344
Fixtures or growing crops not to be deemed separately assigned when the land passes by same instrument. [41 & 42 Vict. c. 31 s. 7.]
Avoidance of bill of sale unless attested and registered. [45 & 46 Vict. c. 43 s. 8.]
Avoidance of certain duplicate bills of sale. [41 & 42 Vict. c. 31 s. 9.]
No. 7 of 1886.
BILLS OF SALE.
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 same person.
(2) 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 and 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 takes place or is issued after the commencement of this Ordinance.
8. Every bill of sale shall be duly attested and shall be registered within 7 clear days after the execution thereof, or, if it is executed in any place out of the Colony, then within 7 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; otherwise 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 7 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 that the subsequent bill of sale was given bona fide and for valuable consideration.
11. At least one attesting witness shall be examined as to the execution of the bill of sale, and if the affidavit is not filed within the required time, the bill of sale shall be void in respect of the personal chattels comprised therein.
(2) or (3) ...
... registration ...
344
Fixtures or growing
crops not to be deemed separately assigned
when the laud passes by same instrument. [41 & 42 Vict. e. 31 s. 7.]
Avoidance of bill of sale unless
attested and registered. [45 & 46 Vict. c. 43 s. 8.]
Avoidance
of certain
duplicate bills of sale.
[41 & 42 Vict. c. 31 s. 9.]
No. 7 of 1886.
BILLS OF SALE.
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 same person.
(2) 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 and 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 takes place or is issued after the commence- ment of this Ordinance.
8. Every bill of sale shall be duly attested and shall be registered within 7 clear days after the execution thereof, or, if it is executed in any place out of the Colony, then within 7 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; otherwise 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 7 days after the execution of a prior unregistered bill of sale, and comprises all or any part of the personal chattels com- prised 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
і
C
tl
th
St
oi
m
tir
th
Or
an
of
San
cle:
(
tior
def
the
witl
filed
the
(2
or i
orde chati
(3),
regis
11.
at le regist
No comments yet.
Private notes are available after approval.