BILLS OF SALE.
No. 7 of 1886.
235
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 to 19, 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: 45 & 46 Vict. c. 43, s. 3.
Provided further that an instrument charging or creating any security on or declaring trusts of imported goods given or executed at any time prior to their deposit in a warehouse, godown, factory or store, or to their being re-shipped for export, or delivered to a purchaser not being the person giving or executing such instrument, shall not be deemed a bill of sale, but nothing in this proviso shall affect the operation of section 43 of the Bankruptcy Ordinance, 1931, in respect of any goods comprised in any such instrument as is hereinbefore described, if such goods would but for this proviso be goods within the meaning of that section. 54 & 55 Vict. c. 35, s. 1; 53 & 54 Vict. c. 53, s. 2; Ordinance No. 10 of 1931. c. 31, s. 4.
(b) 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 covenant or agreement, ought not to be removed from