338
No 7 of 1886.
Avoidance
of certain duplicate
41 & 42 Vict. c. 31, s. 9.
BILLS-OF-SALE.
9. Where a subsequent bill of sale is executed within or on the expiration of seven days after the execution of a prior bill of sale, 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.
Mode of registering bill of sale,
41 & 42 Vict. c. 31, s. 10;
45 & 46 Vict.
c. 43, s. 10.
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 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 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 filed with, the Registrar within seven clear days after the making or giving of the bill; and
(c) if the bill is made or given subject to any defeasance, 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 shall be written 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.
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