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162. The following Acts, namely
The British Law Ascertainment Act, 1859 (22 & 23 Vict. c. 63);
The Foreign Law Ascertainment Act, 1861 (24 & 25 Vict. c. 11);
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or so much thereof as is for the time being in force are extended to China, with the adaptation following, namely:—
In the said Acts the Supreme Court is substituted for
a Superior Court in a Colony.
163. The Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), shall extend and apply to China as if China was therein mentioned in place of the United Kingdom, and as if this Order and any other Order relating to China, and any Regulations or Rules made under any such Order, were therein referred to, in addition to any Act of Parliament.
164. The Supreme Court may, if it thinks fit, order that a Commission do issue for examination of witnesses at any place out of China on oath, by interrogatories or otherwise, and may by order give such directions touching the time, place, and manner of the examination, or anything connected therewith, as to the Court appear reasonable and just.
PART VI. MORTGAGES AND BILLS OF SALE.
Mortgages.
165. A deed or other instrument of mortgage, legal or equit- able, of lands or houses in China, 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.
166. Registration is made as follows:-The original copy and a copy of the deed or other instrument of mortgage, and an affidavit 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.
167. If a deed or other instrument of mortgage is not registered at the Consulate aforesaid within the respective time following (namely) :—
(1) Within fourteen days after its execution, where it is executed in the Consular district wherein the pro- perty mortgaged is situate;
(2) Within two months after its execution, where it is exe- cuted in China, elsewhere than in that Consular dis- trict, or in Hong Kong;
(3) Within six months after its execution, where it is
executed elsewhere than in China or Hong Kong; then, in every such case, the mortgage debt secured by the deed or other instrument and the interest thereon shall not have priority
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over judgment or simple contract debts contracted before the registration of that deed or other instrument.
168. Registered deeds or other instruments of mortgage, legal or equitable, of the same lands or houses have, as among them- selves, priority in order of registration.
169. The power conferred on the Judge of the Supreme Court by this Order of framing Rules from time to time extends to the framing of 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.
Bills of Sale.
170. The provisions of this Order relating to bills of sale—
(1) Apply to such bills of sale executed by British subjects as
are intended to affect chattels in China;
(2) Do not apply to bills of sale given by sheriffs or others under or in execution of process authorizing seizure of chattels.
171.-(1) Every bill of sale must conform with the following
rules
(a) It must state truly the name, description, and address
of the grantor.
(b) It must state truly the consideration for which it is
granted.
(c) It inust have annexed thereto or written thereunder an inventory of the chattels intended to be comprised therein.
(d) Any defeasance, condition, or declaration of trust effect- ing 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 to the extent follow- ing, but not further (that is to say) :—
(a) In the case of failure to conform with the rule respecting an inventory, as far as regards chattels omitted from the inventory; and
(b) In any other case, wholly.
(3) The inventory, and any defeasance, condition, or declara- tion as aforesaid, respectively, is for all purposes deemed part of the bill.
172. A bill of sale conforming, or appearing to conform, with the foregoing rules may be registered, if it is intended to affect chattels in the district of the Consulate of Shanghai, at the Supreme Court, or, if it is intended to affect chattels elsewhere in China, at the Consulate of the Consular district wherein the
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