667087-1886-Ordinances-10-to-14-of-1886-assented-to-Medical-Register- — Page 5

1886.

313

THE HONGKONG GOVERNMENT GAZETTE, STH MAI,

bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehousekeepers' certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or re- ceive goods thereby represented: Provided always that in the construction of sections 8, 10, (sub-sec- tion 1), 12, 13, 14, 15, 16, 17, 18, 19, 23, of this Ordinance, the said expression shall not include bills of salé or other instruments hereinbefore mentioned which may be given otherwise than by way of security for the payment of money. The expression Personal Chattels shall mean goods, furniture, and other articles capable of complete transfer by delivery, and (when separately assign- ed or charged) fixtures and growing crops, but shall not include fixtures (except trade machinery as hereinafter defined), when assigned together with any interest in any land or building to which“. they are affixed, nor growing crops when assigned together with any interest in the land on which they grow nor shares or interests in the stock, funds, or securities of any Government, or in the.... capital or property of incorporated or joint stock companies, nor choses in action, nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement ought not to be removed from any farm where the same are at the time of making or giving of such Bill of Sale :- Personal chattels shall be deemed to be in the apparent possession of the person making or giving a Bill of Sale, so long as they remain or are in or upon any house, mill, warehouse, building, works, yard, land, or other premises, occupied by him, or are used and enjoyed by him in any place whatsoever notwithstanding that formal possession thereof may have been taken by or given to any other person:--

--:

Registrar shall mean the Registrar of the Supreme

Court or his deputy.

Affidavit shall include any affirmation or declaration of any person by Law allowed to make au affirm- ation or declaration in lieu of an affidavit. Prescribed means prescribed by rules made under the

provisions of this Ordinance.

5. From and after the commencement of this Ordinance, trade machinery shall, for the purposes of this Ordinance, be deemed to be personal chattels, and any mode of disposi- tion of trade machinery by the owner thereof, which would be a Bill of Sale as to any other personal chattels, shall be deemed to be a Bill of Sale within the meaning of this Ordinance.

For the purposes of this Ordinance,-

Trade machinery means the machinery used in or

attached to any factory or workshop,

1st. Exclusive of the fixed motive-powers, such as the water-wheels and steam engines, and the steam- boilers, donkey engines, and other fixed appurte- nances of the said motive-powers; and, 2nd. Exclusive of the fixed power machinery, such as the shafts, wheels, drums, and their fixed appurte- nances, which transmit the action of the motive powers to the other machinery, fixed and loose; and,

3rd. Exclusive of the niper for steam, gas, and water

in the factory or workshop.

The machinery or effects exelnded by this Section from the definition of trade machinery shall not be deemed to be personal chattels within the meaning of this Ordinance,

Factory or workshop menus any premises on which any manual labour is exercised by way of trade, or for purposes of gain, in or incidental to the following purposes or any of them, that is to say, (a.) In or incidental to the making any article

or part of an article; or

(6.) In or incidental to the altering, repairing,

finishing, of any article: or

(c.) In or incidental to the adapting for sale

any articic.

143 & 46 V.c

43, s. 3.)

Application of Ordinance to trade

machinery. lal & 42 Ý. . 31, 8. 5.)