by mercantile usage treated as goods. the equivalent of any other unit. "Future goods" means goods to be manufactured. Future goods. or acquired by the seller after the making of the contract of sale. "Goods" includes all chattels personal other than Goods. things in action and money. The term includes em Order. Person. Plaintiff. Property. Purchaser. Purchases. Quality. Sale. Seller. Special goods. Value. blements, industrial growing grops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. "Order" in Sections of this Act relating to documents of title means an order by indorsement on the document. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. "Plaintiff" includes defendant asserting a right of setoff or counter-claim. "Property" means the general property in goods, and not merely a special property. "Purchaser" includes taking as a mortgagee or as a pledgee. "Purchases" includes taking as a mortgagee or as a pledgee. "Quality of goods" includes their state or condition. "Sale" includes a bargain and sale as well as a sale and delivery. "Seller" means a person who sells or agrees to sell goods or any legal successor in the interest of such person. "Specific goods" means goods identified and agreed upon at the time a contract to sell or a sale is made. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing claim, whether for money or not, constitutes value where goods or documents of titles are taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith" within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not. (3) A person is insolvent within the meaning of this Act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an Act of bankruptcy or not, and whether he is insolvent within the meaning of the Federal Bankruptcy Law or not. (4) Goods are in a "deliverable state" within the meaning of this Act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. SEC. 76a. Be it further enacted, That: (Act does not apply to existing sales or contracts to sell.) None of the provisions of this Act shall apply to any sale, or to any contract to sell, made prior to the taking effect of this Act. SEC. 76b. Be it further enacted, That: (No repeal of Uniform Warehouse Receipt Act or Uniform Bills of Lading Act.) Nothing in this Act or in any repealing clause thereof shall be construed to repeal or limit any of the provisions of the Act to make uniform the law of warehouse receipts, or of the Act to make uniform the law of bills of lading. SEC. 77. Be it further enacted, That: (Inconsistent legislation repealed.) All Acts or parts of Acts. inconsistent with this Act are hereby repealed except as provided in Section 76b. SEC. 78. Be it further enacted, That: (Time when the Act takes effect.) This Act shall take effect on the first day of July one thousand nine hundred and nineteen. SEC. 79. Be it further enacted, That: (Name of Act.) This Act may be cited as the Uniform Sales Act. Passed April 4, 1919. ANDREW L. TODD, Speaker of the House Approved April 12, 1919. A. H. ROBERTS, Allowance. Children. CHAPTER NO. 119. SENATE BILL No. 14. (By Mr. Caldwell.) A BILL to be entitled An Act to authorize the county courts to provide for the assistance and support of indigent women whose husbands are dead or are inmates of the Tennessee State Penitentiary, or Asylum, or who have a child, or children, dependent for support wholly or partly upon their labor, and conferring jurisdiction thereof upon County Courts. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Courts of each county shall have authority as hereinafter provided to make provisions for partial support of women whose husbands are dead, or whose husbands are prisoners, confined to the State Penitentiary, or Asylum, when such women are poor and are mothers of children under the age of fifteen (15) years, and such mothers and children reside in such counties. SEC. 2. Be it further enacted, That the allowance of each such woman shall not exceed ten dollars ($10.00) per month when she has but one child under the age of fifteen years (15); and if she has more. than one child under the age of fifteen (15), it shall not exceed the sum of $10.00 per month for the first child and $5.00 per month for each of the other children under the age of fifteen years. SEC. 3. Be it further enacted, That such allowance shall be made by the county court and only on the following conditions: (1) The child or children for whose benefit the allowance is made must be living with the mother of such child or children. (2) The allowance shall be made only when in the absence of such allowance the mother would be required to work regularly away from her home and children and when by means of such allowance she will be able to remain at home with her children. (3) The mother must in the judgment of the County Court, be a proper person, physically, mentally and morally, for the bringing up of her children. necessary. (4) Such allowance shall, in the judgment of the Allowance Court, be necessary to save the child or children from neglect. (5) No person shall receive the benefit of this Act who shall not have been a resident of the county in which such application is made for at least two years before the making of such application for such allowance, provided that the provisions of this Act shall not apply to any child which has its own property sufficient for its support. SEC. 4. Be it further enacted, That the County Pension fund Court in each county may levy a tax, not to exceed tax. two mills on the dollar annually, on all taxable property in the county, such tax to be levied and collected in like manner with the general taxes of the county, and to be known as the Mothers' Pension Fund and keep separate from all other taxes. SEC. 5. Be it further enacted, That whenever any child shall reach the age of fifteen (15) years any allowance made to the mother of such child for the benefit of such child shall cease. Discontinu lowance. The County Court may, in its discretion at any time before such child reaches the age of fifteen ance of al(15) years, discontinue, or modify the allowance to any mother and for any child. If such husband has been confined to the Tennessee State Penitentiary, such allowance shall cease on his discharge or parole and whenever any woman on whose account any allowance shall have been made under the provisions of this Act shall marry, such allowance shall cease. for allow ance. SEC. 6. Be it further enacted, That a woman whose Application husband is dead, or whose husband is confined in the Tennessee State Penitentiary may file an application for assistance under this Act, provided such woman is a citizen of the United States of America and has a previous residence of two years in the |