667087-1886-Ordinances-10-to-14-of-1886-assented-to-Medical-Register- — Page 6

374

THE HONGKONG GOVERNMENT GAZETTE, 8TH MAY, 1886.

Certain justrumante giving powere

of distress to

be subject

to this

Ordinance.

(41 & 42 V. 6.

33, s. 6.]

Fixtures or

growing crops

not to he

deemed separately unique when

the land passes by the

KAIDO

instrument. 141 & 42 V. c. 31, 6. 7.)

•

Bill of Sale to be void unless attested and registered.

(45 år 46 V. c. 43. . .J

Aroiñaven of certain duplicate Bill of Sale, [41 & 42 V.c 31. s. 91

Mode of

regist sing. (4) & V. c. 31, 10.

45 8:45 V.

c. 43,

19.]

6. Every attornment, iustrument, or agreement, not being a mining lease, whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any present, future, or contingent debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security ouly, shall be deemed to be & Bill of Sale, within the meaning of this Ordinance, of any personal chattels which may be seized or taken under such power of distress.

Provided, that nothing in this Section shall extend to any mortgage of any estate or interest in any land or tene- ment which the mortgagee, being in possession, shall have demised to the mortgagor as his tenant at a fair and reason- able rent.

7. No fixtures or growing crops shall be deemed, under this Ordinance, to be separately assigned or charged by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed or from the land on which they grow without otherwise taking possession of or dealing with such land or building, or land, if by the same instru- ment any leasehold interest in the land or building, to which such fixtures are affixed, or in the land on which such crops grow is also conveyed or assigned to the same

persons or person.

The same rule of construction shall be applied to all deeds or instruments, including fixtures or growing crops, executed before the commencement of this Ordinance andTM then subsisting and in force, in all questions arising under any bankruptcy, liquidation, assignment for the benefit of creditors, or execution of any process of any Court, which shall take place or be issued after the commencement of this Ordinance.

8. Every Bill of Sale shall be duly attested and shall be registered within seven clear days after the execution thereof, or if it is executed in any place out of the Colony then within seven clear days-after the time at which it would in the course of post arrive in the Colony if posted immediately after the execution thereof, and shall truly set forth the consideration for which it was given; other- wise such Bill of Sale shall be void in respect of the personal chattels comprised therein.

9. Where a subsequent Bill of Sale is executed within or on the expiration of seven days after the execution of a prior unregistered Bill of Sale, and comprises all or any part of the personal chattels comprised in such prior Bill of Sale, then, if such subsequent Bill of Sale is given as a security for the same debt as is secured by the prior Bill of Sale, or for any part of such debt, it shall, to the extent to which it is a security for the same debt or part thereof, and so far as respects the personal chattels or part thereof comprised in the prior Bill, be absolutely void, unless it is proved to the satisfaction of the Court having cognizance of the case that the subsequent Bill of Sale was bonâ fide given for the purpose of correcting some material error in the prior Bill - of Sale, and not for the purpose of evading this Ordinance. 10. A Bill of Sale shall be attested and registered under this Ordinance in the following manner :-

(1.) The execution of every Bill of Sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto. (2.) Such Bill, with every schedule or inventory thereto aunexed or therein referred to, and also a true copy of such Bill and of every such schedule or inventory, and of every attestation of the execution of such Bill of Sale together with an affidavit of the time of such Bill of Sale being made or given, and of its due execution and attestation, and a description of the residence and occupation of the person making or giving the same (or in case the same is made or given by any person under or in the execution of any process, then a description of the residence and occupation of the person against whom such process issued), and of every attesting witness to such Bill of Sale, shall be presented to and the said copy and affidavit shall be filed with the Registrar within seven clear days after the making or giving of such Bill of Sale,