716942-1864-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO--OF-1864- — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1864.

B.

IN THE SUPREME COURT OF HONGKONG,

On the

day of

A.D. 186

Hongkong (to wit) A. B. in his own Person [or by sued out a writ against C. D. indorsed as follows.

And the said C. D. has not appeared

his Attorney]

[Here copy Indorsement of Plaintiff's claim]

Therefore it is

HONGKONG.

Title.

Preamble.

Part of Section 2 of

1856 repealed.

ANNO VICESIMO OCTAVO VICTORIÆ REGINÆ.

No. of 1864.

By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.

An Ordinance for preventing Frauds upon Creditors by Secret Bills of Sale of Personal Chattels.

[ August, 1864.]

Whereas it is expedient that the several matters embraced by Ordinance No. 5 of 1856 should be provided for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hongkong with the advice of the Legislative Council

thereof as follows:

I. So much of Section 2 of Ordinance No. 5 of 1856 as relates to the Imperial Ordinance No. 5 of Enactment entitled "An Act for preventing Frauds upon Creditors by Secret Bills of Sale of personal Chattels" shall be repealed except as to the proceedings which may have been taken thereunder before the passing of this Ordinance.

Bills of Sale to be

or a Copy thereof be

one Days.

II. Every Bill of Sale of personal Chattels made after the passing of this Ordinance, void unless the same either absolutely or conditionally, or subject or not subject to any Trusts, and whereby filed within Twenty- the Grantee or Holder shall have power, either with or without notice, and either immediately after the making of such Bill of Sale, or at any future time, to seize or take possession of any Property and Effects comprised in or made subject to such Bill of Sale, and every Schedule or Inventory which shall be thereto annexed or therein referred to, or a true copy thereof, and of every Attestation of the Execution thereof shall together with an Affidavit of the time of such Bill of Sale being made or given and a Description of the Residence and Occupation of the Person making or giving the same, or, in case the same shall be 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 shall have issued, and of every Attesting Witness to such Bill of Sale be filed with the Registrar of the Supreme Court within Twenty-one Days after the making or giving of such Bill of Sale, otherwise such Bill of Sale shall, as against all Assignees of the Estate and Effects of the Person whose Goods or any of them are comprised in such Bill of Sale under the Laws relating to Bankruptcy or Insolvency, or under any Assignment for the Benefit of the Creditors of such Person, and as against all Sheriffs Officers and other Persons seizing any Property or Effects comprised in such Bill of Sale in the Execution of any Process of any Court of Law or Equity authorising the Seizure of the Goods of the Person by whom or of whose Goods such Bill of Sale shall have been made, and against every Person on whose Behalf such Process shall have been issued, be null and void to all Intents and Purposes whatsoever, so far as regards the Property in or Right to the Possession of any personal Chattels comprised in such Bill of Sale which at or after the time of such Bankruptcy or of the Execution by the Debtor of such Assignment for the Benefit of his Creditors or of executing such Process (as the case may be), and after the Expiration of the said Period of Twenty-one Days, shall be in the Possession or apparent Possession of the Person making such Bill of Sale, or of any Person against whom the Process shall have issued under or in the Execution of which such Bill of Sale shall have been made or given as the case may be.