Directory_and_Chronicle_1882 — Page 567

d

THE CHINA AND JAPAN ORDER IN COUNCIL, 1891.

(b). As regards a deed or other instrument of mortgage executed before the commencement of this Order, the Regulations repealed by this Order shall, notwith- standing that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.

27.-The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Rules from time to time, is bereby extended to the framing of Rules for prescribing and regulating the making and keeping of indexes, and of a general index, to the re- gister of mortgages, and searches in those indexes, and other particulars connected with the making, keeping, and using of those registers and indexes, and for authoris- ing 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.

28. The provisions of this Order relating to bills of sale-

(i.) Apply only to such bills of sale executed by British subjects as are intend- ed to affect chattels in China or in Japan:

(ii.) Do not apply to bills of sale given by sheriffs or others under or in execu- tion of process authorising seizure of chattels."

29.-(a.) Every bill of sale must conform with the following rules (namely): (1.) It must state truly the name, description, and address of grantor. (2.) It must state truly the consideration for which it is granted.

(3.) It mt have annexed thereto or written thereunder an inventory of the chattels intended to be comprised therein.

(4.) Any defeasance, condition, or declaration of trust affecting the bill not con- tained in the body of the bill must be written on the same paper as the bill.

(5.) The execution of the bill must be attested by a credible witness, with his address and description.

(b.) Otherwise, the bill is void in China and in Japan to the extent following, but not further (that is to say):

:

(i.) In the case of failure to conform with the rule respecting an inventory, as far as regards chattels omitted from the inventory; and

(ii.) In any other case, wholly.

(c.) The inventory, and any defeasance, condition, or declaration as aforesaid, respectively, is for all purposes deemed part of the bill.

30.-A bill of sale conforming, or appearing to conform, with the foregoing rules, may be registered, if it is intended to affect chattels in China, at the Supreme Court; and if it is intended to affect chattels in Japan, at the Court for Japan; or in either case at the Cousulate of the Consular district wherein the chattels are; within the respective time following and not afterwards (namely):

(i.) Within fourteen days after its execution, where it is executed in the Con- sular district wherein the chattels are:

(ii.) Within two months after its execution, where it is executed in China or in Japan, elsewhere than in that Consular district, or in Hongkong:

(iii.) Within six months after its execution, where it is executed elsewhere than in China, Japan, or Hongkong.

31.-Registration is made as follows: The original and a copy of the bill of sale, and an affidavit verifying the execution, and the time and place of execution, and the attestation thereof, and verifying the copy, are brought into the proper office of the Court or the Consulate; and the copy and affidavit are left there.

32.-If a bill of sale is not registered at a place and within the time by this Order appointed and allowed for registration thereof, it is, from and after the expiration of that time, void in China or in Japan, according as that place is in China or in Japan, to the extent following, but not further (that is to say):

(i.) As against trustees or assignees of the estate of the grantor, in or under bankruptcy, liquidation, or assignment for benefit of creditors; and

(ii.) As against all sheriffs and others seizing chattels under process of any Court, and any person on whose behalf the seizure is made; but only