Directory_and_Chronicle_1903 — Page 299

234

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881

execution thereof, and verifying the copy, are brought into the Consulate; and the copy and affidavit are left there.

24.—If a deed or other instrument of mortgage is not registered at the Cou- sulate aforesaid within the respective times following (namely):

(i.) Within fourteen days after its execution, where it is executed in the Consular district wherein the property mortgaged is situate:

(ii.) Within two months after its execution, where it is executed in China or 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:

Then, and in every such case, the mortgage debt secured by the deed or other instru- ment, and the interest thereon, shall not have priority over judgment or simple con- tract debts contracted before the registration of that deed or other instrument.

25.—Registered deeds or other instruments of mortgage, legal or equitable, of the same lands or houses have, as among themselves, priority in order of registration. 26.-(a.) The provisions of this Order do not apply to a deed or other instru- ment of mortgage executed before the commencement of this Order.

(b.) As regards a deed or other instrument of mortgage executed before the commencement of this Order, the Regulations repealed by this Order shall, notwith- standing that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had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 Bules from time to time, is hereby 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 intended 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 the grantor. (2.) It must state truly the consideration for which it is granted.

(3.) It must 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 contained 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 Consulate of the Consular district wherein the chattels are, within the respective times following and not afterwards (namely): C