to the Queen's Bench Division of the High Court of Justice, or such other officers as may for the time being be assigned for this purpose under the provisions of the Supreme Court of Judicature Acts, 1873 and 1875, shall be the registrar for the purposes of this Act, and any one of the said masters may perform all or any of the duties of the registrar. of register. 14. Any judge of the High Court of Justice, on being satisfied Rectification that the omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by this Act, or the omission or mis-statement 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 advertisement, or otherwise, or as to any other matter, as he thinks fit to direct. faction. 15. Subject to and in accordance with any rules to be made Entry of satisunder and for the purposes of this Act, the registrar may order a memorandum of satisfaction to be written upon any registered copy of a bill of sale, upon 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. 16. Any person shall be entitled to have an office copy or Copies and extract of any registered bill of sale, and affidavit of execution extracts. filed therewith, or copy thereof, and of any affidavit filed therewith, if any, or registered affidavit of renewal, upon paying for the same at the like rate as for office copies of judgments of the High Court of Justice, and 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. 17. Every affidavit required by or for the purposes of this Act Affidavits. may be sworn before a Master of any Division of the High Court of Justice, or before any commissioner empowered to take affidavits in the Supreme Court of Judicature. Whoever wilfully makes or uses any false affidavits for the purposes of this Act shall be deemed guilty of wilful and corrupt perjury. 18. There shall be paid and received in common law stamps Fees. (sic) the following fees, viz. : On filing a bill of sale........ 2s. Rules. Days when office closed. Repeal of Acts. 19. Section 26 of the Supreme Court of Judicature Act, 1875, and any enactments for the time being in force amending or substituted for that section, shall apply to fees under this Act, and an order under that section may, if need be, be made in relation to such fees accordingly. 21. Rules for the purpose of this Act may be made and altered from time to time by the like persons and in the like manner in which rules and regulations may be made under and for the purposes of the Supreme Court of Judicature Acts, 1873 and 1875. 22. When the time for registering a bill of sale expires on a Sunday, or other day on which the registrar's office is closed, the registration shall be valid if made on the next following day on which the office is open. 23. From and after the commencement of this Act, the Bills of Sale Act, 1854, and the Bills of Sale Act, 1866, shall be repealed Provided that (except as herein expressly mentioned with respect to construction and with respect to renewal of registration) nothing in this Act shall affect any bill of sale executed before the commencement of this Act, and as regards bills of sale so executed the Acts hereby repealed shall continue in force. Any renewal after the commencement of this Act of the registration of a bill of sale executed before the commencement of this Act, and registered under the Acts hereby repealed, shall be made under this Act in the same manner as the renewal of a registration made under this Act. Commence ment. Construction of I [A. B.] of day of SCHEDULE A. do swear that a bill of sale, bearing date the 18 [insert the date of the bill], and made between [insert the 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 [insert date of registration], is still a subsisting security. Sworn, &c. day of Bills of Sale Act (1878) Amendment Act, 1882. 45 & 46 VICT. c. 43. 18 2. This Act shall come into operation on the 1st Nov. 1882. 3. The Bills of Sale Act, 1878, is hereinafter referred to as "the principal Act," and this Act shall, so far as is consistent with the tenour thereof, be construed as one with the principal Act; but unless the context otherwise requires shall not apply to any bill of sale duly registered before the commencement of this Act so long as the registration thereof is not avoided by nonrenewal or otherwise. The expression "bill of sale," and other expressions in this Act, have the same meaning as in the principal Act, except as to bills of sale or other documents mentioned in section four of the principal Act, which may be given otherwise than by way of security for the payment of money, to which last-mentioned bills of sale and other documents this Act shall not apply. of property 4. Every bill of sale shall have annexed thereto or written Bill of sale to thereon a schedule containing an inventory of the personal have schedule chattels comprised in the bill of sale; and such bill of sale, save attached thereto. as hereinafter mentioned, 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 so specifically described. to affect after 5. Save as hereinafter mentioned, a bill of sale shall be void, Bill of sale not except as against the grantor, in respect of any personal chattels acquired specifically described in the schedule thereto of which the grantor property. was not the true owner at the time of the execution of the bill of sale. 6. Nothing contained in the foregoing sections of this Act Exception as to shall render a bill of sale void in respect of any of the following certain things. things; (that is to say), (1.) Any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed. (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. power to seize 7. Personal chattels assigned under a bill of sale shall not be Bill of sale with liable to be seized or taken possession of by the grantee for any except in certain other than the following causes : (1.) If the grantor shall make 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 covenant or agreement contained in the bill of sale and necessary for maintaining the security; (2.) If the grantor shall become a bankrupt, or suffer the said goods or any of them to be distrained for rent, rates, or taxes; (3.) If the grantor shall fraudulently either remove or suffer the said goods, or any of them, to be removed from the premises; events, to be void. Bill of sale to be void unless attested and registered. Form of bill of sale. Attestation. Local registra tion of contents (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 High 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. 8. Every bill of sale shall be duly attested, and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of England then within seven clear days after the time at which it would in the ordinary course of post arrive in England 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. 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 in the schedule to this Act annexed. 10. The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto. So much of section ten of the principal Act as requires that the execution of every bill of sale shall be attested by a solicitor of the Supreme Court, and that the attestation shall state that before the execution of the bill of sale the effect thereof has been explained to the grantor by the attesting witness, is hereby repealed. 11. Where the affidavit (which under section ten of the prinof bills of sale. cipal Act is required to accompany a bill of sale when presented for registration) describes the residence of the person making or giving the same or of the person against whom the process is issued to be in some place outside the London bankruptcy district as defined by the Bankruptcy Act, 1869, or where the bill of sale describes the chattels enumerated therein as being in some place outside the said London bankruptcy district, the registrar under the principal Act shall forthwith and within three clear days after registration in the principal registry, and in accordance with the prescribed directions, transmit an abstract in the prescribed form of the contents of such bill of sale to the County Court registrar in whose district such places are situate, and if such places are in the districts of different registrars to each such registrar. Every abstract so transmitted shall be filed, kept, and indexed by the registrar of the County Court in the prescribed manner, and any person may search, inspect, make extracts from, and obtain copies of the abstract so registered in the like manner and upon the like terms as to payment or otherwise as near as may be as in the case of bills of sale registered by the registrar under the principal Act. 12. Every bill of sale made or given in consideration of any sum under thirty pounds shall be void. 13. All personal chattels seized or of which possession is taken after the commencement of this Act, under or by virtue of any bill of sale (whether registered before or after the commencement of this Act), 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 so taken possession of. Bill of sale under 301. to be void. Chattels not to be removed or sold. Bill of sale not parochial 14. A bill of sale to which this Act applies shall be no proto protect tection in respect of personal chattels included in such bill of chattels against sale which but for such bill of sale would have been liable to poor and distress under a warrant for the recovery of taxes and poor and rates. other parochial rates. 15. The eighth and the twentieth sections of the principal Repeal of part Act, and also all other enactments contained in the principal Act which are inconsistent with this Act are repealed, but this repeal shall not affect the validity of anything done or suffered under the principal Act before the commencement of this Act. of Bills of Sale Act, 1878. registered bills 16. Any person shall be entitled at all reasonable times to Inspection of search the register, on payment of a fee of one shilling, or such of sale. other fee as may be prescribed, and 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 application, or to specify any particulars in reference thereto, upon payment of one shilling for each bill of sale inspected, and such payment shall be made by a judicature stamp: 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 prescribed particulars. which Act not to apply. 17. Nothing in this Act shall apply to any debentures issued Debentures to by any mortgage, loan, or other incorporated company, and secured upon the capital stock or goods, chattels, and effects of such company. |