BILLS OF SALE ORDINANCE

BILLS OF SALE ORDINANCE

ORDINANCE No. 10 of 1864,

.Bills 9f Sale.

No. 10 of 1864.
An Ordinance for preventinIg rrauds upon Creditors by Secret Bills of
rltle.
Sale of PerSOllal Chattels.
[5th September, 1$64.1

'HEREAS it is expedient that the several matters embraced by Ordinance
No. 5 rrenble.

of IRA should be provided for by separate and distinct Ordinances: Bo it

enacted bx His Excellency the Governor of Hongkong with the advice of the
Legislative
Council thereof, as follows:- h

1. So much of section 2 of Ordinance No. 5 of 1856 as relates to the
Imperial rayc or noetie e
of Ordinance No.
Enactment entitled 'An Act for preventing Frauds upon Creditors by Secret
Bills oe-
pcaled.
Sale of personal Chattels' shall be repealed, except as to the
proceedings which may
have been taken thereunder before the passing of this Ordinance.

2, Every bill of sale of personal chattels made after the passing of this
Ordinance,

either absolutely or conditionally, or subject or not subject to any
trusts, and whereby
the grantee or holder shall have power, either with or without notice,
and either imme-
diately after the making of such hill of sale, or at any future timc, to
seize or tape
possession of any property and effects comprised in or made subject to
such bill of sale,
and every schedulo or inventory which shall be thereto annexed or therein
referred to,
or a true copy thereof and of every attestation of the execution thereof
stall together
with an affidavit, affirmation or declaration of the time of such bill of
sale being made
or given and a description of the residence and occupation of the person
making or -y
giving the same, or, in case tho same shall b© made or given by any
person under oilin'
the execution o any process, then a description of the residence and
occupation of the-
person against whom such process shall have issued, and of every
attesting Wltnesa to
such bill of sale, be filed with the Registrar of the Supremo Court
within twenty-one
clays after the making or giving of such bill of sale, otherwise such
hill of sole shall, as
against all assignees of the estate and effects of the person whose goods
or any of them
are comprised in such bill of sale under the laws relating to bankruptcy,
or under any
assignment for-the benefit of the creditors of such person, and as
against all sheriffs.;
officers and other persons seizing any property or effects comprised in
such bill of sale
in the execution of any process of any Court of Law or Equity authorizing
the seizure
of the goods of the person by whom,,or of whose goods such bill of sale
shall have been
made, and against every person on whose behalf such process shall have
been issued,
-tie null,aud void to all intents,addop*tirposes whatsoever, so far as
regards the property
in or right to the possession of any personal chattels comprised in such
bill of sale
which at or after the time of such bankruptcy or of the execution by the
debtor of such
assignment for the benefit of his creditors or of executing such process.
(as the case
may be), and after the expiration of the said period of twenty-one days,
shall be in the

possession or apparent possession of the person making such bill of sale,
or of any
person against whom the process shall have issued under or in the
execution of which
such bill of sale shall have been=made-or given as the case may be.

DUN ePeale toLw
void unless the
came or a copy
thereof be flied

within twentp-

ono days.
ORDINANCE No. 10 0F 1864.

Balls of Sale.

nefeneance or
,conditions of
every bill of sale
to be written on
the same paper,

Registrar to keep
-a book contain-
ing particulars
of each b11 of
male.

A Pee of one
-dollar for filing
bill of sale and
Registrar to ac-
count for the
same.

Office copies or
extracts to be
given on paying
as for copies of
Judgment.

Satisfaction may
,be entered.

3. If such bill of sale shall be-made or given subject to any defeasauce
or condi-
tion or declaration of trust not contained in the body thereof such
defeasance or con-
dition or declaration of trust shall, for the purposes of this Ordinance
be taken as
part of such hill of sale and shall be written on the same paper on which
such bill of
sale shall be written, before the time when the same or a copy thereof
respectively
shall be filed, otherwise such bill of sale shall be null and void to all
intents and purposes
as against the same person and as regards the same property and effects,
as if such bill
of sale or a copy thereof had not been filed according to the provisions
of this Ordi-
nance.
4. The Registrar shall cause every bill of sale, and every such schedule
and in-
ventory as aforesaid, and every such copy filed in his said office under
the provisions
of this Ordinance to 1e numbered, and shall keep a book in his said
office in which he
shall cause to be fairly entered an alphabetical list of every such bill
of sale, contain-
ing therein the name, addition and description of the person making or
giving the same,
or in case the same shall be made or given by any person under or in the
execution of
process as aforesaid, then the name, addition and description of the
person against
whom such process shall have issued, and also of the person to whom or in
whose favor
the same shall have been given, together with the number and the dates of
the execution
and filing of the sane, and the sum for which the same has been given,
and the time
or times (if any) when the same is thereby made payable according to the
form contained
in the schedule to this Ordinance, which said book and every bill of sale
or copy thereof
filed in the said office may be searched and viewed by all persons at all
reasonable times
paying to the Registrar for every search against one person the sum of
fifty cents anal
no more.
PS. A fee of ono dollar shall be paid for filing and entering every such
bill of sale,
and the Registrar shall account therefor in like manner as is now done
with respect to
oilier fees received by him by virtue of his said office.

6. Any person shall be entitled to have au office copy or an extract of
every bill of
sale or of the copy thereof filed as aforesaid, upon paying for the same
at the like rate
as for office copies of judgments.

7. It shall be lawful for tile Chief Justice to order a memorandum of
satisfaction
to be written upon any bill of sale or copy thereof respectively as
aforesaid, if it shall
appear to him that tile debt (if any) for which such bill of sale is
given as security

shall have been satisfied or discharged.

Interpretation of $. In construing this Ordinance the following nv6rcjs
and expressions shah have-

..
tcrma.

the meanings hereby assigned to them, unless tahere~be something in the
subject or
' context repugnant to such constructions; (that is to sayj the expression
'Bill of Sale'
shall include bills of sale, assignments, transfers, declaration of trust
without transfer
and other Qtt,saurances of personal chattels, and also powers of
attorney, authorities or -

T

licences to take possession of personal chattels as security for any
debt, but shall not
,. include the following, documents, that is to say, assignments for the
benefit of the
creditors of the person making or giving the same, marriage settlements,
transfers, or
ORDINANCE No. 10 og 18.64.

Bills o~f. Sale.

assignments of any slip or vessel or any share thereof ; transfers of
goods in the
ordinary course of business of any trade or calling; bills of sale of
goods in Foreign Parts
or at sea; bills of lading; India warrants; warehouse keeper's
certificates; warrants or
orders for the delivery of goods or any other documents used in the
ordinary course of
business as proof of the possession or control of goods, or authorizing
or purporting to
authorize either by endorsement or by delivery the possessor of such
document to
transfer or receive goods thereby represented.
The expression 'personal chattels' shall mean goods, furniture, fixtures
and other
articles capable of complete transfer by delivery and shall not include
chattel interests
in real estate nor shares or interest in the stock, funds, or securities
of ally Government,
or in the capital or property of any incorporated or joint stock company
nor ehoses in
action nor any stock or produce upon any farm orlands which by virtue of
any covenant
or agreement or of the custom of the country, ought not_to be removed
from any farm
where the same shall be at the time of the making or giving of such bill
of sale.
Personal chattels shall be deemedto be in the 'apparent possession' of
the person
making or giving the bill of sale so long as they shall remain or be in
or upon any
house, mill, warehouse, building works, yard, laud, or other promises
occupied by him,
or as they shall be used and enjoyed by him, in any place whatsoever,
notwithstanding
that formal possession thereof may have boon taken by, or given to any
other person.

SCHEDULE.

Name, &c., of the Whether bill of sale, ~ q '~ d
o
person making or assignment transfer, ~ :- '~ ~' ~ d
giving the bill of Name, &c., of the or what other Fu;sur- A p f~ ,a, ~° p a
poi-son to -whom w O w O ° c)
hale, or of the ante, and whether w
made or given. ° *' ° ~ a;
hereon divested of absolnteor conditional, ~ 11
ln'opert.y. and numbs)'. ~ A
o ca .a

i
~i

I
1 ~ w I
j7

A

[Repeated by Ordinance 11'0. 12 of 186.'
Title.
Preamble.
Part of section 2 of Ordinance No. 5 of 1856 repealed.
Bills of sale to be void unless the same or a copy thereof be filed within twenty-one days.
Defeasance or conditins of every bill of sale to be written on the same paper.
Registrar to keep a book containing particulars of each bill of sale.
A fee of one dollar for filling bill of sale and Registrar to account for the same.
Office copies or extracts to be given on paying as for copies of judgment.
Satisfaction may be entered.
Interpretation of terms.

Title.
Preamble.
Part of section 2 of Ordinance No. 5 of 1856 repealed.
Bills of sale to be void unless the same or a copy thereof be filed within twenty-one days.
Defeasance or conditins of every bill of sale to be written on the same paper.
Registrar to keep a book containing particulars of each bill of sale.
A fee of one dollar for filling bill of sale and Registrar to account for the same.
Office copies or extracts to be given on paying as for copies of judgment.
Satisfaction may be entered.
Interpretation of terms.

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1890

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No. 10 of 1864

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