BILLS OF SALE ORDINANCE, 1886
Title
BILLS OF SALE ORDINANCE, 1886
Description
Bills of Sale.
No. 12 of 1880.
An Ordinance to consolidate and amend the Law for preventing
Frauds upon Cxeditors by Secret Bills of Sale of Personal
Chattels.
[ 7th May, 18uo6. ]
E it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as foilows :---
~Shozt title. 1. 'this Ordinance may be cited for all purposes as The
Bills of Sate
Ordinance, .T 886.
2. This Ordinance shall commence and come into operation on a
day to be named by the Governor, and shall apply to every bill of sale
executed after such commencement (whether the same be absolute, or
subject or not subject to any trust), whereby the holder or grantee has
power, either with or without notice, and either immediately or 'at any
future time, to seize or take possession of any personal chattels within
the Colo.ny~ comprised in, or made subject to such bill of sale.
3. From and after the commencement of this Ordinance the Bills
of Sale Ordinance, N0. 10 of 1864, shall be repealed: Provided that
(except as is herein, expressly mentioned with respect to construction,
a rid with respect to renewal of registration) nothing in. this Ordinance
shall affect ` any bill of sale executed before the commencement of this
Ordinance, and as retards bills of sale so executed the Ordinances
hereby repealed shall continue in force.
Any renewal after the commencement of this Ordinance of the
`,registration of a bill of sale executed before the commencement of this
Qrdinance, and registered under the Ordinance hereby repealed; shall be
~ade under this Ordinance in the same manner as the renewal of a
registration made under this Ordinance. _.
4. In this Ordinance, the following words aid expressions shall
have the meanings in this section assigned to them respectively, unless
;,there be something in theJ subject or context repugnant to such con-,
struction ; that is .to say:-
The.
expression .Bill of Sale shall include bills of sale, assign-
mentstransfers, declarations of trust without transfer, .
inventories of goods with receipt thereto attached, or
receipts for purchase moneys of foods, and other assurances
ORDINANCE N©. 12 of lass.
Bills nf sate.
of personal chattels, and also powers of attorney, author-
ities, or licences to take possession of personal chattels as
security for any debt, and also any agreement, whetherv
intended or not to be followed by the execution of any
other instrument, by ' which a right in equity to any
personal chattels, or to any charge or security thereon,
shall be conferred, but shill not include the following,
documents; that is to say, assignments for the benE:.fit of
the creditors of the person making or giving the same,
marriage settlements, transfers or assibarments of any ship
or vessel or any share thereof, transfers of bands in the
ordinary course of business of any. trade or calling, bills
of sale of goods in foreign parts*or-at sea, bills of ladiy,
India warrants, warehousekeepers' certificates, warrants
or orders for the delivery of goods, or any other documents
used in the ordinary course o£ business as proof of the
possession or control of goods, or authorising, or ` purpart-
inno; to authorise, either by indorsernent or by delivery,
the possessor of such document to transfer or receive foods
thereby represented : Provided always that in, the con-
struction of sections 8, 1.0, (sub-section 1), 12, W, 14, 15,
16, 17, I s, 19, 23, of this Ordinance, the said expression
shall not include bills of sale or other instruments herein-
before mentioned which may be given otherwise than by
way of security for tile payment of money.
'fhe.expression Personal Chattels shall mean goods, furniture,
and 'other articles capable of complete transfer by delivery,
gild ( when separately assigned or charged) fixtures and.
growing crops, but shall not include fixtures (except trade
mach,ery as hereinafter defined), when assigned together
with zany interest in any land or bUildinb to which they
ire affixed, nor growing crops when assigned together
with any interest in the land on which they brow nor
shares or interests in the stock,. funds, or securities of any
Government, or in the capital or property of incorporated
or joint stock companies, nor chores in action, nor any
stock or produce -upon any farm or lands which by virtue
of any covenant or abreement. ought not to be removed
ORDINANCE No, 12 of 1886.
Bills of &le.
from any farm where the same are at the time of making
,
or diving of such bill of sale:-
Personal ,
chattels shall be deemed to be in the apparent pos-
session of the person making or giving a bill of sale, so
long as they remain or are in or upon any house, mill,.
warehouse, building, works, yard, land, or other premises,
occupied by him, or are used and enjoyed by him in any
place whatsoever notwithstanding that formal possession
thereof may have been taken by or liven to any other
person :---
l?egistrar shall mean the Registrar of the Supreme Court or his
deputy:
Affidavit shall include any affirmation or declaration of any
person by law allowed to make. an athrma,tion or declara-
tion in lieu of an affidavit.
. 1'rescribed means prescribed by rules made under the provision s
of this Ordinance. .
5. From and after the cominencement of this Ordinance, trade
machinery shall, for the purposes of this Ordinance, be deemed to be
personal chattels, and any mode of disposition of trade machinery by the
6wner thereof, which would he a bill of sale as to any other personal
chattels, shall be deemed to be a bill of sale within the meaning of this
Ordinance.
For the purposes of this Ordinance,--
'. Trade machinea°,y means the machinery used in or attached to
any factory or workshop, r
I st. Exclusive of the fixed motive-powers, such as the watcr-
. . wheels and steam engines, and the steam-boilers, donkey
engines,, and other fixed appurtenances of the said motive-
powers; and,
2nd. Exclusive of the filed power machinery, such as the
shafts, wheels, drams, and their fixed appurtenances, which.
transmit the action of the motive-powers to the other ma,-
chinery, fixed and loose; and,
3rd. Exclusive of the popes for steam, gas; and water in the
factory or workshop.
Q1DINA'.CE . No. 12, 0ir1$x6.
Rills of Sale.
The machinery or effects excluded by this section from the definition
,of trade machinery shall not be deemed to be personal chattels within the
meaning of this Ordinance.
Factory or workshop means any premises on -whicll any manual
labour is exercised by way of trade, or for purposes of gain,
in or incidental t o the following purposes or any of them,
that is to 'say,
' r
~(a.) In or incidental to the making any article or part
of an article; or
(G.) In or'incidental to the altering, repairing, finish-
ing, of any article; or
(c. ) In or incidental to the adapting for sale any
article.
E3, Every attornlnent, instrument, or agrec'lnent, not hc:ing a mining
lease, whereby a poorer of distress is liven or agreed to be riven by any
person to any other person by way of security for any present, future, or
contingent debt or advance, and whereby any rent is reserved or made
payable as a mode of providing for the payment of~interest on such debt
-or advance, or otherwise for the purpose of such security only, shall be
~deelned to be a bill of sale, within the meaning of this -Ordinance of
any
personal chattels which may be seined or taken under such power of
distress.
Provided, that nothing in this section shall extend to any mortnga0ge
of anw estate or interest in any land or tenement which the mortgagee,
being in possession, shall have demised to the mortgagor as his tenant at
.a fair and reasonable rent.
7. 1\ © fixtures or 9rowing crops shall he deemed, under this Ordi-
nance, to be,separately assigned or churned by reason only that they are
.assigned by separate words, or that poorer is given, to sever them from
the land or building to which they are affixed or from the land on which
they, brow without otherwise taking possession of or dealing with such
land or building, or land, if by the same instrument any leasehold
interest
in the land or building, to which such fixtures are affixed, or in the
land
,on which such crops grow is .also'conveyed,or, assigned to the same
:~)ersons or_ person.
Certain in-
struments giv-
ing powers of
distress to he
subject to thu
ordinance.
t4l and 42 v.
Fixtures or
growing crops
not to be
deemed sepa-
rately assign-
ed when the
land passes by
the same in-
strument.
(41 and 42 V.
c. 31, s, i .]
CE vr''O. 1Z OF 1886.
,Bills of Sale.
The same rule of construction shall be applied to all deeds or instru-
ments, including fixtures or growing crops, executed before the commen-
cement of this Ordinance and then subsisting and in force, in all
questions
arising urider any bankruptcy, liquidation, assignment for the benefit of
creditors, or execution of any process of any Court, which shall take
place
or be issued after the commencement of this Ordinance.
Bill ~f- sale to $. Every bill of sale shall be duly attested and shall be
registered
die void- uu- ,~.
leggy attested within seven clear days after the execution thereof', or if
it is' executed in
i~' register' any place out of the Colony then within seven clear days
after the time
C45 and 46 v' at which it would in the course of post arrive in the Colon
if posted
r. ~ 3, ~. s.1 p Y 1
immediately after the execution thereof, and shall truly set forth the
consideration for which it was given; otherwise such bill of sale shall be
void in respect of the personal chattels comprised therein.
Avbwa;neE of ~. where a subsequent bill of sale is executed within or on
the:
eertain dupli-
GW bills of expiration of seven days after the execution of a prior
unregistered bill
gale.
C~ 'and 42 _ 7 , of sale, and comprises all or any part of the personal
chattels comprised in
itch prior bill of sale, then, if such sr.~bsequent bill of sale is given
as
A . security for the sarxie debt as is secured by the prior bill of sale,
or for
~7kaxay part of such debt, it shall; to the extent to which ~it is a
security
`for the, same debt or part. thereof, arid so far as respects the personal
chattels or part thereof comprised in the prior bill, be absolutely void;
unless it is proved to the satisfaction of the Court having cognizance
of the case that the subsequent bill of sale was bond ,fide given for the
purpose, of correcting some . material error in the prior bill of sale,
and
110t for the purpose of evading this Ordinance.
Mode of
a°eg3stering. ;:
E4.x~ aa; 2 v.srvlo. 4, U c.
&
46 V., 6. 43,
10. A bill of sale shall be attested and registered under this Ordi-
nance in the following manner :--- .
~~..?~ 'rlae execution of ec~ery bill of sale by tile grantor shall be
attested by one or more credible witness or witnesses.
not being a party or parties thereto.
( 2. ) Such hill, with every schedule or inventory thereto annexed
or therein referred to, and also a true copy of such bill
and .4 every such schedule or inventory, and of every
. attestation of the execution of such bill of sale together
With an affidavit of the time of such krill of sale being
made or given, and of its due execution and attestation,
ORDINANCE No. 12 of 1886.
Bills of Sale.
and a description of the residence and occupation of the
person making or giving the same (or in case the satire
is made or given by any person under or in the execution
of and process, then a description of the residence and
occupation of the person against whom such process
issued),, and of every attesting witness to such bill of
sale, shall be presented to arid the said copy and affidavit
shall be filed with the Registrar within seven clear days
after the inahing or giving of such bill of sale.
(3.) If the bill of sale is made or given subject to any defeasance,
or condition, or declaration of trust not contained in the
body thereof, such defeasance, condition, or declaration
shall be deemed to be part of the bill, and sh,,tll be written
on the same paper or parchment therewith before the
registration, and shall be trul3? set forth in the copy filed
under this Ordinance therewith and as part thereof,
otherwise the registration shall be void.
In case two or more bills of sale are given, comprising in whole, or
in part any of the same chattels, they shall have priority in the order
of the date of their registration respectively as regards such chattels.
A transfer or assignment of a, registered bill of sale need riot be
registered.
11. The registration of a bill of sale, whether executed before or
1
after the commencement of this Ordinance, mist be renewed once at least
every five years, and if a period of five years elapses from the
registration
or renewed registration of a, bill of sale without a renewal or further
renewal (as the case may be), the registration sball become void.
The renewal of a registration shall 1.>e effected by filing with.
the Registrar an affidavit stating the date of the bill of sale and of
the last
registration fhereof, and the natnes, residences, and occupations of the
parties thereto as stated therein, and that the bill of sale is still a
sub-
sisting security.
Every such affidavit may be in the form set forth in the schedule
A hereto.
4 .
A renewal of registration shall not become necessary by reason only
of a =transfer or assignment of a bill of sale.
Renew al of
registration,
(4l & 42 v. c.
31, s. al.1
of sale' to,
iave schedule
=` -of property..
attached.
[45 & 40 V. c.
Q RDINANC I~; No. 1 2 of 1886.
Bills of Sale.
12. Every bill of sale shall have annexed thereto or written there-
under a schedule containing an inventory of the personal chattels com-
prised in the hill of sale; and such bill of sale save as hereinafter men-
tioned, shall have effect only in respect of the personal chattels
specifically
described in the said schedule, and shall be void except as against the
grantor in respect of any personal chattels not w specifically described.
Bill of sale 13: Save as hereinafter mentioned, a hill of sale shall be
void ezcept-
xiot to affect
:after acquired as against the grantor in respect of any personal
chattels specifically de-
oroperty. .
~4s & 46 v. c. scribed in the schedule thereto of which the grantor was
not the true
`4s' s' C'' owner at the time of the execution of the bill of sale.
Exception as 14. Nothing hereinl)efore contained shall render a bill of
sale void
to certain,
`.thing. in respect of any of the following things, (that is to say) :-
r3~ ~ s~J (1. ) Any growing crops separately assigned or charged where
such crops were actually growing at the time «=hen the
bill of' sale teas executed.
T;3u` of sale
~tvi~fi power ~ta
`seize egeept
is certain--'
events to he
''vbid.
bid. s: 7:]
(2.) .Any fixtures separately`assigned or charged and any plant
or trade machinery where such fixtures plant or trade
machinery are used in attached to or brought upon any
land, farm, factory, workshop, shop, house, warehouse,
or other place in substitution for any of the like, fixtures,
plant or trade machinery specifically described in the
schedule to such bill of sale.
15. Per sonal chattels assigned under a bill of sale shall not be. liable
to be seized or taken possession of by the ~ra,ntee for any other than the
'following causes:--
(1. ) ~ If the grantor shall make default in payment of the suns
or surrs of money thereby secured at.the time herein.
provided for payment or in the performance of any
covenant or agreement contained in the bill of sale and
necessary for trainta,ining the security-;
( 2. ) I f the grantor shall become a branhnupt or suffer the said
goods or any of thorn to be distrained for rent, rates or
taxes ;
(03.j If the grantor shall fraudulently either remove or st'ffer
the said goods or any of them to be removed from the
premises;
ORDINANCE \o. 1-0 of 1886.
Bills of Sale.
(4.) If the grantor shall not without reasonable excuse upon
demand in writing by the grantee produce to him his
last receipts for rent, rates and taxes;
( 5.) , If execution shall have been levied. against the goods of
the grantor under any judgment at law ;
Provided that the grantor may within five days from the seizure or taking
possession of any chattels on account of any of the above mentioned
causes apply to the Court or to a. Juagc; thereof in Chambers, and such
Court or Judge 4 satisfied that by payment of money or otherwise the
said cause of seizure no longer exists, may restrain the grantee from
removing or selling the said chattels or may make such other order as
may seem just.
v
16. A bill of sale made or (riven by 'way of security for the payment
Forin of hill
of money by the grantor thereof shall be void unless made in accordance
~~ & .
[46 & , 46 V.
with the form in the schedule B hereto. ~ 43' S' a' j
I'7. Every bill of salennade or given in consideration of any sum
under one hundred and fifty dollars ,shall b4 void. '
18. All personal chattels seized or of which possession is taken after
the commencement of this Ordinance under or by virtue of any bill of
sale (whether registered before or after the commencement of this Oldi»
nance) shall remain on the premises where they were so seized or so
taken possession of and shall not be removed or sold until after the expi-
ration of five clear days from the day they were so seized or so taken
possession of-.
19. A bill of sale to which this ordinance applies shall be no protec-
tion in respect of personal chattels included in such bill csale which but
for such bill of sale would have been liable to distress under a warrant
or
order, for the recovery of taxes and rates,
20. The Registrar shall keep a book (in this Ordinance called ' the
Bill of sale
under $150
to be void.
[45 & 46 V.
4:s; s. 12.E .
Chattels not
to X18 reIIlOVed
-
or sold.
[Ibid. s. 13.'[
Bill of sale
not to protect
chattels
against taxes
and rates.
[Ibid. s. I4:]
corm of
register') for the purposes of this Ordinance, and shall, upon the filing
of any bill of sale or copy under this Ordinance, enter therein in the
form [41 & 42 V.
31' $'S t''~
set forth in the schedule C hereto, or in any other prescribed form, tine
name, residence, and occupation of the person by whom the bill was made
or given (or in case, the same was made or given by any person under or `
in the execution of process, then the name, residence, and occupation of
ORDINANCE No. 12 of 1856.
Bills of Sale.
the person against whom such process was issued, and also the name of
the person or persons to whom or in whose favour the bill was given),
and the other particulnrs shonw in the said schedule or be prescribed
under this Ordinance, and shall number all such bills registered in each
year consecutively, according to the respective dates of their registration.
Upon the registration of any affidavit of renewal, the like entry shall
be made, with the addition of the date and number of the last previous
entry relating to the same bill, and the bill of sale or copy originally filed
shall be thereupon marked with the number affixed to such affidavit of
renewal.
The Registrar shall also keep an index, the names of the grantors
of registered bills of sale with reference to en lies, in the register of the
bills of sale given by each such grantor.
Such index shall be arranged in divisions corresponding with the
letters of the alphabet, so that all grantors whose surnames begin with
the same letter and no others) shall be comprised in one division, but
the arrangement within each such division need not be strictly alphabet-
ical.
21. Any Judge of the.Supreme Court, on being satisfied that the
omission to register a bill of saIe or an a affidavit of renewal thereof within
thie time prescribed by this Ordinance, or the omission or misstatement
of the name, residence, or occupation of any person, was accidental or
due to inadvertence, may in his discretion order such omission or mis-
statement to be rectified by the insertion in the register of the true name,
residence; or occupation, or by extending the time for such registration
on such terms and conditions (if any) as to security, notice by advertise-
ment or otherwise, or as to any, other matter, as he thinks fit to direct.
22. Subject to and in accordance with any rules to be made under
and for the purposes of this Ordliance, the Registrar may order a memo-
randum of satisfaction to be written upon any registered copy of a bill of
sale, upon the prescribed evclence being given that the debt (if any) for
which such bill of sale was made or given has been satisfied or discharged.
23. Any person shall be entitled to have an office copy or extract
of any registered bill of sale and affidavit of execution filed therewith, or
copy thereof, and of any affidavit filed therewith, if any, or registered
affidavit of renewal, upon paying for the sarne at the like rate as for
office copies of judgments of the Supreme Court, and any copy of a
ORDINANCE No. 12 OF 1886.
Bills of Sale.
registered bill of sale, and affidavit purporting to be an office copy thereof,
shall in all Court's and before all arbitrators or other person, be admitted
as prima facie evidence thereof, and of the fact and date of registration as
shown thereon. Any person shall be entitled at all reasonable times to
search the register upon payment of 25 cents subject to such regulations
as may be prescribed and shall be entitled at all reasonable times to
inspect, examine and make extracts from any and every reigstered bill of
sale without being required to make a written application or to specify
any particulars in reference thereto upon payment of a fee of 25 cents for
each bill of sale inspected. Provided that the said extracts shall be
limited to the dates of execution, registration, renewal of registration and
satisfaction, to the names, addresses and occuptions of the parties to the
amount of the consideration, and to any further particulars prescribed by
any rules made under the provisions of this Ordinance.
24. Every affidavit required or for the purposes of this Ordinance
may be sworn before the Registrar or before any commissioner empowered
to administer oaths in the Supreme Court.
Whoever wilfully makes or uses any false affidavit or declaration
for the purpose of this Ordinance shall be deemed guilty of wilful and
corrupt perjury.
25. The fees hereunder stated and such other fees as may be
hereafter prescribed shall be paid to the Registrar who shall account for
the same in like manner as is now done with respect to other fees received
by him,by virtue of his office, viz.
On filing a bill of sale, ................ 50 cents.
On filing the affidavit of execution of a bill
of sale ........................................50 cents.
On the affidavit used for the purpose of
re-registering a bill of sale (to include
the fee for filing), ........................$1.25
For an official cerificate of the result of a
search in one name in any register or
index under the custody of the Registrar
of bills of sale, ...........................$1.25
For every additional name, if include in the
same certificate, .......................$50 cents.
ORDINANCE No. 12 OF 1886.
Bills of Sale.
For a duplicate copy or certificate if not more
than three folios, .......... ... 25 cents.
For every additional folio, ...12 cents.
For a continuation search if made within 14
days of date of official certificate (the
result to be endorsed on the certificate), 25 cents.
26. Rules for the purposes of this Ordinance may be made and
altered from time to time by the like persons and in the like manner in
which rules may be made under and for the purposes of the Supreme
Court under section 24 of Ordinance No. 12 of 1873.
Until altered, added to, or annulled the rules contained in schedule
D hereto shall be the rules under and for the purposes of this Ordinacne.
27. When the time for registering a bill of sale expires on a Sunday
or other day on which the offices of the Supreme Court are closed, such
registration shall be valid of made on the next following day on which
the office is open.
28. Nothing in this Ordinance shall apply to any debentures issued
by any mortgage, loan or other incorporated company and secured upon
the capital, stock or goods, chattels and effects of such company.
--------------
SHCEDULES.
(A.)
I, (A. B.), of do swear that a bill of sale, bearing date the day of
18 (insert date of bill) and made between (insert names and desciptions of
the parties in the original bill of sale) and which said bill of sale (or and a copy of which
said bill of sale, as the case may be was registered on the day of
18 (insert date of registration) is still a subsisting security.
Sworn &c.
--------------
SHCEDULES.
(B.)
This indenture made the day of between A. B. of of
the one part and C. D. of of the other part, witnesseth that in consideration
of the sum of $ now paid to A. B. by C. D. the receipt of which sum the said
A. B. hereby acknowledges (or whatever else the consideration may be), he the said A. B.
doth hereby assign unto C. D., his executors administrators and assigns, all and
singular the several chattels and things specifically described in the schedule hereto
uses of this Ordinance.
~.le empires on a Sunday
e Court are closed, such
followin0 day on which
ly, to any debentures issued
a. company and secured upon
d cts of such compRny.
S.
li of sale, bearing date the day of
etR-een (insert names and descriptions of
h said bill of sale (or and a copy of which
st.ered on the day of
stilt a subsisting security.
between A. B. of of
the other part, witnesseth that in consideration
F o A. B. by C.D. the~receipt of which sum the said
ver else the consideration may be), he the said A. B.
i-s executors administrators'. and assigns, all and
;hinge .specif eally described in the schedule hereto
ORDINANCE No. 1 2 of 1886.
.Bills of Sale.
annexed by way of security for the payment of the sum of and interest
thereon
at the rate of per cent. per annum (or whatever else may be the rate). And
the said
A. B. doth further agree and declare that he will duly pay to the said C.
D. the
principal sum aforesaid together with the interest then due by equal
payments of
on the day of (or whatever else may be the stipulated times or tune of
payment).
And the said A. B. doth also agree with the said L. D. that he will (here
i9asert terms
as to insurance, payment of rent or otherwise which the parties may agree
to for the
,inaiWenance or defeasance of the security). Provided always that the
chattels hereby
assigned shall not be liable to seizure or to be tae; en possession of
lay the su,id C. D.
for any cause other than those specified in section 15 of 'The Bills of
Sale Ordinance
1886.'
In witness, ~~c.
Signed and sealed by the said A. 33. in the presence of nIe E. F.
(add Witness' name, address, and description).
Ilk w1lom given , (or
against wh' -
process IaS'U~4~n).
Form (if mgistcr
tender s. 2u.
1. A memorandum of satisfaction may be ordered to be written upon a
registered -Nf'emorandum o
satiafaction o
copy of a bill of sale on a consent to the satisfaction,' signed by the
person entitled to billao gale.
[I2. S. C. England
the benefit of- the, bill of sale, and verified byaffidavit, being
produced to the Registry, ~~der, rI, r ~s:~ .
,d filed.-in the Supreane Cd'nrt:
ORDINANCE No. 12 of 1886.
Bills of Sale.
2. Where this consent cannot be obtained, the Registrar nay on
application by
summons, and on hearing the person entitled to the benefit of the bill of
sale, or on
affidavit of service of the summons on that person, and in either case on
proof to the
satisfaction of the Registrar that the debt (if any) for which the bill
of sale was made
has been satisfied or discharged order a ineinoranducn of satisfaction to
be written upon
a registered copy thereof.
Rules Where 3. If the attesting witness and deponent is a solicitor, and
described as such, the
attesting witness
is a solicitor. entry of the satisfaction will be directed by the
Registrar (the papers being otherwise
(Practice rules,
';~j'd, '.sy correct) as of course; but under special circumstances the
Registrar may accept any
other deponentif s:Ltisfied that he if a proper person to attest and
verify the signature
and consent.,
[In fol'crf-nna 12t>> July, 1886, under p»roclancatinn of thr loth fuly,
1886.]
1972
Short title.
Commencement.
[41 & 42 V. c. 31, s. 2 & 3.]
Repeal of Ordinance No. 10 of 1864.
[41 & 42 V. c. 31, s. 23.]
Interpretation of terms.
[41 & 42 V. c. 31, s. 4.]
1973
[45 & 46 V. c. 43, s. 3.]
1974
Application of Ordinance to trade machinery.
[41 and 42 V. c. 31, s. 5.]
1975
Certain instruments giving powers of distress to be subject to this Ordinance.
[41 and 42 V. c. 31, s. 6.]
Fixtures or growing crops not to be deemed separately assigned when the land passes by the same instrument.
[41 and 42 V. c. 31, s. 7.]
1976
Bill of sale to be void unless attested and registered.
[45 and 46 V. c. 43, s. 8.]
Avoidance of certain duplicate bills of sale.
[41 and 42 V. c. 31 s. 9.]
Mode registering.
[41 & 42 V. c. 31, s. 10 45 & 46 V. c. 43, s. 10.]
1977
Renewal of registration.
[41 & 42 V. c. 31, s. 11.]
1978
Bill of sale to have schedule of property attached.
[45 & 46 V. c. 43, s. 4.]
Bill of sale not to affect after acquired property.
[45 & 46 V. c. 43, s. 5.]
Exception as to certain things.
[45 & 46 V. c. 43, s. 6.]
Bill of sale with power to seize except in certain events to be void.
[Ibid. s. 7.]
1979
Form of bill of sale.
[45 & 46 V. c. 43, s. 9.]
Bill of sake under $150 to be void.
[45 & 46 V. c. 43, s. 12.]
Chattels not to be removed or sold.
[Ibid, s. 13.]
Bill of sale not to protect chattels against taxes and rates.
[Ibid. s. 14.]
Form of register.
[41 & 42 V. c. 31, s. 12.] 1980
Rectification of register.
[41 & 42 V. c. 31, s. 14.]
Entry of satisfaction.
[41 & 42 V. c. 31, s. 15.]
Copies may be taken.
[41 & 42 V. c. 31, s. 16.]
1981
[45 & 46 V. c. 31, s. 16.]
Affidavits.
[41 & 42 V. c. 31, s. 17.]
Fees.
[41 & 42 V. c. 31, s. 18, see Ord. 10 of 1864, s. 5.]
1982
Rules.
[41 & 42 V. c. 31, s. 21.]
Time for registration.
[41 & 42 V. c. 31, s. 22.]
Debentures to which this Ord. does not apply.
[45 & 46 V. c. 43, s. 17.]
Form of affidavit under s. 11.
Form of bill of sale under s. 16.
1983
Form of register under s. 20.
Memorandum of satisfaction of bills of sale.
[R. S. C. England order 61, r. 26.]
1984
Order for memorandum of satisfaction of bills of sale.
[Ibid, r. 27.]
Rules where attesting witness is a solicitor.
[Practice rules, England, 1884, r. 14.]
No. 12 of 1880.
An Ordinance to consolidate and amend the Law for preventing
Frauds upon Cxeditors by Secret Bills of Sale of Personal
Chattels.
[ 7th May, 18uo6. ]
E it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as foilows :---
~Shozt title. 1. 'this Ordinance may be cited for all purposes as The
Bills of Sate
Ordinance, .T 886.
2. This Ordinance shall commence and come into operation on a
day to be named by the Governor, and shall apply to every bill of sale
executed after such commencement (whether the same be absolute, or
subject or not subject to any trust), whereby the holder or grantee has
power, either with or without notice, and either immediately or 'at any
future time, to seize or take possession of any personal chattels within
the Colo.ny~ comprised in, or made subject to such bill of sale.
3. From and after the commencement of this Ordinance the Bills
of Sale Ordinance, N0. 10 of 1864, shall be repealed: Provided that
(except as is herein, expressly mentioned with respect to construction,
a rid with respect to renewal of registration) nothing in. this Ordinance
shall affect ` any bill of sale executed before the commencement of this
Ordinance, and as retards bills of sale so executed the Ordinances
hereby repealed shall continue in force.
Any renewal after the commencement of this Ordinance of the
`,registration of a bill of sale executed before the commencement of this
Qrdinance, and registered under the Ordinance hereby repealed; shall be
~ade under this Ordinance in the same manner as the renewal of a
registration made under this Ordinance. _.
4. In this Ordinance, the following words aid expressions shall
have the meanings in this section assigned to them respectively, unless
;,there be something in theJ subject or context repugnant to such con-,
struction ; that is .to say:-
The.
expression .Bill of Sale shall include bills of sale, assign-
mentstransfers, declarations of trust without transfer, .
inventories of goods with receipt thereto attached, or
receipts for purchase moneys of foods, and other assurances
ORDINANCE N©. 12 of lass.
Bills nf sate.
of personal chattels, and also powers of attorney, author-
ities, or licences to take possession of personal chattels as
security for any debt, and also any agreement, whetherv
intended or not to be followed by the execution of any
other instrument, by ' which a right in equity to any
personal chattels, or to any charge or security thereon,
shall be conferred, but shill not include the following,
documents; that is to say, assignments for the benE:.fit of
the creditors of the person making or giving the same,
marriage settlements, transfers or assibarments of any ship
or vessel or any share thereof, transfers of bands in the
ordinary course of business of any. trade or calling, bills
of sale of goods in foreign parts*or-at sea, bills of ladiy,
India warrants, warehousekeepers' certificates, warrants
or orders for the delivery of goods, or any other documents
used in the ordinary course o£ business as proof of the
possession or control of goods, or authorising, or ` purpart-
inno; to authorise, either by indorsernent or by delivery,
the possessor of such document to transfer or receive foods
thereby represented : Provided always that in, the con-
struction of sections 8, 1.0, (sub-section 1), 12, W, 14, 15,
16, 17, I s, 19, 23, of this Ordinance, the said expression
shall not include bills of sale or other instruments herein-
before mentioned which may be given otherwise than by
way of security for tile payment of money.
'fhe.expression Personal Chattels shall mean goods, furniture,
and 'other articles capable of complete transfer by delivery,
gild ( when separately assigned or charged) fixtures and.
growing crops, but shall not include fixtures (except trade
mach,ery as hereinafter defined), when assigned together
with zany interest in any land or bUildinb to which they
ire affixed, nor growing crops when assigned together
with any interest in the land on which they brow nor
shares or interests in the stock,. funds, or securities of any
Government, or in the capital or property of incorporated
or joint stock companies, nor chores in action, nor any
stock or produce -upon any farm or lands which by virtue
of any covenant or abreement. ought not to be removed
ORDINANCE No, 12 of 1886.
Bills of &le.
from any farm where the same are at the time of making
,
or diving of such bill of sale:-
Personal ,
chattels shall be deemed to be in the apparent pos-
session of the person making or giving a bill of sale, so
long as they remain or are in or upon any house, mill,.
warehouse, building, works, yard, land, or other premises,
occupied by him, or are used and enjoyed by him in any
place whatsoever notwithstanding that formal possession
thereof may have been taken by or liven to any other
person :---
l?egistrar shall mean the Registrar of the Supreme Court or his
deputy:
Affidavit shall include any affirmation or declaration of any
person by law allowed to make. an athrma,tion or declara-
tion in lieu of an affidavit.
. 1'rescribed means prescribed by rules made under the provision s
of this Ordinance. .
5. From and after the cominencement of this Ordinance, trade
machinery shall, for the purposes of this Ordinance, be deemed to be
personal chattels, and any mode of disposition of trade machinery by the
6wner thereof, which would he a bill of sale as to any other personal
chattels, shall be deemed to be a bill of sale within the meaning of this
Ordinance.
For the purposes of this Ordinance,--
'. Trade machinea°,y means the machinery used in or attached to
any factory or workshop, r
I st. Exclusive of the fixed motive-powers, such as the watcr-
. . wheels and steam engines, and the steam-boilers, donkey
engines,, and other fixed appurtenances of the said motive-
powers; and,
2nd. Exclusive of the filed power machinery, such as the
shafts, wheels, drams, and their fixed appurtenances, which.
transmit the action of the motive-powers to the other ma,-
chinery, fixed and loose; and,
3rd. Exclusive of the popes for steam, gas; and water in the
factory or workshop.
Q1DINA'.CE . No. 12, 0ir1$x6.
Rills of Sale.
The machinery or effects excluded by this section from the definition
,of trade machinery shall not be deemed to be personal chattels within the
meaning of this Ordinance.
Factory or workshop means any premises on -whicll any manual
labour is exercised by way of trade, or for purposes of gain,
in or incidental t o the following purposes or any of them,
that is to 'say,
' r
~(a.) In or incidental to the making any article or part
of an article; or
(G.) In or'incidental to the altering, repairing, finish-
ing, of any article; or
(c. ) In or incidental to the adapting for sale any
article.
E3, Every attornlnent, instrument, or agrec'lnent, not hc:ing a mining
lease, whereby a poorer of distress is liven or agreed to be riven by any
person to any other person by way of security for any present, future, or
contingent debt or advance, and whereby any rent is reserved or made
payable as a mode of providing for the payment of~interest on such debt
-or advance, or otherwise for the purpose of such security only, shall be
~deelned to be a bill of sale, within the meaning of this -Ordinance of
any
personal chattels which may be seined or taken under such power of
distress.
Provided, that nothing in this section shall extend to any mortnga0ge
of anw estate or interest in any land or tenement which the mortgagee,
being in possession, shall have demised to the mortgagor as his tenant at
.a fair and reasonable rent.
7. 1\ © fixtures or 9rowing crops shall he deemed, under this Ordi-
nance, to be,separately assigned or churned by reason only that they are
.assigned by separate words, or that poorer is given, to sever them from
the land or building to which they are affixed or from the land on which
they, brow without otherwise taking possession of or dealing with such
land or building, or land, if by the same instrument any leasehold
interest
in the land or building, to which such fixtures are affixed, or in the
land
,on which such crops grow is .also'conveyed,or, assigned to the same
:~)ersons or_ person.
Certain in-
struments giv-
ing powers of
distress to he
subject to thu
ordinance.
t4l and 42 v.
Fixtures or
growing crops
not to be
deemed sepa-
rately assign-
ed when the
land passes by
the same in-
strument.
(41 and 42 V.
c. 31, s, i .]
CE vr''O. 1Z OF 1886.
,Bills of Sale.
The same rule of construction shall be applied to all deeds or instru-
ments, including fixtures or growing crops, executed before the commen-
cement of this Ordinance and then subsisting and in force, in all
questions
arising urider any bankruptcy, liquidation, assignment for the benefit of
creditors, or execution of any process of any Court, which shall take
place
or be issued after the commencement of this Ordinance.
Bill ~f- sale to $. Every bill of sale shall be duly attested and shall be
registered
die void- uu- ,~.
leggy attested within seven clear days after the execution thereof', or if
it is' executed in
i~' register' any place out of the Colony then within seven clear days
after the time
C45 and 46 v' at which it would in the course of post arrive in the Colon
if posted
r. ~ 3, ~. s.1 p Y 1
immediately after the execution thereof, and shall truly set forth the
consideration for which it was given; otherwise such bill of sale shall be
void in respect of the personal chattels comprised therein.
Avbwa;neE of ~. where a subsequent bill of sale is executed within or on
the:
eertain dupli-
GW bills of expiration of seven days after the execution of a prior
unregistered bill
gale.
C~ 'and 42 _ 7 , of sale, and comprises all or any part of the personal
chattels comprised in
itch prior bill of sale, then, if such sr.~bsequent bill of sale is given
as
A . security for the sarxie debt as is secured by the prior bill of sale,
or for
~7kaxay part of such debt, it shall; to the extent to which ~it is a
security
`for the, same debt or part. thereof, arid so far as respects the personal
chattels or part thereof comprised in the prior bill, be absolutely void;
unless it is proved to the satisfaction of the Court having cognizance
of the case that the subsequent bill of sale was bond ,fide given for the
purpose, of correcting some . material error in the prior bill of sale,
and
110t for the purpose of evading this Ordinance.
Mode of
a°eg3stering. ;:
E4.x~ aa; 2 v.srvlo. 4, U c.
&
46 V., 6. 43,
10. A bill of sale shall be attested and registered under this Ordi-
nance in the following manner :--- .
~~..?~ 'rlae execution of ec~ery bill of sale by tile grantor shall be
attested by one or more credible witness or witnesses.
not being a party or parties thereto.
( 2. ) Such hill, with every schedule or inventory thereto annexed
or therein referred to, and also a true copy of such bill
and .4 every such schedule or inventory, and of every
. attestation of the execution of such bill of sale together
With an affidavit of the time of such krill of sale being
made or given, and of its due execution and attestation,
ORDINANCE No. 12 of 1886.
Bills of Sale.
and a description of the residence and occupation of the
person making or giving the same (or in case the satire
is made or given by any person under or in the execution
of and process, then a description of the residence and
occupation of the person against whom such process
issued),, and of every attesting witness to such bill of
sale, shall be presented to arid the said copy and affidavit
shall be filed with the Registrar within seven clear days
after the inahing or giving of such bill of sale.
(3.) If the bill of sale is made or given subject to any defeasance,
or condition, or declaration of trust not contained in the
body thereof, such defeasance, condition, or declaration
shall be deemed to be part of the bill, and sh,,tll be written
on the same paper or parchment therewith before the
registration, and shall be trul3? set forth in the copy filed
under this Ordinance therewith and as part thereof,
otherwise the registration shall be void.
In case two or more bills of sale are given, comprising in whole, or
in part any of the same chattels, they shall have priority in the order
of the date of their registration respectively as regards such chattels.
A transfer or assignment of a, registered bill of sale need riot be
registered.
11. The registration of a bill of sale, whether executed before or
1
after the commencement of this Ordinance, mist be renewed once at least
every five years, and if a period of five years elapses from the
registration
or renewed registration of a, bill of sale without a renewal or further
renewal (as the case may be), the registration sball become void.
The renewal of a registration shall 1.>e effected by filing with.
the Registrar an affidavit stating the date of the bill of sale and of
the last
registration fhereof, and the natnes, residences, and occupations of the
parties thereto as stated therein, and that the bill of sale is still a
sub-
sisting security.
Every such affidavit may be in the form set forth in the schedule
A hereto.
4 .
A renewal of registration shall not become necessary by reason only
of a =transfer or assignment of a bill of sale.
Renew al of
registration,
(4l & 42 v. c.
31, s. al.1
of sale' to,
iave schedule
=` -of property..
attached.
[45 & 40 V. c.
Q RDINANC I~; No. 1 2 of 1886.
Bills of Sale.
12. Every bill of sale shall have annexed thereto or written there-
under a schedule containing an inventory of the personal chattels com-
prised in the hill of sale; and such bill of sale save as hereinafter men-
tioned, shall have effect only in respect of the personal chattels
specifically
described in the said schedule, and shall be void except as against the
grantor in respect of any personal chattels not w specifically described.
Bill of sale 13: Save as hereinafter mentioned, a hill of sale shall be
void ezcept-
xiot to affect
:after acquired as against the grantor in respect of any personal
chattels specifically de-
oroperty. .
~4s & 46 v. c. scribed in the schedule thereto of which the grantor was
not the true
`4s' s' C'' owner at the time of the execution of the bill of sale.
Exception as 14. Nothing hereinl)efore contained shall render a bill of
sale void
to certain,
`.thing. in respect of any of the following things, (that is to say) :-
r3~ ~ s~J (1. ) Any growing crops separately assigned or charged where
such crops were actually growing at the time «=hen the
bill of' sale teas executed.
T;3u` of sale
~tvi~fi power ~ta
`seize egeept
is certain--'
events to he
''vbid.
bid. s: 7:]
(2.) .Any fixtures separately`assigned or charged and any plant
or trade machinery where such fixtures plant or trade
machinery are used in attached to or brought upon any
land, farm, factory, workshop, shop, house, warehouse,
or other place in substitution for any of the like, fixtures,
plant or trade machinery specifically described in the
schedule to such bill of sale.
15. Per sonal chattels assigned under a bill of sale shall not be. liable
to be seized or taken possession of by the ~ra,ntee for any other than the
'following causes:--
(1. ) ~ If the grantor shall make default in payment of the suns
or surrs of money thereby secured at.the time herein.
provided for payment or in the performance of any
covenant or agreement contained in the bill of sale and
necessary for trainta,ining the security-;
( 2. ) I f the grantor shall become a branhnupt or suffer the said
goods or any of thorn to be distrained for rent, rates or
taxes ;
(03.j If the grantor shall fraudulently either remove or st'ffer
the said goods or any of them to be removed from the
premises;
ORDINANCE \o. 1-0 of 1886.
Bills of Sale.
(4.) If the grantor shall not without reasonable excuse upon
demand in writing by the grantee produce to him his
last receipts for rent, rates and taxes;
( 5.) , If execution shall have been levied. against the goods of
the grantor under any judgment at law ;
Provided that the grantor may within five days from the seizure or taking
possession of any chattels on account of any of the above mentioned
causes apply to the Court or to a. Juagc; thereof in Chambers, and such
Court or Judge 4 satisfied that by payment of money or otherwise the
said cause of seizure no longer exists, may restrain the grantee from
removing or selling the said chattels or may make such other order as
may seem just.
v
16. A bill of sale made or (riven by 'way of security for the payment
Forin of hill
of money by the grantor thereof shall be void unless made in accordance
~~ & .
[46 & , 46 V.
with the form in the schedule B hereto. ~ 43' S' a' j
I'7. Every bill of salennade or given in consideration of any sum
under one hundred and fifty dollars ,shall b4 void. '
18. All personal chattels seized or of which possession is taken after
the commencement of this Ordinance under or by virtue of any bill of
sale (whether registered before or after the commencement of this Oldi»
nance) shall remain on the premises where they were so seized or so
taken possession of and shall not be removed or sold until after the expi-
ration of five clear days from the day they were so seized or so taken
possession of-.
19. A bill of sale to which this ordinance applies shall be no protec-
tion in respect of personal chattels included in such bill csale which but
for such bill of sale would have been liable to distress under a warrant
or
order, for the recovery of taxes and rates,
20. The Registrar shall keep a book (in this Ordinance called ' the
Bill of sale
under $150
to be void.
[45 & 46 V.
4:s; s. 12.E .
Chattels not
to X18 reIIlOVed
-
or sold.
[Ibid. s. 13.'[
Bill of sale
not to protect
chattels
against taxes
and rates.
[Ibid. s. I4:]
corm of
register') for the purposes of this Ordinance, and shall, upon the filing
of any bill of sale or copy under this Ordinance, enter therein in the
form [41 & 42 V.
31' $'S t''~
set forth in the schedule C hereto, or in any other prescribed form, tine
name, residence, and occupation of the person by whom the bill was made
or given (or in case, the same was made or given by any person under or `
in the execution of process, then the name, residence, and occupation of
ORDINANCE No. 12 of 1856.
Bills of Sale.
the person against whom such process was issued, and also the name of
the person or persons to whom or in whose favour the bill was given),
and the other particulnrs shonw in the said schedule or be prescribed
under this Ordinance, and shall number all such bills registered in each
year consecutively, according to the respective dates of their registration.
Upon the registration of any affidavit of renewal, the like entry shall
be made, with the addition of the date and number of the last previous
entry relating to the same bill, and the bill of sale or copy originally filed
shall be thereupon marked with the number affixed to such affidavit of
renewal.
The Registrar shall also keep an index, the names of the grantors
of registered bills of sale with reference to en lies, in the register of the
bills of sale given by each such grantor.
Such index shall be arranged in divisions corresponding with the
letters of the alphabet, so that all grantors whose surnames begin with
the same letter and no others) shall be comprised in one division, but
the arrangement within each such division need not be strictly alphabet-
ical.
21. Any Judge of the.Supreme Court, on being satisfied that the
omission to register a bill of saIe or an a affidavit of renewal thereof within
thie time prescribed by this Ordinance, or the omission or misstatement
of the name, residence, or occupation of any person, was accidental or
due to inadvertence, may in his discretion order such omission or mis-
statement to be rectified by the insertion in the register of the true name,
residence; or occupation, or by extending the time for such registration
on such terms and conditions (if any) as to security, notice by advertise-
ment or otherwise, or as to any, other matter, as he thinks fit to direct.
22. Subject to and in accordance with any rules to be made under
and for the purposes of this Ordliance, the Registrar may order a memo-
randum of satisfaction to be written upon any registered copy of a bill of
sale, upon the prescribed evclence being given that the debt (if any) for
which such bill of sale was made or given has been satisfied or discharged.
23. Any person shall be entitled to have an office copy or extract
of any registered bill of sale and affidavit of execution filed therewith, or
copy thereof, and of any affidavit filed therewith, if any, or registered
affidavit of renewal, upon paying for the sarne at the like rate as for
office copies of judgments of the Supreme Court, and any copy of a
ORDINANCE No. 12 OF 1886.
Bills of Sale.
registered bill of sale, and affidavit purporting to be an office copy thereof,
shall in all Court's and before all arbitrators or other person, be admitted
as prima facie evidence thereof, and of the fact and date of registration as
shown thereon. Any person shall be entitled at all reasonable times to
search the register upon payment of 25 cents subject to such regulations
as may be prescribed and shall be entitled at all reasonable times to
inspect, examine and make extracts from any and every reigstered bill of
sale without being required to make a written application or to specify
any particulars in reference thereto upon payment of a fee of 25 cents for
each bill of sale inspected. Provided that the said extracts shall be
limited to the dates of execution, registration, renewal of registration and
satisfaction, to the names, addresses and occuptions of the parties to the
amount of the consideration, and to any further particulars prescribed by
any rules made under the provisions of this Ordinance.
24. Every affidavit required or for the purposes of this Ordinance
may be sworn before the Registrar or before any commissioner empowered
to administer oaths in the Supreme Court.
Whoever wilfully makes or uses any false affidavit or declaration
for the purpose of this Ordinance shall be deemed guilty of wilful and
corrupt perjury.
25. The fees hereunder stated and such other fees as may be
hereafter prescribed shall be paid to the Registrar who shall account for
the same in like manner as is now done with respect to other fees received
by him,by virtue of his office, viz.
On filing a bill of sale, ................ 50 cents.
On filing the affidavit of execution of a bill
of sale ........................................50 cents.
On the affidavit used for the purpose of
re-registering a bill of sale (to include
the fee for filing), ........................$1.25
For an official cerificate of the result of a
search in one name in any register or
index under the custody of the Registrar
of bills of sale, ...........................$1.25
For every additional name, if include in the
same certificate, .......................$50 cents.
ORDINANCE No. 12 OF 1886.
Bills of Sale.
For a duplicate copy or certificate if not more
than three folios, .......... ... 25 cents.
For every additional folio, ...12 cents.
For a continuation search if made within 14
days of date of official certificate (the
result to be endorsed on the certificate), 25 cents.
26. Rules for the purposes of this Ordinance may be made and
altered from time to time by the like persons and in the like manner in
which rules may be made under and for the purposes of the Supreme
Court under section 24 of Ordinance No. 12 of 1873.
Until altered, added to, or annulled the rules contained in schedule
D hereto shall be the rules under and for the purposes of this Ordinacne.
27. When the time for registering a bill of sale expires on a Sunday
or other day on which the offices of the Supreme Court are closed, such
registration shall be valid of made on the next following day on which
the office is open.
28. Nothing in this Ordinance shall apply to any debentures issued
by any mortgage, loan or other incorporated company and secured upon
the capital, stock or goods, chattels and effects of such company.
--------------
SHCEDULES.
(A.)
I, (A. B.), of do swear that a bill of sale, bearing date the day of
18 (insert date of bill) and made between (insert names and desciptions of
the parties in the original bill of sale) and which said bill of sale (or and a copy of which
said bill of sale, as the case may be was registered on the day of
18 (insert date of registration) is still a subsisting security.
Sworn &c.
--------------
SHCEDULES.
(B.)
This indenture made the day of between A. B. of of
the one part and C. D. of of the other part, witnesseth that in consideration
of the sum of $ now paid to A. B. by C. D. the receipt of which sum the said
A. B. hereby acknowledges (or whatever else the consideration may be), he the said A. B.
doth hereby assign unto C. D., his executors administrators and assigns, all and
singular the several chattels and things specifically described in the schedule hereto
uses of this Ordinance.
~.le empires on a Sunday
e Court are closed, such
followin0 day on which
ly, to any debentures issued
a. company and secured upon
d cts of such compRny.
S.
li of sale, bearing date the day of
etR-een (insert names and descriptions of
h said bill of sale (or and a copy of which
st.ered on the day of
stilt a subsisting security.
between A. B. of of
the other part, witnesseth that in consideration
F o A. B. by C.D. the~receipt of which sum the said
ver else the consideration may be), he the said A. B.
i-s executors administrators'. and assigns, all and
;hinge .specif eally described in the schedule hereto
ORDINANCE No. 1 2 of 1886.
.Bills of Sale.
annexed by way of security for the payment of the sum of and interest
thereon
at the rate of per cent. per annum (or whatever else may be the rate). And
the said
A. B. doth further agree and declare that he will duly pay to the said C.
D. the
principal sum aforesaid together with the interest then due by equal
payments of
on the day of (or whatever else may be the stipulated times or tune of
payment).
And the said A. B. doth also agree with the said L. D. that he will (here
i9asert terms
as to insurance, payment of rent or otherwise which the parties may agree
to for the
,inaiWenance or defeasance of the security). Provided always that the
chattels hereby
assigned shall not be liable to seizure or to be tae; en possession of
lay the su,id C. D.
for any cause other than those specified in section 15 of 'The Bills of
Sale Ordinance
1886.'
In witness, ~~c.
Signed and sealed by the said A. 33. in the presence of nIe E. F.
(add Witness' name, address, and description).
Ilk w1lom given , (or
against wh' -
process IaS'U~4~n).
Form (if mgistcr
tender s. 2u.
1. A memorandum of satisfaction may be ordered to be written upon a
registered -Nf'emorandum o
satiafaction o
copy of a bill of sale on a consent to the satisfaction,' signed by the
person entitled to billao gale.
[I2. S. C. England
the benefit of- the, bill of sale, and verified byaffidavit, being
produced to the Registry, ~~der, rI, r ~s:~ .
,d filed.-in the Supreane Cd'nrt:
ORDINANCE No. 12 of 1886.
Bills of Sale.
2. Where this consent cannot be obtained, the Registrar nay on
application by
summons, and on hearing the person entitled to the benefit of the bill of
sale, or on
affidavit of service of the summons on that person, and in either case on
proof to the
satisfaction of the Registrar that the debt (if any) for which the bill
of sale was made
has been satisfied or discharged order a ineinoranducn of satisfaction to
be written upon
a registered copy thereof.
Rules Where 3. If the attesting witness and deponent is a solicitor, and
described as such, the
attesting witness
is a solicitor. entry of the satisfaction will be directed by the
Registrar (the papers being otherwise
(Practice rules,
';~j'd, '.sy correct) as of course; but under special circumstances the
Registrar may accept any
other deponentif s:Ltisfied that he if a proper person to attest and
verify the signature
and consent.,
[In fol'crf-nna 12t>> July, 1886, under p»roclancatinn of thr loth fuly,
1886.]
1972
Short title.
Commencement.
[41 & 42 V. c. 31, s. 2 & 3.]
Repeal of Ordinance No. 10 of 1864.
[41 & 42 V. c. 31, s. 23.]
Interpretation of terms.
[41 & 42 V. c. 31, s. 4.]
1973
[45 & 46 V. c. 43, s. 3.]
1974
Application of Ordinance to trade machinery.
[41 and 42 V. c. 31, s. 5.]
1975
Certain instruments giving powers of distress to be subject to this Ordinance.
[41 and 42 V. c. 31, s. 6.]
Fixtures or growing crops not to be deemed separately assigned when the land passes by the same instrument.
[41 and 42 V. c. 31, s. 7.]
1976
Bill of sale to be void unless attested and registered.
[45 and 46 V. c. 43, s. 8.]
Avoidance of certain duplicate bills of sale.
[41 and 42 V. c. 31 s. 9.]
Mode registering.
[41 & 42 V. c. 31, s. 10 45 & 46 V. c. 43, s. 10.]
1977
Renewal of registration.
[41 & 42 V. c. 31, s. 11.]
1978
Bill of sale to have schedule of property attached.
[45 & 46 V. c. 43, s. 4.]
Bill of sale not to affect after acquired property.
[45 & 46 V. c. 43, s. 5.]
Exception as to certain things.
[45 & 46 V. c. 43, s. 6.]
Bill of sale with power to seize except in certain events to be void.
[Ibid. s. 7.]
1979
Form of bill of sale.
[45 & 46 V. c. 43, s. 9.]
Bill of sake under $150 to be void.
[45 & 46 V. c. 43, s. 12.]
Chattels not to be removed or sold.
[Ibid, s. 13.]
Bill of sale not to protect chattels against taxes and rates.
[Ibid. s. 14.]
Form of register.
[41 & 42 V. c. 31, s. 12.] 1980
Rectification of register.
[41 & 42 V. c. 31, s. 14.]
Entry of satisfaction.
[41 & 42 V. c. 31, s. 15.]
Copies may be taken.
[41 & 42 V. c. 31, s. 16.]
1981
[45 & 46 V. c. 31, s. 16.]
Affidavits.
[41 & 42 V. c. 31, s. 17.]
Fees.
[41 & 42 V. c. 31, s. 18, see Ord. 10 of 1864, s. 5.]
1982
Rules.
[41 & 42 V. c. 31, s. 21.]
Time for registration.
[41 & 42 V. c. 31, s. 22.]
Debentures to which this Ord. does not apply.
[45 & 46 V. c. 43, s. 17.]
Form of affidavit under s. 11.
Form of bill of sale under s. 16.
1983
Form of register under s. 20.
Memorandum of satisfaction of bills of sale.
[R. S. C. England order 61, r. 26.]
1984
Order for memorandum of satisfaction of bills of sale.
[Ibid, r. 27.]
Rules where attesting witness is a solicitor.
[Practice rules, England, 1884, r. 14.]
Abstract
1972
Short title.
Commencement.
[41 & 42 V. c. 31, s. 2 & 3.]
Repeal of Ordinance No. 10 of 1864.
[41 & 42 V. c. 31, s. 23.]
Interpretation of terms.
[41 & 42 V. c. 31, s. 4.]
1973
[45 & 46 V. c. 43, s. 3.]
1974
Application of Ordinance to trade machinery.
[41 and 42 V. c. 31, s. 5.]
1975
Certain instruments giving powers of distress to be subject to this Ordinance.
[41 and 42 V. c. 31, s. 6.]
Fixtures or growing crops not to be deemed separately assigned when the land passes by the same instrument.
[41 and 42 V. c. 31, s. 7.]
1976
Bill of sale to be void unless attested and registered.
[45 and 46 V. c. 43, s. 8.]
Avoidance of certain duplicate bills of sale.
[41 and 42 V. c. 31 s. 9.]
Mode registering.
[41 & 42 V. c. 31, s. 10 45 & 46 V. c. 43, s. 10.]
1977
Renewal of registration.
[41 & 42 V. c. 31, s. 11.]
1978
Bill of sale to have schedule of property attached.
[45 & 46 V. c. 43, s. 4.]
Bill of sale not to affect after acquired property.
[45 & 46 V. c. 43, s. 5.]
Exception as to certain things.
[45 & 46 V. c. 43, s. 6.]
Bill of sale with power to seize except in certain events to be void.
[Ibid. s. 7.]
1979
Form of bill of sale.
[45 & 46 V. c. 43, s. 9.]
Bill of sake under $150 to be void.
[45 & 46 V. c. 43, s. 12.]
Chattels not to be removed or sold.
[Ibid, s. 13.]
Bill of sale not to protect chattels against taxes and rates.
[Ibid. s. 14.]
Form of register.
[41 & 42 V. c. 31, s. 12.] 1980
Rectification of register.
[41 & 42 V. c. 31, s. 14.]
Entry of satisfaction.
[41 & 42 V. c. 31, s. 15.]
Copies may be taken.
[41 & 42 V. c. 31, s. 16.]
1981
[45 & 46 V. c. 31, s. 16.]
Affidavits.
[41 & 42 V. c. 31, s. 17.]
Fees.
[41 & 42 V. c. 31, s. 18, see Ord. 10 of 1864, s. 5.]
1982
Rules.
[41 & 42 V. c. 31, s. 21.]
Time for registration.
[41 & 42 V. c. 31, s. 22.]
Debentures to which this Ord. does not apply.
[45 & 46 V. c. 43, s. 17.]
Form of affidavit under s. 11.
Form of bill of sale under s. 16.
1983
Form of register under s. 20.
Memorandum of satisfaction of bills of sale.
[R. S. C. England order 61, r. 26.]
1984
Order for memorandum of satisfaction of bills of sale.
[Ibid, r. 27.]
Rules where attesting witness is a solicitor.
[Practice rules, England, 1884, r. 14.]
Short title.
Commencement.
[41 & 42 V. c. 31, s. 2 & 3.]
Repeal of Ordinance No. 10 of 1864.
[41 & 42 V. c. 31, s. 23.]
Interpretation of terms.
[41 & 42 V. c. 31, s. 4.]
1973
[45 & 46 V. c. 43, s. 3.]
1974
Application of Ordinance to trade machinery.
[41 and 42 V. c. 31, s. 5.]
1975
Certain instruments giving powers of distress to be subject to this Ordinance.
[41 and 42 V. c. 31, s. 6.]
Fixtures or growing crops not to be deemed separately assigned when the land passes by the same instrument.
[41 and 42 V. c. 31, s. 7.]
1976
Bill of sale to be void unless attested and registered.
[45 and 46 V. c. 43, s. 8.]
Avoidance of certain duplicate bills of sale.
[41 and 42 V. c. 31 s. 9.]
Mode registering.
[41 & 42 V. c. 31, s. 10 45 & 46 V. c. 43, s. 10.]
1977
Renewal of registration.
[41 & 42 V. c. 31, s. 11.]
1978
Bill of sale to have schedule of property attached.
[45 & 46 V. c. 43, s. 4.]
Bill of sale not to affect after acquired property.
[45 & 46 V. c. 43, s. 5.]
Exception as to certain things.
[45 & 46 V. c. 43, s. 6.]
Bill of sale with power to seize except in certain events to be void.
[Ibid. s. 7.]
1979
Form of bill of sale.
[45 & 46 V. c. 43, s. 9.]
Bill of sake under $150 to be void.
[45 & 46 V. c. 43, s. 12.]
Chattels not to be removed or sold.
[Ibid, s. 13.]
Bill of sale not to protect chattels against taxes and rates.
[Ibid. s. 14.]
Form of register.
[41 & 42 V. c. 31, s. 12.] 1980
Rectification of register.
[41 & 42 V. c. 31, s. 14.]
Entry of satisfaction.
[41 & 42 V. c. 31, s. 15.]
Copies may be taken.
[41 & 42 V. c. 31, s. 16.]
1981
[45 & 46 V. c. 31, s. 16.]
Affidavits.
[41 & 42 V. c. 31, s. 17.]
Fees.
[41 & 42 V. c. 31, s. 18, see Ord. 10 of 1864, s. 5.]
1982
Rules.
[41 & 42 V. c. 31, s. 21.]
Time for registration.
[41 & 42 V. c. 31, s. 22.]
Debentures to which this Ord. does not apply.
[45 & 46 V. c. 43, s. 17.]
Form of affidavit under s. 11.
Form of bill of sale under s. 16.
1983
Form of register under s. 20.
Memorandum of satisfaction of bills of sale.
[R. S. C. England order 61, r. 26.]
1984
Order for memorandum of satisfaction of bills of sale.
[Ibid, r. 27.]
Rules where attesting witness is a solicitor.
[Practice rules, England, 1884, r. 14.]
Identifier
https://oelawhk.lib.hku.hk/items/show/499
Edition
1890
Volume
v4
Cap / Ordinance No.
No. 12 of 1886
Number of Pages
13
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BILLS OF SALE ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed January 29, 2025, https://oelawhk.lib.hku.hk/items/show/499.
