Directory_and_Chronicle_1940 — Page 120

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Registration of mortgagee,

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.

ORDERS IN COUNCIL

VI. MORTGAGES AND BILLS OF SALE.

Mortgages.

129. A deed or other instrument of mortgage, legal or equitable, lands or houses in China or Corea, executed by a British subject, ma be registered at any time after its execution at the Consulate of th Consular district wherein the property mortgaged is situate.

130. Registration is made as follows:-The original and a copy o the deed or other instrument of mortgage, and an affidavit verifying th execution and place of execution thereof, and verifying the copy, ar brought into the Consulate and the copy and affidavit are left there

131. If a deed or other instrument of mortgage is not registered the Consulate aforesaid within the respective time following, namely:-

(1) Within fourteen days after its execution, where it is executed

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

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

where than in China, Corea, Weihaiwei or Hongkong;

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

132. Registered deeds or other instruments of mortgage, legal 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 an keeping of indexes, and of a general index, to the register of mortgage and searches in those indexes, and other particulars connected with th making, keeping, and using of those registers and indexes, and fo authorizing and regulating the unregistering of any deed or othe instrument of mortgage, or the registering of any release or satisfactio 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

are intended to affect chattels in China or Corea; (2) Do not apply to bills of sale given by sheriffs or others unde

or in execution of process authorizing seizure of chattels. 135.-(1) Every bill of sale must conform with the following rule

namely:-

(a) It must state truly the name, description, and address of th

grantor.

(b) It must state truly the consideration for which it is granted.

It must have annexed thereto or written thereunder an inventor

of the chattels intended to be comprised therein.

(d) Any defeasance, condition, or declaration of trust affecting th bill not contained in the body of the bill must be written o the same paper as the bill.

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

with his address and description.

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

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