1976 ORDINANCE No. 12 OF 1886 .
Bills of Sale.
The same rule of construction shall be applied to all deeds or instru
ments , including fixtures or growing crops , executed before the commen
cement of this Ordinance and then subsisting and in force, in all questions
arising under any bankruptcy, liquidation , assignment for the benefit of
creditors , or execution of any process of any Court, which shall take place
or be issued after the commencement of this Ordinance .
Bill of sale to 8. Every bill of sale shall be duly attested and shall be registered
be void un
less attested within seven clear days after the execution thereof, or if it is executed in
and register
ed . any place out of the Colony then within seven clear days after the time
[45 and 46 V.
c. 43, s. 8. ] at which it would in the course of post arrive in the Colony if posted
immediately after the execution thereof, and shall truly set forth the
consideration for which it was given ; otherwise such bill of sale shall be
void in respect of the personal chattels comprised therein .
Avoidance of 9. Where a subsequent bill of sale is executed within or on the
certain dupli
cate bills of expiration of seven days after the execution of a prior unregistered bill
sale.
[41 and 42 V. of sale, and comprises all or any part of the personal chattels comprised in
c . 31 , s. 9. ]
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 bonâ 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 10. A bill of sale shall be attested and registered under this Ordi
registering. ―――
[41 & 42 V. c. nance in the following manner :
31, s. 10. 45 &
46 V. c. 43, s.
10. ] ( 1. ) The execution of every bill of sale by the grantor shall be
attested by one or more credible witness or witnesses,
not being a party or parties thereto .
(2. ) Such bill, with every schedule or inventory thereto annexed
or therein referred to, and also a true copy of such bill
and of every such schedule or inventory, and of every
attestation of the execution of such bill of sale together
with an affidavit of the time of such bill of sale being
made or given, and of its due execution and attestation ,