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Registration of mortgages,
Mode of' registration.
Time for registration
Priority.
Bules for indexes of mortgages.
To what bill of sale this
Order applies.
Contents of bill of sale.
ORDERS IN COUNCIL
VI. MORTGAGES AND BILLS OF SALE.
Mortgages.
129. A deed or other instrument of mortgage, legal or equitable, of lands or houses in China or Corea, executed by a British subject, may be registered at any time after its execution at the Consulate of the Consular district wherein the property mortgaged is situate.
130. Registration is made as follows:-The original and a copy of the deed or other instrument of mortgage, and an affi lavit verifying the execution and place of execution thereof, and verifying the copy, are brought into the Consulate and the copy and affidavit are left there
131. If a deed or other instrument of mortgage is not registered at the Consulate aforesail within the respective time following, namely:- (1) Withou fourteen days after its execution, where it is executed in the Consular district wherein the property mortgaged is situate; (2) Within two months after its execution, where it is executed in China or Corea, elsewhere than in that Consular district, or in Weihai vei or Hongkong;
(3) Within six months after its execution, where it is executed else-
were than in China, Corea, Weihaiwei or Hongkong;
then, and in every such case, the inortgage debt secured by the deed or other instrument and the interest thereon shall not have priority over judgment or simple contract debts contracted before the registration of that deed or other instrument.
132. Registered leeds or other instruments of mortgage, legal or equitable, of the same lands or houses have, as among themselves, priority in order of registration.
.
133. His Majesty's Minister may, with the approval of the Secretary of State, make Rules for prescribing and regulating the making and keeping of indexes, and of a general index, to the register of mortgages, and searches in those indexes, and other particulars connected with the making, keeping, and using of those registers and indexes, and for authorizing and regulating the unregistering of any deed or other instrument of mortgage, or the registering of any release or satisfaction in respect thereof.
Bill of Sale.
134. The provisions of this Order relating to bills of sale:- (1) Apply only to such bills of sale executed by British subjects as
are intended to affect chattels in China or Corea;
(2) Do not apply to hills of sale given by sheriffs or others under
or in execution of process authorizing seizure of chattels. 135.--(1) Every bill of sale must conform with the following rules, namely:-
(a) It must state truly the name, description, and address of the
grautor.
(b) I must state truly the consideration for which it is granted. (c) It must have annexed thereto or written thereunder an inventory
of the chattels intended to be comprised therein.
(d) Any defeasance, condition, or declaration of trust affecting the bill not contained in the body of the bill must be written on the same paper as the bill.
(e) The execution of the bill must be attested by a credible witness,
with his address and description.
(2) Otherwise, the bill is void in China and in Corea to the extent. following, but not further, that is to say:-
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