THE HONGKONG GOVERNMENT GAZETTE, 13TH MARCH, 1886.
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made or given, and of its due execution and attestation, 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 or in the execution of any any person under 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 and the said. copy and affidavit shall be filed with the Registrar within seven clear days after the making 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 defeas- ance, condition, or declaration shall be deemed to be part of the Bill, and shall be writtten on the same paper or parchment therewith before the registration, and shall be truly 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 not be registered.
11. The registration of a Bill of Sale, whether executed before or after the commencement of this Ordinance, must be renewed once at least every five years, and if a period of five years elapses from the registration or renewed regis- tration of a Bill of Sale without a renewal or further renewal (as the case may be), the registration shall become void.
The renewal of a registration shall be effected by filing with the Registrar an affidavit stating the date of the Bill of Sale and of the last registration thereof, and the names, residences, and occupations of the parties thereto as stated therein, and that the Bill of Sale is still a subsisting security. Every such affidavit may be in the form set forth in the Schedule A. hereto.
A renewal of registration shall not become necessary by reason only of a transfer or assignment of a Bill of Sale.
12. Every Bill of Sale shall have annexed thereto or written thereunder a Schedule containing an inventory of the personal chattels comprised in the Bill of Sale; and such Bill of Sale save 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 speci- fically described.
13. Save as hereinafter mentioned, a Bill of Sale shall be void except as against the grantor in respect of any personal chattels specifically described in the Schedule thereto of which the grantor was not the true owner at the time of the execution of the Bill of Sale.
14. Nothing hereinbefore contained shall render a Bill of Sale void in respect of any of the following 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 substitu- tion for any of the like fixtures, plant 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 shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the
per- formance of any covenant or agreement contained in the Bill of Sale and necessary for maintaining the security;
Renewal of registration [4] & 42 V. c. 31, s. 11.]
Bill of Sale to have Schedule of property attached [45 & 46 V. c. 43, 8. 4.]
Bill of Sale not to affect after acquired property, [45 & 46 V. c. 43, & 5.]
Exception as to certain things. [45 & 46 V. c. 43, § 6.]
Bill of Sale with power 10 seize except in certain events to be void. [Ibid, s. 7.}