BILLS OF SALE ORDINANCE, 1886
Title
BILLS OF SALE ORDINANCE, 1886
Description
ORDINANCE No. 7 of 1886.
Bills of Sale
AN ORDINANCE to consolidate and amend the Law for preventing
Frauds upon Creditors by Secret Bills of Sale of Personal
Chattels.
[12th July, 1886.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follow:-
1. This Ordinance may be cited as the Bills of Sale Ordinance, 1886.
2. In this Ordinance, unlesss the context otherwise requires,-
The expression 'Bill of Sale' includes bills of sale, assignments,
transfers, declarations of trust without transfer, inventories of goods
with receipt thereto attached, or receipts for purchase moneys of
goods, and other assurances of personal chattels, and also powers of
attorney, authorities, or licences to take possession of personal
chattels as security for any debt, and also any agreement, whether
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, is conferred, but does 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 assignments of any ship 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-keepers'
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 indorsement or by delivery, the
possessor of such document to transfer or receive goods thereby
represented: Provided always that in the construction of sections
8, 10 (1.), 12 to 19, both inclusive, and 23 the said expression does
not include bills of sale or other instruments hereinbefore mentioned
which may be given otherwise than by way of security for the
payment of money;
The expression 'Personal Chattels' means goods, furniture, and
other articles capable of complete transfer by delivery, and (when
separately assigned or charged) fixtures and growing crops, but
does not include fixtures (except trade machinery as hereinafter
defined) when assigned together with any interest in any land or
building to which they are affixed, or growing crops when assigned
together with any interest in the land on which they grow, or shares
or interests in the stock, funds, or securities of any Government or
in the capital or property of, incorporated or joint stock companies,
or choses in action, or any stock or produce upon any farm or lands
which, by virtue of any convenant or agreement, ought not to be
removed from amy farm where the same are at the time of making
or giving of such bill of sale:
Personal chattels shall deemed to be in the apparent possession 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 given to any other person:
'The Registrar' means the Registrar of the Supreme Court or his
deputy:
'Affidavit' includes any affirmation or declaration of any person by
law allowed to make an affirmation or declaration in lieu of any
affidavit:
'Prescribed' means prescribed by rules made under the provisions
of this Ordinance.
3. This Ordinance shall apply to every bill of sale executed after the
commencement of this Ordinance (whether the smae is 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 Colony comprised in or made subject to such bill of sale.
4. Any renewal after the commencement of this Ordinance of the
registration of a bill of sale executed before the commencement of this
Ordinance, and duly registered according to law, shall be made under
this Ordinance in the same manner as the renewal of a registration
made under this Ordinance.
5.-(1.) Form and after the commencement 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
owner thereof which would be 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.
(2.) For the purposes of this Ordinance, trade machinery means the
machinery used in or attached to any factory or workshop-
1st, exclusive of the fixed motive-powers, such as the water-wheels
and steam engines, and the steam-boilers, donkey engines, and
other fixed appurtenances of the said motive-powers; and
2nd, exclusive of the fixed power machinery, such as the shafts,
wheels, drums, and their fixed appurtenances, which transmit
the action of the motive-powers to the other machinery, fixed
and loose; and
3rd, exclusive of the pipes for steam, gas, and water in the factory
or workshop.
(3.) 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.
(4.) Factory or workshop means any premises on which any manual
labour is exercised by way of trade, or for purposes of gain, in or incidental
to the following purposes or any of them; that is to say,-
(a.) in or incidental to the making any article or part of an article;
or
(b.) in or incidental to the altering, repairing, or finishing of any
article; or
(c.) in or incidental to the adapting for sale any article.
6. Every attornment, instrument, or agreement, not being a mining
lease, whereby a power of distress is given or agreed to be given by any
person to any other person by way of security for any present, future,
or contingent debt or advance, and whereby and 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
deemed to be a bill of sale, within the meaning of this Ordinance, of any
personal chattels which may be seized or taken under such power of
distress: Provided that nothing in this section shall extend to any mortgage
of any estate or interest in any land or tenement which the mortgagee,
being in possession, has demised to the mortgagor as his tenant
at a fair and reasonable rent.
7.-(1.) No fixtures or growing crops shall be deemed, under this
Ordinance, to be separately assigned or charged by reason only that they
are assigned by separate words, or that power is given to sever them
from the land or building to which they are affixed or from the land on
which they grow 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 person or persons.
(2.) The same rule of construction shall be applied to all deeds or
instruments, including fixtures or growing crops, executed before the
commencement of this Ordinance and then subsisting and in force, in all
questions arising under any bankruptcy, liquidation, assignment for the
benefit of creditors, or exection of any process or any Court, which
takes place or is issued after the commencement of this Ordinance.
8. Every bill of sale shall be duly attested and shall be registered
within seven clear days after the execution thereof, or, if it is executed
in any place out of the Colony, then within seven clear days after the
time at which it would, in the course of post, arrive in the Colony if
posted 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.
9. Where a subsequent bill of sale is executed within or on the
expiration of seven days after the execution of a prior unregistered bill
of sale, and comprises all or any part of the personal chattels comprised
in such prior bill of sale, then, if such subsequent bill of sale is given as
a security for the same debt as is secured by the prior bill of sale or for
any part of such debt, it shall, to the extent to which it is a security for
the same debt or part thereof and 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 bona fide given for the purpose of
correcting some material error in the prior bill of sale, and not for the
purpose of evading this Ordinance.
10.-(1.) A bill of sale shall be attested and registered under this
Ordinance in the following manner:-
(a.) the execution of the bill by the grantor shall be attested by one
or more credible witness or witnesses, not being a party or parties
thereto:
(b.) the bill, with every schedule or inventory thereto annexed or
therein referred to, and also a true copy of the bill, and of
every such schedule or inventory, and of every attestation of the
execution of the bill, together with an affidavit of the time of the
bill being made or given and of its due execution and attestion,
and a description of the residence and occupation of the person
making or giving the same (or, in case the same is made or given
by any person under or in the execution of any process, then a
description of the residence and occupation of the person against
whom such process issued), and of every attesting witness to the
bill shall be presented to, and the said copy and affidavit shall be
Magistrate shall, before committing the accused to prison for _trial
or before admitting him to bail to take his trial, in the presence of
the accused pro ' ceed to take evidence for and on behalf of the
prosecutor n)d Ills witnesses ill the sallic llialiller as is hercillbefore
provided for the takitil(y of the evidence, of the coinplainant or infor-
inant and his williosses oil a. colliplailit or inforillatiol) tot- all offence
punishable on summary conviction.
(2) The accused or his counsel sha~ll be at liberty to put quest* oils
to any witnesses produced agains! Iiiiii, and further the depositions
C)
or evidence of the prosecutor and his witnesses shall, in the,presence
of the accused, be, read over to and signed respectivel by the
0 y
witnesses who have been so examined, and shall also be signed b~
the Magistrate taking the same.
73.-(1) After the examination of all the witnesses on the part
of tile proseciltio, Ilas bee,, completed .0ic Magistrate hearing the
case shall, it desired by the accused, -without requiring the attend-
ance of the witnesses, read or cause to be read to the accused,~bt,
when necessary, cause to be interpreted, the depositions takeil
against hini, and shall say to him these words or words to
the like effect or cause the same to be interpreted to him
Having heard the evidence, do you wish to say anything in,
llanswer to the char-c ? You are not obliged to say anything unless
you desire to do so, but whatever you say will ])c taken down in
writing and inny )w Ifivell ill evidellec Vou upoil. your
trial.
(2) Whatever the accused then says in answer thereto shall be
taken down in writilig and read over to lilin, and shall be sirri'led by
1he Magistrate and kept with the depositions of the witnesses, and
shall be transmitted with thein as hereinafter mentioned: Provided
always that the Magistrate, before the accused makes any
l-nent, shall state or cause to be interpreted to him and give him or
cause him clearly to understand that lie, has nothing to hope from
0
any promise of favour and riothing to fear from any threat which
may have been liolden out to lilin to Indace hin-i to make any
admission or confession of his guilt, but that whatever lie shall then
say may be given ill evidence against Lim on his trial not-withstand-
ing such promise or threat.
,(3) Any statement which purports to have been taken down and
signect as provided in subsection (2) shall be admissible in evidence
* As americled by No. 8 of 1912.
crops were actually growing the time when the bill of sale was
executed; and
(2.) any fixtures separately assigned or charged and any plant or
trade machinery where such fixtures, plant, or trade machinery are
or is 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, plants, or trade machinery specifically
described in the schedule to such bill of sale.
15. Personal chattels assigned under a bill of sale shall not be liable
to be seized or taken possession of by the grantee for any other than the
following causes:-
(1.) If the grantor makes default in payment of the sum or sums of
money thereby secured at the time therein provided for payment
or in the performance of any convenant or agreement contained in
the bill of sale and necessary for maintaining the security; or
(2.) if the grantor becomes a bankrupt or suffers the said goods or
any of them to be distrained for rent, rates, or taxes; or
(3.) if the grantor fraudulently either removes or suffers the said
goods or any of them to be removed from the premises; or
(4.) if the grantor does not, without reasonable excuse, upon demand
in writing by the grantee, produce to him his last receipts for rent,
rates, and taxes; or
(5.) if execution has 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
cause, apply to the Court or to a Judge thereof in Chambers,
and such Court or Judge, if 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.
16. A bill of sale made or given by way of security for the payment
of money by the grantor thereof shall be void unless made in accordance
with the Form No. 2 in the First Schedule to this Ordinance.
17. Every bill of sale made or given in consideration of any sum
under one hundred and fifty dollars shall be 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 Ordinance)
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
expiration of five clear days from the day they were so seized or or
taken possession of.
19. A ill of sale to which this Ordinance applies shall be no protection
in respect of personal chattels included in such bill of sale which,
but for such bill of sale, would have been liable to distress under a warrant
or order for the recovery of rates and taxes.
20.-(1.) The Registrar shall keep a book (in this Ordinance called
'the register') for the purposes of this ordinance, and shall, on the
filing of any bill of sale or copy under this Ordinance, enter therein, in
the Form No. 3 in the First Schedule to this Ordinance or in any other
prescribed form, the 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 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 particulars shown in the said
form or to be prescribed under this ordinance, and shall number all such
bills registered in each year consecutively, according to the respective
dates of their registration.
(2.) On 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 oringinally
filed shall be thereupon marked with the number affixed to such affidavit
of renewal.
(3.) The Registrar shall also keep an index of the names of the grantors
of registered bills of sale with reference to entries in the register of
the bills of sale given by each such grantor.
(4.) 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 alphabetical.
21. Any Judge of the Supreme Court, on being satisfied that the
omission to register a bill of sale or an affiadvit of renewal thereof within
the 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 ommission or misstaement
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 advertisement
or otherwise, or as to any other matter, as he thinks fit to direct.
22. Subject to an in accordance with any rules to be made under
and for the purposes of this Ordinance, the Registrar may order a memorandum
of satisfaction to be written upon any registered copy of a bill
of sale, on the prescribed evidence being given that the debt, if any, for
which such bill of sale was made or given has been satisfied or discharged.
23.-(1.) Any person shall be entitled to have an office copy or extract
of any registered bill of sale affidavit of execution filed therewith,
or copy thereof, and of any affidavit filed therewith, or registered
affidavit or renewal, on paying for the same at the like rate as for office
copies of judgments of the Supreme Court.
(2.) Any copy of a registered bill of sale, and affidavit purporting to
be an office copy thereof, shall, in all Courts and before all arbitrators or
other persons, be admitted as prima facie evidence thereof and of the
fact and date of registration as shown thereon.
(3.) Any person shall be entitled at all reasonable times to search the
register on payment of a fee of twenty-five 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 registered bill of
sale, without being required to make a written applicatio or to specify
any particulars in reference thereto, on payment of a fee of twenty-five
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 occupations of
the parties, to the amount of the consideration, and to any further particulars
prescribed by any rules made under and for the purposes of this
Ordinance.
24.-(1.) Every affidavit required by 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.
(2.) Every person who wilfully makes or uses any false affidavit or
declaration for the purposes of this Ordinance shall be deemed guilty of
wilful and corrupt perjury.
25. The fees mentioned in the Second Schedule to this Ordinance,
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 this Office.
26.-(1.) 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 the Supreme Court Ordinance, 1873. (2) until altered, added to, or annulled, the rules contained in the
Third Schedule to this ordiance shall be the rules under and for the
purposes of this Ordinance.
27 when the time ofr registering a bill of sale expires on a Sunday
or other day on which the officers of the supreme court are closed, such
registration shall be valid if made on the next following day on which
the offices are open.
28 nothing in this Ordinance shall apply to any debentures issued
by any mortgage, loan, or other incorported company and secured upon
the capital stock or goods, chattels, and effects of such company.
SCHEDULEDS.
THE FIRST SCHEDULE.
FORMS
FORM NO.1
Affidavit of Removal.
I, A.B., of do swear that a bill of sale, bearing date the
day of , I , and made between [insert names and
descriptions 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 , I , is still a subsisting
securtiy.
Sworn, &c.
FORM NO.2
Bill of Sale.
This indenture made the day of , I , between A.B.,
of of the one part and C.D., of of the other part,
witnesseth that, in consideration of the sume 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, administraors, and assigns, all and singular
the several chattels and things specifically described in the schedule hereto
annexed by way of security for the payment of the sum of $ and interest
thereon at the rate 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 I ,
[or whatever else may be the stipulated time or times of payment]. and
the said A.B. doth also agree with the said C.D. that he will [here insert
terms as to insurance, payment of rent, or otherwise, which the parties may
agree to for the maintenance or defeasance of the security]. provided al-
ways that the chattels hereby assigned shall not be liable to seizure or to be
taken possession of by the said C.D. for any cause other than those specified
in section 15 of the bills of sale ordinance, 1886.
in witness, etc.
signed and sealed by the said A.B. in the presence of me, E.F.
[add witness's name, address, and description].
FORM NO.3.
Register. THE SECOND SCHEDULE.
TABLE OF FEES
1 ON FILING A BILL OF SALE ...............$C0.50
2 ON FILING THE AFFIDAVIT OF EXECUTION OF A BILL OF SALE ..........0.50
3 ON THE AFFIDAVIT USED FOR THE PURPOSE OF RE-REGISTERING A BILL OF
SALE(TO INCLUDE THE FEE FOR FILING)................1.25
4 FOR AN OFFICIAL CERTIFICATE OF THE RESULT OF A SERACH IN ONE NAME IN
ANY REGISTER OR IDEX UNDER THE CUSTODY OF THE REGISTRAR OF BILLS
OF SALE...................1.25
5 FOR EVERY ADDITIONAL NAME, IF INCLUDED IN THE SAME CERTIFICATE........0.50
6 FOR A DUPLICATE COPY OR CERTIFICATE, IF NOT MORE THAN THREE FOLIOS.........0.25
7 FOR EVERY ADDITIONAL FOLIO...............0.12
8 FOR A CONTINUATION SEARCH, IF MADE WITHIN 14 DAYS OF THE DATE OF
THE OFFICIAL CERTIFICATE, (THE RESULT TO BE INDORSED ON THE CERTIFICAT).....0.25
THE THIRD SCHEDULE.
RULES.
1 a memorandum of satisfaction may be ordered to be written upon a registered
copy of a bill of sale on a consent to the satisfaction, signed by the
person entitled to the benefit of the bill of sale, and verified by addidavit being
produced to the Registrar and filed in the Supreme Court.
2 where this consent cannot be obtained, the Registrar may, on application
by summons, and on hearing the person entitled to the benefit of the bill of
sale or on addidavit 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
memorandum of satisfaction to be written upon a registered copy thereof.
3 if the attesting witness and deponent is a solicitor, and described as
such, the entry of the satisfaction will be directed by the Registrar (the
papers being otherwise correct) as of course: but under special circumstances
the Registrar may accept any other deponent, if satisfied that he is a proper
person to attest and verify the signature and consent. A.D. 1886. Ordinance No. 12 of 1886.
Short title.
Interpretation of terms.
41 & 42 Vict.c. 31 s. 4.
45 & 46 Vict.c. 43 s. 3.
41 & 42 Vict.c. 31 s. 4. 41 & 42 Vict.c. 31 s. 4. Application of the Ordinance. Ib.s.3. Renewal of existing bills of sale. Application of the Ordinance to trade machinery. Ib.s.5. Certain instrument giving power of distress to be subject to the Ordinance. 41 & 42 Vict.c. 31 s. 6. Fixtures or growing crops not to be deemed separately assigned when the land passes by same instrument. Ib.s.7. Avoidance of bill of sale unless attested and registered. 45 & 46 Vict.c. 43 s. 8. Avoidance of certain duplicate bills of sale. 41 & 42 Vict.c. 31 s. 9. Mode of registering bill of sale. Ib.s.10; 45 & 46 Vict.c. 43 s. 10. Renewal of registration. 41 & 42 Vict.c. 31 s. 11. First Schedule: Form No. 1. Bill of sale to have schedule of property attached. 45 & 46 Vict.c. 43 s. 4. Bill of sale not to affect after-acquired property. Ib.s.5. Exception as to certain things. Ib.s.6. Limitation of causes of seizure. 45 & 46 Vict.c. 43 s. 7. Form of bill of sale. Ib.s.9. First Schedule: Form No. 2. Avoidance of bill of sale under $150. Ib.s.12. Rule as to situation and sale of chattels. Ib.s.13. Bill of sale not to protect chattels against rates and taxes. 45 & 46 Vict.c. 43 s. 14. Form of register. 41 & 42 Vict.c. 31 s. 12. First Schedule: Form No. 3. Rectification of register. Ib.s.14. Entry of satisfaction. 41 & 42 Vict.c. 31 s. 15. Right to have copies. Ib.s.16. 45 & 46 Vict.c. 43 s. 16. Affidavits. 41 & 42 Vict.c. 31 s. 17. Fees. Ib.s.18. Second Schedule. Making of rules. Ib.s.21. No. 3 of 1873. Third Schedule. Time for registration. 41 & 42 Vict.c. 31 s. 22. Exclusion of certain debentures. 45 & 46 Vict.c. 43 s. 17. Section 11. Section 16. Section 20. Section 25. Section 26. Memorandum of satisfaction of bill of sale. R.S.C. Eng. O. 61 r. 26. Order for memorandum of satisfaction of bill of sale. Ib.r.27. Rule where attesting witness is a solicitor. Practice Rules Eng., 1884.r. 14.
Bills of Sale
AN ORDINANCE to consolidate and amend the Law for preventing
Frauds upon Creditors by Secret Bills of Sale of Personal
Chattels.
[12th July, 1886.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follow:-
1. This Ordinance may be cited as the Bills of Sale Ordinance, 1886.
2. In this Ordinance, unlesss the context otherwise requires,-
The expression 'Bill of Sale' includes bills of sale, assignments,
transfers, declarations of trust without transfer, inventories of goods
with receipt thereto attached, or receipts for purchase moneys of
goods, and other assurances of personal chattels, and also powers of
attorney, authorities, or licences to take possession of personal
chattels as security for any debt, and also any agreement, whether
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, is conferred, but does 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 assignments of any ship 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-keepers'
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 indorsement or by delivery, the
possessor of such document to transfer or receive goods thereby
represented: Provided always that in the construction of sections
8, 10 (1.), 12 to 19, both inclusive, and 23 the said expression does
not include bills of sale or other instruments hereinbefore mentioned
which may be given otherwise than by way of security for the
payment of money;
The expression 'Personal Chattels' means goods, furniture, and
other articles capable of complete transfer by delivery, and (when
separately assigned or charged) fixtures and growing crops, but
does not include fixtures (except trade machinery as hereinafter
defined) when assigned together with any interest in any land or
building to which they are affixed, or growing crops when assigned
together with any interest in the land on which they grow, or shares
or interests in the stock, funds, or securities of any Government or
in the capital or property of, incorporated or joint stock companies,
or choses in action, or any stock or produce upon any farm or lands
which, by virtue of any convenant or agreement, ought not to be
removed from amy farm where the same are at the time of making
or giving of such bill of sale:
Personal chattels shall deemed to be in the apparent possession 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 given to any other person:
'The Registrar' means the Registrar of the Supreme Court or his
deputy:
'Affidavit' includes any affirmation or declaration of any person by
law allowed to make an affirmation or declaration in lieu of any
affidavit:
'Prescribed' means prescribed by rules made under the provisions
of this Ordinance.
3. This Ordinance shall apply to every bill of sale executed after the
commencement of this Ordinance (whether the smae is 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 Colony comprised in or made subject to such bill of sale.
4. Any renewal after the commencement of this Ordinance of the
registration of a bill of sale executed before the commencement of this
Ordinance, and duly registered according to law, shall be made under
this Ordinance in the same manner as the renewal of a registration
made under this Ordinance.
5.-(1.) Form and after the commencement 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
owner thereof which would be 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.
(2.) For the purposes of this Ordinance, trade machinery means the
machinery used in or attached to any factory or workshop-
1st, exclusive of the fixed motive-powers, such as the water-wheels
and steam engines, and the steam-boilers, donkey engines, and
other fixed appurtenances of the said motive-powers; and
2nd, exclusive of the fixed power machinery, such as the shafts,
wheels, drums, and their fixed appurtenances, which transmit
the action of the motive-powers to the other machinery, fixed
and loose; and
3rd, exclusive of the pipes for steam, gas, and water in the factory
or workshop.
(3.) 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.
(4.) Factory or workshop means any premises on which any manual
labour is exercised by way of trade, or for purposes of gain, in or incidental
to the following purposes or any of them; that is to say,-
(a.) in or incidental to the making any article or part of an article;
or
(b.) in or incidental to the altering, repairing, or finishing of any
article; or
(c.) in or incidental to the adapting for sale any article.
6. Every attornment, instrument, or agreement, not being a mining
lease, whereby a power of distress is given or agreed to be given by any
person to any other person by way of security for any present, future,
or contingent debt or advance, and whereby and 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
deemed to be a bill of sale, within the meaning of this Ordinance, of any
personal chattels which may be seized or taken under such power of
distress: Provided that nothing in this section shall extend to any mortgage
of any estate or interest in any land or tenement which the mortgagee,
being in possession, has demised to the mortgagor as his tenant
at a fair and reasonable rent.
7.-(1.) No fixtures or growing crops shall be deemed, under this
Ordinance, to be separately assigned or charged by reason only that they
are assigned by separate words, or that power is given to sever them
from the land or building to which they are affixed or from the land on
which they grow 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 person or persons.
(2.) The same rule of construction shall be applied to all deeds or
instruments, including fixtures or growing crops, executed before the
commencement of this Ordinance and then subsisting and in force, in all
questions arising under any bankruptcy, liquidation, assignment for the
benefit of creditors, or exection of any process or any Court, which
takes place or is issued after the commencement of this Ordinance.
8. Every bill of sale shall be duly attested and shall be registered
within seven clear days after the execution thereof, or, if it is executed
in any place out of the Colony, then within seven clear days after the
time at which it would, in the course of post, arrive in the Colony if
posted 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.
9. Where a subsequent bill of sale is executed within or on the
expiration of seven days after the execution of a prior unregistered bill
of sale, and comprises all or any part of the personal chattels comprised
in such prior bill of sale, then, if such subsequent bill of sale is given as
a security for the same debt as is secured by the prior bill of sale or for
any part of such debt, it shall, to the extent to which it is a security for
the same debt or part thereof and 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 bona fide given for the purpose of
correcting some material error in the prior bill of sale, and not for the
purpose of evading this Ordinance.
10.-(1.) A bill of sale shall be attested and registered under this
Ordinance in the following manner:-
(a.) the execution of the bill by the grantor shall be attested by one
or more credible witness or witnesses, not being a party or parties
thereto:
(b.) the bill, with every schedule or inventory thereto annexed or
therein referred to, and also a true copy of the bill, and of
every such schedule or inventory, and of every attestation of the
execution of the bill, together with an affidavit of the time of the
bill being made or given and of its due execution and attestion,
and a description of the residence and occupation of the person
making or giving the same (or, in case the same is made or given
by any person under or in the execution of any process, then a
description of the residence and occupation of the person against
whom such process issued), and of every attesting witness to the
bill shall be presented to, and the said copy and affidavit shall be
Magistrate shall, before committing the accused to prison for _trial
or before admitting him to bail to take his trial, in the presence of
the accused pro ' ceed to take evidence for and on behalf of the
prosecutor n)d Ills witnesses ill the sallic llialiller as is hercillbefore
provided for the takitil(y of the evidence, of the coinplainant or infor-
inant and his williosses oil a. colliplailit or inforillatiol) tot- all offence
punishable on summary conviction.
(2) The accused or his counsel sha~ll be at liberty to put quest* oils
to any witnesses produced agains! Iiiiii, and further the depositions
C)
or evidence of the prosecutor and his witnesses shall, in the,presence
of the accused, be, read over to and signed respectivel by the
0 y
witnesses who have been so examined, and shall also be signed b~
the Magistrate taking the same.
73.-(1) After the examination of all the witnesses on the part
of tile proseciltio, Ilas bee,, completed .0ic Magistrate hearing the
case shall, it desired by the accused, -without requiring the attend-
ance of the witnesses, read or cause to be read to the accused,~bt,
when necessary, cause to be interpreted, the depositions takeil
against hini, and shall say to him these words or words to
the like effect or cause the same to be interpreted to him
Having heard the evidence, do you wish to say anything in,
llanswer to the char-c ? You are not obliged to say anything unless
you desire to do so, but whatever you say will ])c taken down in
writing and inny )w Ifivell ill evidellec Vou upoil. your
trial.
(2) Whatever the accused then says in answer thereto shall be
taken down in writilig and read over to lilin, and shall be sirri'led by
1he Magistrate and kept with the depositions of the witnesses, and
shall be transmitted with thein as hereinafter mentioned: Provided
always that the Magistrate, before the accused makes any
l-nent, shall state or cause to be interpreted to him and give him or
cause him clearly to understand that lie, has nothing to hope from
0
any promise of favour and riothing to fear from any threat which
may have been liolden out to lilin to Indace hin-i to make any
admission or confession of his guilt, but that whatever lie shall then
say may be given ill evidence against Lim on his trial not-withstand-
ing such promise or threat.
,(3) Any statement which purports to have been taken down and
signect as provided in subsection (2) shall be admissible in evidence
* As americled by No. 8 of 1912.
crops were actually growing the time when the bill of sale was
executed; and
(2.) any fixtures separately assigned or charged and any plant or
trade machinery where such fixtures, plant, or trade machinery are
or is 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, plants, or trade machinery specifically
described in the schedule to such bill of sale.
15. Personal chattels assigned under a bill of sale shall not be liable
to be seized or taken possession of by the grantee for any other than the
following causes:-
(1.) If the grantor makes default in payment of the sum or sums of
money thereby secured at the time therein provided for payment
or in the performance of any convenant or agreement contained in
the bill of sale and necessary for maintaining the security; or
(2.) if the grantor becomes a bankrupt or suffers the said goods or
any of them to be distrained for rent, rates, or taxes; or
(3.) if the grantor fraudulently either removes or suffers the said
goods or any of them to be removed from the premises; or
(4.) if the grantor does not, without reasonable excuse, upon demand
in writing by the grantee, produce to him his last receipts for rent,
rates, and taxes; or
(5.) if execution has 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
cause, apply to the Court or to a Judge thereof in Chambers,
and such Court or Judge, if 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.
16. A bill of sale made or given by way of security for the payment
of money by the grantor thereof shall be void unless made in accordance
with the Form No. 2 in the First Schedule to this Ordinance.
17. Every bill of sale made or given in consideration of any sum
under one hundred and fifty dollars shall be 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 Ordinance)
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
expiration of five clear days from the day they were so seized or or
taken possession of.
19. A ill of sale to which this Ordinance applies shall be no protection
in respect of personal chattels included in such bill of sale which,
but for such bill of sale, would have been liable to distress under a warrant
or order for the recovery of rates and taxes.
20.-(1.) The Registrar shall keep a book (in this Ordinance called
'the register') for the purposes of this ordinance, and shall, on the
filing of any bill of sale or copy under this Ordinance, enter therein, in
the Form No. 3 in the First Schedule to this Ordinance or in any other
prescribed form, the 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 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 particulars shown in the said
form or to be prescribed under this ordinance, and shall number all such
bills registered in each year consecutively, according to the respective
dates of their registration.
(2.) On 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 oringinally
filed shall be thereupon marked with the number affixed to such affidavit
of renewal.
(3.) The Registrar shall also keep an index of the names of the grantors
of registered bills of sale with reference to entries in the register of
the bills of sale given by each such grantor.
(4.) 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 alphabetical.
21. Any Judge of the Supreme Court, on being satisfied that the
omission to register a bill of sale or an affiadvit of renewal thereof within
the 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 ommission or misstaement
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 advertisement
or otherwise, or as to any other matter, as he thinks fit to direct.
22. Subject to an in accordance with any rules to be made under
and for the purposes of this Ordinance, the Registrar may order a memorandum
of satisfaction to be written upon any registered copy of a bill
of sale, on the prescribed evidence being given that the debt, if any, for
which such bill of sale was made or given has been satisfied or discharged.
23.-(1.) Any person shall be entitled to have an office copy or extract
of any registered bill of sale affidavit of execution filed therewith,
or copy thereof, and of any affidavit filed therewith, or registered
affidavit or renewal, on paying for the same at the like rate as for office
copies of judgments of the Supreme Court.
(2.) Any copy of a registered bill of sale, and affidavit purporting to
be an office copy thereof, shall, in all Courts and before all arbitrators or
other persons, be admitted as prima facie evidence thereof and of the
fact and date of registration as shown thereon.
(3.) Any person shall be entitled at all reasonable times to search the
register on payment of a fee of twenty-five 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 registered bill of
sale, without being required to make a written applicatio or to specify
any particulars in reference thereto, on payment of a fee of twenty-five
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 occupations of
the parties, to the amount of the consideration, and to any further particulars
prescribed by any rules made under and for the purposes of this
Ordinance.
24.-(1.) Every affidavit required by 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.
(2.) Every person who wilfully makes or uses any false affidavit or
declaration for the purposes of this Ordinance shall be deemed guilty of
wilful and corrupt perjury.
25. The fees mentioned in the Second Schedule to this Ordinance,
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 this Office.
26.-(1.) 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 the Supreme Court Ordinance, 1873. (2) until altered, added to, or annulled, the rules contained in the
Third Schedule to this ordiance shall be the rules under and for the
purposes of this Ordinance.
27 when the time ofr registering a bill of sale expires on a Sunday
or other day on which the officers of the supreme court are closed, such
registration shall be valid if made on the next following day on which
the offices are open.
28 nothing in this Ordinance shall apply to any debentures issued
by any mortgage, loan, or other incorported company and secured upon
the capital stock or goods, chattels, and effects of such company.
SCHEDULEDS.
THE FIRST SCHEDULE.
FORMS
FORM NO.1
Affidavit of Removal.
I, A.B., of do swear that a bill of sale, bearing date the
day of , I , and made between [insert names and
descriptions 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 , I , is still a subsisting
securtiy.
Sworn, &c.
FORM NO.2
Bill of Sale.
This indenture made the day of , I , between A.B.,
of of the one part and C.D., of of the other part,
witnesseth that, in consideration of the sume 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, administraors, and assigns, all and singular
the several chattels and things specifically described in the schedule hereto
annexed by way of security for the payment of the sum of $ and interest
thereon at the rate 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 I ,
[or whatever else may be the stipulated time or times of payment]. and
the said A.B. doth also agree with the said C.D. that he will [here insert
terms as to insurance, payment of rent, or otherwise, which the parties may
agree to for the maintenance or defeasance of the security]. provided al-
ways that the chattels hereby assigned shall not be liable to seizure or to be
taken possession of by the said C.D. for any cause other than those specified
in section 15 of the bills of sale ordinance, 1886.
in witness, etc.
signed and sealed by the said A.B. in the presence of me, E.F.
[add witness's name, address, and description].
FORM NO.3.
Register. THE SECOND SCHEDULE.
TABLE OF FEES
1 ON FILING A BILL OF SALE ...............$C0.50
2 ON FILING THE AFFIDAVIT OF EXECUTION OF A BILL OF SALE ..........0.50
3 ON THE AFFIDAVIT USED FOR THE PURPOSE OF RE-REGISTERING A BILL OF
SALE(TO INCLUDE THE FEE FOR FILING)................1.25
4 FOR AN OFFICIAL CERTIFICATE OF THE RESULT OF A SERACH IN ONE NAME IN
ANY REGISTER OR IDEX UNDER THE CUSTODY OF THE REGISTRAR OF BILLS
OF SALE...................1.25
5 FOR EVERY ADDITIONAL NAME, IF INCLUDED IN THE SAME CERTIFICATE........0.50
6 FOR A DUPLICATE COPY OR CERTIFICATE, IF NOT MORE THAN THREE FOLIOS.........0.25
7 FOR EVERY ADDITIONAL FOLIO...............0.12
8 FOR A CONTINUATION SEARCH, IF MADE WITHIN 14 DAYS OF THE DATE OF
THE OFFICIAL CERTIFICATE, (THE RESULT TO BE INDORSED ON THE CERTIFICAT).....0.25
THE THIRD SCHEDULE.
RULES.
1 a memorandum of satisfaction may be ordered to be written upon a registered
copy of a bill of sale on a consent to the satisfaction, signed by the
person entitled to the benefit of the bill of sale, and verified by addidavit being
produced to the Registrar and filed in the Supreme Court.
2 where this consent cannot be obtained, the Registrar may, on application
by summons, and on hearing the person entitled to the benefit of the bill of
sale or on addidavit 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
memorandum of satisfaction to be written upon a registered copy thereof.
3 if the attesting witness and deponent is a solicitor, and described as
such, the entry of the satisfaction will be directed by the Registrar (the
papers being otherwise correct) as of course: but under special circumstances
the Registrar may accept any other deponent, if satisfied that he is a proper
person to attest and verify the signature and consent. A.D. 1886. Ordinance No. 12 of 1886.
Short title.
Interpretation of terms.
41 & 42 Vict.c. 31 s. 4.
45 & 46 Vict.c. 43 s. 3.
41 & 42 Vict.c. 31 s. 4. 41 & 42 Vict.c. 31 s. 4. Application of the Ordinance. Ib.s.3. Renewal of existing bills of sale. Application of the Ordinance to trade machinery. Ib.s.5. Certain instrument giving power of distress to be subject to the Ordinance. 41 & 42 Vict.c. 31 s. 6. Fixtures or growing crops not to be deemed separately assigned when the land passes by same instrument. Ib.s.7. Avoidance of bill of sale unless attested and registered. 45 & 46 Vict.c. 43 s. 8. Avoidance of certain duplicate bills of sale. 41 & 42 Vict.c. 31 s. 9. Mode of registering bill of sale. Ib.s.10; 45 & 46 Vict.c. 43 s. 10. Renewal of registration. 41 & 42 Vict.c. 31 s. 11. First Schedule: Form No. 1. Bill of sale to have schedule of property attached. 45 & 46 Vict.c. 43 s. 4. Bill of sale not to affect after-acquired property. Ib.s.5. Exception as to certain things. Ib.s.6. Limitation of causes of seizure. 45 & 46 Vict.c. 43 s. 7. Form of bill of sale. Ib.s.9. First Schedule: Form No. 2. Avoidance of bill of sale under $150. Ib.s.12. Rule as to situation and sale of chattels. Ib.s.13. Bill of sale not to protect chattels against rates and taxes. 45 & 46 Vict.c. 43 s. 14. Form of register. 41 & 42 Vict.c. 31 s. 12. First Schedule: Form No. 3. Rectification of register. Ib.s.14. Entry of satisfaction. 41 & 42 Vict.c. 31 s. 15. Right to have copies. Ib.s.16. 45 & 46 Vict.c. 43 s. 16. Affidavits. 41 & 42 Vict.c. 31 s. 17. Fees. Ib.s.18. Second Schedule. Making of rules. Ib.s.21. No. 3 of 1873. Third Schedule. Time for registration. 41 & 42 Vict.c. 31 s. 22. Exclusion of certain debentures. 45 & 46 Vict.c. 43 s. 17. Section 11. Section 16. Section 20. Section 25. Section 26. Memorandum of satisfaction of bill of sale. R.S.C. Eng. O. 61 r. 26. Order for memorandum of satisfaction of bill of sale. Ib.r.27. Rule where attesting witness is a solicitor. Practice Rules Eng., 1884.r. 14.
Abstract
A.D. 1886. Ordinance No. 12 of 1886.
Short title.
Interpretation of terms.
41 & 42 Vict.c. 31 s. 4.
45 & 46 Vict.c. 43 s. 3.
41 & 42 Vict.c. 31 s. 4. 41 & 42 Vict.c. 31 s. 4. Application of the Ordinance. Ib.s.3. Renewal of existing bills of sale. Application of the Ordinance to trade machinery. Ib.s.5. Certain instrument giving power of distress to be subject to the Ordinance. 41 & 42 Vict.c. 31 s. 6. Fixtures or growing crops not to be deemed separately assigned when the land passes by same instrument. Ib.s.7. Avoidance of bill of sale unless attested and registered. 45 & 46 Vict.c. 43 s. 8. Avoidance of certain duplicate bills of sale. 41 & 42 Vict.c. 31 s. 9. Mode of registering bill of sale. Ib.s.10; 45 & 46 Vict.c. 43 s. 10. Renewal of registration. 41 & 42 Vict.c. 31 s. 11. First Schedule: Form No. 1. Bill of sale to have schedule of property attached. 45 & 46 Vict.c. 43 s. 4. Bill of sale not to affect after-acquired property. Ib.s.5. Exception as to certain things. Ib.s.6. Limitation of causes of seizure. 45 & 46 Vict.c. 43 s. 7. Form of bill of sale. Ib.s.9. First Schedule: Form No. 2. Avoidance of bill of sale under $150. Ib.s.12. Rule as to situation and sale of chattels. Ib.s.13. Bill of sale not to protect chattels against rates and taxes. 45 & 46 Vict.c. 43 s. 14. Form of register. 41 & 42 Vict.c. 31 s. 12. First Schedule: Form No. 3. Rectification of register. Ib.s.14. Entry of satisfaction. 41 & 42 Vict.c. 31 s. 15. Right to have copies. Ib.s.16. 45 & 46 Vict.c. 43 s. 16. Affidavits. 41 & 42 Vict.c. 31 s. 17. Fees. Ib.s.18. Second Schedule. Making of rules. Ib.s.21. No. 3 of 1873. Third Schedule. Time for registration. 41 & 42 Vict.c. 31 s. 22. Exclusion of certain debentures. 45 & 46 Vict.c. 43 s. 17. Section 11. Section 16. Section 20. Section 25. Section 26. Memorandum of satisfaction of bill of sale. R.S.C. Eng. O. 61 r. 26. Order for memorandum of satisfaction of bill of sale. Ib.r.27. Rule where attesting witness is a solicitor. Practice Rules Eng., 1884.r. 14.
Short title.
Interpretation of terms.
41 & 42 Vict.c. 31 s. 4.
45 & 46 Vict.c. 43 s. 3.
41 & 42 Vict.c. 31 s. 4. 41 & 42 Vict.c. 31 s. 4. Application of the Ordinance. Ib.s.3. Renewal of existing bills of sale. Application of the Ordinance to trade machinery. Ib.s.5. Certain instrument giving power of distress to be subject to the Ordinance. 41 & 42 Vict.c. 31 s. 6. Fixtures or growing crops not to be deemed separately assigned when the land passes by same instrument. Ib.s.7. Avoidance of bill of sale unless attested and registered. 45 & 46 Vict.c. 43 s. 8. Avoidance of certain duplicate bills of sale. 41 & 42 Vict.c. 31 s. 9. Mode of registering bill of sale. Ib.s.10; 45 & 46 Vict.c. 43 s. 10. Renewal of registration. 41 & 42 Vict.c. 31 s. 11. First Schedule: Form No. 1. Bill of sale to have schedule of property attached. 45 & 46 Vict.c. 43 s. 4. Bill of sale not to affect after-acquired property. Ib.s.5. Exception as to certain things. Ib.s.6. Limitation of causes of seizure. 45 & 46 Vict.c. 43 s. 7. Form of bill of sale. Ib.s.9. First Schedule: Form No. 2. Avoidance of bill of sale under $150. Ib.s.12. Rule as to situation and sale of chattels. Ib.s.13. Bill of sale not to protect chattels against rates and taxes. 45 & 46 Vict.c. 43 s. 14. Form of register. 41 & 42 Vict.c. 31 s. 12. First Schedule: Form No. 3. Rectification of register. Ib.s.14. Entry of satisfaction. 41 & 42 Vict.c. 31 s. 15. Right to have copies. Ib.s.16. 45 & 46 Vict.c. 43 s. 16. Affidavits. 41 & 42 Vict.c. 31 s. 17. Fees. Ib.s.18. Second Schedule. Making of rules. Ib.s.21. No. 3 of 1873. Third Schedule. Time for registration. 41 & 42 Vict.c. 31 s. 22. Exclusion of certain debentures. 45 & 46 Vict.c. 43 s. 17. Section 11. Section 16. Section 20. Section 25. Section 26. Memorandum of satisfaction of bill of sale. R.S.C. Eng. O. 61 r. 26. Order for memorandum of satisfaction of bill of sale. Ib.r.27. Rule where attesting witness is a solicitor. Practice Rules Eng., 1884.r. 14.
Identifier
https://oelawhk.lib.hku.hk/items/show/620
Edition
1901
Volume
v1
Subsequent Cap No.
20
Cap / Ordinance No.
No. 7 of 1886
Number of Pages
11
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BILLS OF SALE ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed May 18, 2024, https://oelawhk.lib.hku.hk/items/show/620.