541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 35

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

PART VI.

MORTGAGES AND BILLS OF SALE.

Mortgages.

1321

of mortgage.

129. A deed or other instrument of mortgage, legal or equitable, of lands or Registration 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.

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

131. If a deed or other instrument of mortgage is not registered at the Con- Time for sulate aforesaid within the respective time following (namely) :-

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

sular district wherein the property mortgaged is situate;

(2.) Within two months after its exeention, where it is executed in China or Corea, elsewhere than in that Consular district, or in Wei-hai-Wei or Hong Kong;

3.) Within six months after its execution, where it is executed elsewhere

than in China, Corea, Wei-hai-Wei, or Hong Kong;

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.

registration.

132. Registered deeds or other instruments of mortgage, legal or equitable, Primity. of the same lands or houses have, as among themselves, priority in order of registration.

indexes of

133. His Majesty's Minister may, with the approval of the Secretary of State, Kules for make Rules for prescribing and regulating the making and keeping of indexes, mortgages, and of a general index, to the register of mortgage, and searches in those indexes, and other particulars connected with the making, keeping, and using of those re- gisters 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.

Bills of Sale.

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

To what

bills of sale this Order

(1.) Apply only to such bills of sale exccuted by British subjects as are applies."

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.

135.-(1.) Every bill of sale must conform with the following rules Contents of (namely) :-

(4.) It must state truly the name, description, and address of the grantor,

bill of sale.

Page 35Page 36