510
Certain instruments giving power of distress to be subject to the Ordinance.
41 & 12 Vict. c. 31 s. 6.
Fixtures or growing crops not to be deemed separately assigned when the land passes by same instrument. Ib, s. 7.
No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1886.
(2.) 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 appurtenances of the said motive-powers; and
2nd. exclusive of the fixed power machinery, such as the shafts, wheels, drums, and their fixed appurtenances, which transmit the action of the motive-powers to the other machinery, fixed and loose; and
3rd. exclusive of the pipes for steam, gas, and water in the factory or workshop.
(3.) The machinery or effects excluded by this section from the definition of trade machinery shall not be deemed to be personal chattels within the meaning of this Ordinance.
(4.) Factory or workshop means 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
(b.) in or incidental to the altering, repairing, or finishing of any article; or
(c.) in or incidental to the adapting for sale any article.
6. Every attornment, instrument, 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 only, shall be deemed to be a 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 tenement which the mortgagee, being in possession, has demised to the mortgagor as his tenant at a fair and reasonable rent.
7.(1.) 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 instrument 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
510
Certain
instruments
giving power of distress to be subject to the Ordi-
nance.
41 & 12 Vict.
c. 31 s. 6.
Fixtures or
growing crops
not to be
deemed sepa rately assign- ed when the
land passes by same instrument. Ib, s. 7.
No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1886.
(2.) 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 appurtenances of the said motive-powers ; and 2nd. exclusive of the fixed power machinery, such as the shafts, wheels, drums, and their fixed appurtenances, which transmit the action of the motive-powers to the other machinery, fixed and loose; and
3rd. exclusive of the pipes for steam, gas, and water in the factory
or workshop.
(3.) The machinery or effects excluded by this section from the de- finition of trade machinery shall not be deemed to be personal chattels within the meaning of this Ordinance.
(4.) Factory or workshop means any premises on which any manual labour is exercised by way of trade, or for purposes of gain, in or inci- dental 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
(b.) in or incidental to the altering, repairing, or finishing of any
article; or
(c.) in or incidental to the adapting for sale any article.
6. Every attornment, instrument, or agreement, not heing 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 only, shall be deemed to be a 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 mort- gage of any estate or interest in any land or tenement which the mort- gagee, being in possession, has demised to the mortgagor as his tenant at a fair and reasonable rent.
7-(1.) 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 instrument 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
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