Directory_and_Chronicle_1900 — Page 278

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THE CHINA AND JAPAN ORDER IN COUNCIL, 1881

(i.) Within fourteen days after its execution, where it is executed in the Con- sula 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 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 the 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

(iii.) As regards the property in, or right to, the possession of such chattels comprised in the bill as, at or after the filing of the petition for bankruptcy or liqui dation, or the execution of the assignment, or the seizure, are in the grantor's posses- sion, or apparent possession.

33.-Registered bills of sale affecting the same chattels have as among them- selves priority in order of egistration.

34.-Chattels comprised in a registered bill of sale are not in the possessiou, order, or disposition of the grantor within the law of bankruptcy.

35.-If in any case there is an unregistered bill of sale, and within or on the expiration of the time by this Order allowed for registration thereof, a subsequent bill of sale is granted affecting the same or some of the same chattels, for the same or part of the same debt, then the subsequent bill is, to the extent to which it com. prises the same chattels and is for the same debt, absolutely void, unless the Supreme Court for China and Japan, or the Court for Japan, as the case may require, is satisfied that the subsequent bill is granted in good faith for the purpose of correcting some material error in the prior bill, and not for the purpose of unlawfully evading the operation of this Order.

years.

36. The registration of a bill of sale must be renewed once at least

every five

37.-Renewal of registration is made as follows:-An affidavit stating the date of and parties to the bill of sale, and the date of the original registration, and of the last renewal, and that the bill is still a subsisting security, is brought in to the proper office of the Court or the Consulate of original registration, and is left there.

38.—If the registration of a bill of sale is not so renewed in any period of five years, then on and from the expiration of that period the bill is deemed to be unregistered.

39. The provisions of this Order relating to renewal apply to bills of sale registered under the Regulations repealed by this Order.

40.-A transfer or assignment of a registered bill of sale need not be registered; and renewal of registration is not necessary by reason only of such a transfer or assignment.

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41.-Where the time for registration or renewal of registration of a bill of sale expires on a Sunday, or other day on which the ffice for registration is closed, the registration or renewal is valid if made on the first subsequent day on which the office is open.

42. If in any case the Supreme Court for China and Japan, or the Court for Japan, as the case may require, is satisfied that failure to register or to renew the registration of a bill of sale in due time, or any omission or misstatement connected with registration or renewal, was accidenal or inadvertent, the Court may, if it thinks