THE HONGKONG GOVERNMENT GAZETTE, 8TH MAY, 1886.
(3.) If the Bill of Sale is made or given subject to any defeasance or condition, or declaration of trust not contained in the body thereof, such defeas- auce, condition, or declaration shall be deemed to be part of the Bill, and shall be written on the same paper or parchment therewith before the registration, and shall be truly set forth in the copy filed under this Ordinance therewith and as part thereof, otherwise the registration shall be void.
In case two or more Bills of Sale are given, comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels.
A transfer or assignment of a registered Bill of Sale need not be registered.
11. The registration of a Bill of Sale, whether executed before or after the commencement of this Ordinance, must be renewed once at least every five years, and if a period of five years elapses from the registration or renewed regis- tration of a Bill of Sale without a renewal or further renewal (as the case may be), the registration shall become void.
The renewal of a registration shall be effected by filing with the Registrar an affidavit stating the date of the Bill of Sale and of the last registration thereof, and the names, residences, and occupations of the parties thereto as stated therein, and that the Bill of Sale is still a subsisting security. Every such affidavit may be in the form set forth in the -Schedule A. hereto.
A renewal of registration shall not become necessary by reason only of a transfer or assignment of a Bill of Sale.
12. Every Bill of Sale shall have annexed thereto or written thereunder a Schedule containing an inventory of the personal chattels comprised in the Bill of Sale; and such Bill of Sale save as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in the said Schedule, and shall be void except as against the grantor in respect of any personal chattels not so speci- fically described.
13. Save as hereinafter mentioned, a Bill of Sale shall be void except as against the grantor in
of any personal respect chattels specifically described in the Schedule thereto of which the grantor was not the true owner at the time of the execution of the Bill of Sale.
14. Nothing hereinbefore contained shall render a Bill of Sale void in respect of any of the following things, (that is to say)
(1.) Any growing crops separately assigned or charged where such crops were actually growing at the time when the Bill of Sale was executed. (2.) Any fixtures separately assigned or charged and any plaut or trade machinery where such fixtures plant or trade machinery are used in attached to or brought upon any land, farm, factory, workshop, shop, house, warehouse, or other place in substitu- tion for any of the like fixtures, plant or trade machinery specifically described in the Schedule to such Bill of Sale.
15. Personal chattels assigned under a Bill of Sale shall not be liable to be seized or taken possession of by the grantee for any other than the following causes:—
(1.) If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the per- formance of any covenant or agreement contained in the Bill of Sale and necessary for maintaining the security;
(2.) If the grantor shall become a bankrupt or suffer the said goods or any of them to be distrained for rent, rates or taxes;
(3.) If the grantor shall fraudulently either remove or suffer the said goods or any of them to be removed from the premises;
(4.) If the grantor shall not without reasonable excuse upon demand in writing by the grantee produce to him his last receipts for rent, rates and taxes; (5.) If execution shall have been levied against the goods of the grantor under any judgment at law; Provided that the grantor may within five days from the seizure or taking possession of any chattels on account of any of the above mentioned causes apply to the Court or a. Jedino themed in Chumbots, and such Court or Judge
Renewal of registration [41 & 42 V. c. 31, 11.3
Bill of Sale to have Schedule of property attached. [45 & 46 V. e. 43, s. 4.)
Bill of Sale not to affect after acquired property. Î43 & 46 V. c. 43, 6. 5.)
Exception as
to certain things. [45 & 46 7. c. 43, § 6.)
Bill of Sale with power to seize except in certain evente to be void. [Ibid, a. 7.]
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