Directory_and_Chronicle_1936 — Page 124

94

Registration

TORDERS IN. COUNCIL

VI.—MORTGAGES; And Bills of Sale,

Mortgages.

129. A deed or other instrument of mortgage, legal or equitable, of of mortgages, lands or houses in China or Corea, 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.

Mode of registration.

Time for registration

Priority.

Rules for indexes of mortgages.

To what bill of sale this

Order applies.

Contents of bill of sale.

130. Registration is made as follows:-The original 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.

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131. 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 property mortgaged is situate; (2) Within two months after its execution, where it is executed in China or Corea, elsewhere than in that Consular district, or in Weihaiwei or Hongkong;

(3) Within six months after its execution, where it is executed else-

where than in China, Corea, Weihaiwei or Hongkong;

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then, and in every such case, the mortgage debt secured by the deed or other instrument and the interest thereon shall not have priority over judgment or simple contract debts contracted before the registration of that deed or other instrument.

132. 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.

133. His Majesty's Minister may, with the approval of the Secretary of State, make 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.

.

Bill of Sale.

134. The provisions of this Order relating to bills of sale:- (1) Apply only to such bills of sale executed by British subjects as

are intended to affect chattels in China or Corea;

(2) Do not apply to bills of sale given by sheriffs or others under

or in execution of process authorizing seizure of chattels, stat

(1) Every bill of sale must conform with the following rules,

135. namely:-

(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 must have annexed thereto or written thereunder an inventory

of the chattels intended to be, comprised therein...

(d) 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.

(e) The execution of the bill must be attested by a credible witness,

with his address and description.widgot arou

(2) Otherwise, the bill is void in China and in Corea to the extent following, but not further, that is to say-