THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1864.
307
Defeasance or Con-
Bill of
ditions of
every Sale to be written on
III. If such Bill of Sale shall be made or given subject to any Defeasance or Condition or Declaration of Trust not contained in the Body thereof such Defeasance or Condition or Declaration of Trust shall, for the purposes of this Ordinance be taken the same Paper. as part of such Bill of Sale and shall be written on the same Paper on which such Bill of Sale shall be written, before the time when the same or a Copy thereof respectively shall be filed, otherwise such Bill of Sale shall be null and void to all Intents and Purposes as against the same Person and as regards the same Property and Effects, as if such Bill of Sale or a Copy thereof had not been filed according to the Provisions of this Ordinance.
Book containing Par-
IV. The Registrar shall cause every Bill of Sale, and every such Schedule and Registrar to keep a Inventory as aforesaid, and every such Copy filed in his said Office under the Provisions ticulars of each Bills of this Ordinance to be numbered and shall keep a Book in his said Office in which he of Sale. shall cause to be fairly entered an alphabetical List of every such Bill of Sale, containing therein the Name, Addition and Description 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 Process as aforesaid, then the Name, Addition and Description of the Person against whom such Process shall have issued, and also of the Person to whom or in whose favor the same shall have been given, together with the Number and the Dates of the Execution and filing of the same, and the Sum for which the same has been given, and the time or times (if any) when the same is thereby made payable according to the Form contained in the Schedule to this Ordinance, which said Book and every Bill of Sale or Copy thereof filed in the said Office may be searched and viewed by all Persons at all reason- able times paying to the Registrar for every search against one Person the Sum of
and no more; and that in addition to the last mentioned Book the Registrar shall keep another Book or Index in which he shall cause to be fairly inserted, as and when such Bills of Sale are filed in manner aforesaid the Name, Addition and Description of the Person making or giving the same, or of the Person against whom such Process shall have issued as the case may be, and also of the Persons to whom or in whose Favor the same shall have been given but containing no further Particulars thereof; which last mentioned Book or Index all Persons shall be permitted to search for them- selves paying to the Registrar for such last mentioned Search the Sum of
V. A Fee of
shall be paid for filing and entering every such Bill of Sale and the Registrar shall account therefor in like manner as is now done with respect to other Fees recovered by him by virtue of his said Office.
a Fee of and Registrar to ac
for filing Bill of Sal
count for the same.
Office Copies or Ex-
VI. Any Person shall be entitled to have an Office Copy or an Extract of every Bill of Sale or of the Copy thereof filed as aforesaid, upon paying for the same at the tracts to be given on like rate as for Office Copies of Judgments.
paying as for Copies of Judgment.
VII. It shall be lawful for the Chief Justice to order a Memorandum of Satisfaction Satisfaction may be to be written upon any Bill of Sale or Copy thereof respectively as aforesaid if it shall sppear to him that the Debt (if any) for which such Bill of Sale is given as Security ahall have been satisfied or discharged.
entered.
VIII. In construing this Ordinance the following Words and Expressions shall Interpretation of have the meanings hereby assigned to them unless there be something in the Subject Terms. or Context repugnant to such constructions; (that is to say) the Expression "Bill of Sale" shall include Bills of Sale, Assignments, Transfers, Declaration of Trust without Transfer and other Assurances of Personal Chattels and also Powers of Attorney, Authorities or Licenses to take possession of Personal Chattels as Security for any Debt but shall not include the following Documents, that is to say, Assignments for the Benefit of the Creditors of the Person making or giving the same, Marriage Settlements, Transfers, or Assignments of any Ship or Vessel or any Share thereof; Transfers of Goods in the Ordinary Course of Business of any Trade or Calling; Bills of Sale of Goods in Foreign Parts or at Sea; Bills of Lading; India Warrants; Warehouse Keeper's 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 autho- rizing or purporting to authorize either by Endorsement or by Delivery the Possessor of such Document to transfer or receive Goods thereby represented.
The Expression "personal Chattels" shall mean Goods, Furniture, Fixtures and other Articles capable of complete Transfer by Delivery and shall not include Chattel, Interests in Real Estate nor Shares or Interest in the Stock, Funds, or Securities of any Government, or in the Capital or Property of any incorporated or Joint Stock Company nor Choses in Action nor any Stock or Produce upon any Farm or Lands which by
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