1912_BILLS_OF_SALE_ORDINANCE__1886 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

BILLS OF SALE.

No. 7 of 1886.

345

of the Court having cognizance of the case, that the subsequent bill of sale was bonâ fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance.

10.-(1) A bill of sale shall be attested and registered under this Ordinance in the following manner :-

(a) the execution of the bill by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto;

(b) the bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of the bill, and of every such schedule or inventory, and of every attestation of the execution of the bill, together with an affidavit of the time of the bill being made or given and of its due execution and attestation, and a description of the residence and occupation of the person making or giving the same (or, in case the same is 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 issued), and of every attesting witness to the bill shall be presented to, and the said copy and affidavit shall be filed with, the Registrar within 7 clear days after the making or giving of the bill; and

(c) if the bill is made or given subject to any defeasance, condition, or declaration of trust not contained in the body thereof, such defeasance, 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.

(2) 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.

(3) A transfer or assignment of a registered bill of sale need not be registered.

Mode of registering bill of sale. [41 & 42 Vict. c. 31 s. 10; 45 & 46 Vict. c. 43 s. 10.]

11.-(1) The registration of a bill of sale must be renewed once at least every 5 years, and if a period of 5 years elapses from the registration or renewed registration of a bill of sale without a re-

[41 & 42 Vict. c. 31 s. 11.]

* As amended by No. 50 of 1911 and No. 2 of 1911.

***

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BILLS OF SALE. No. 7 of 1886. 345 of the Court having cognizance of the case, that the subsequent bill of sale was bonâ fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance. 10.-(1) A bill of sale shall be attested and registered under this Ordinance in the following manner :- (a) the execution of the bill by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto; (b) the bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of the bill, and of every such schedule or inventory, and of every attestation of the execution of the bill, together with an affidavit of the time of the bill being made or given and of its due execution and attestation, and a description of the residence and occupation of the person making or giving the same (or, in case the same is 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 issued), and of every attesting witness to the bill shall be presented to, and the said copy and affidavit shall be filed with, the Registrar within 7 clear days after the making or giving of the bill; and (c) if the bill is made or given subject to any defeasance, condition, or declaration of trust not contained in the body thereof, such defeasance, 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. (2) 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. (3) A transfer or assignment of a registered bill of sale need not be registered. Mode of registering bill of sale. [41 & 42 Vict. c. 31 s. 10; 45 & 46 Vict. c. 43 s. 10.] 11.-(1) The registration of a bill of sale must be renewed once at least every 5 years, and if a period of 5 years elapses from the registration or renewed registration of a bill of sale without a re- [41 & 42 Vict. c. 31 s. 11.] * As amended by No. 50 of 1911 and No. 2 of 1911. *** Page 5 Page 6
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BILLS OF SALE. No. 7 of 1886. 345 of the Court having cognizance of the case, that the subsequent bill of sale was bonâ fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance. 10.-(1) A bill of sale shall be attested and registered under this Ordinance in the following manner :- (a) the execution of the bill by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto; (b) the bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of the bill, and of every such schedule or inventory, and of every attestation of the execution of the bill, together with an affidavit of the time of the bill being made or given and of its due execution and attestation, and a descrip- tion of the residence and occupation of the person making or giving the same (or, in case the same is 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 issued), and of every attesting witness to the bill shall be presented to, and the said copy and affidavit shall be filed with, the Registrar within 7 clear days after the making or giving of the bill; and (c) if the bill is made or given subject to any defeasance, condi- tion, or declaration of trust not contained in the body thereof, such defeasance, condition, or declaration shall be deemed to be part of the bill, and shall be written on the same paper or parchment there- with 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. (2) 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. (3) A transfer or assignment of a registered bill of sale need not be registered. Mode of registering bill of sale. [41 & 42 Vict. c.3is. 10; 4546 Vict. & e. 43 s. 10.] 11-(1) The registration of a bill of sale must be renewed once Renewal of at least every 5 years, and if a period of 5 years elapses from the registration. [41 & 42 Vict. registration or renewed registration of a bill of sale without a re- c. 31 s. 11.] * As amended by No. 50 of 1911 and No. 02 of 1911. *** Page 5Page 6
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BILLS OF SALE.

No. 7 of 1886.

345

of the Court having cognizance of the case, that the subsequent bill of sale was bonâ fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance.

10.-(1) A bill of sale shall be attested and registered under this Ordinance in the following manner :-

(a) the execution of the bill by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties

thereto;

(b) the bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of the bill, and of every such schedule or inventory, and of every attestation of the execution of the bill, together with an affidavit of the time of the bill being made or given and of its due execution and attestation, and a descrip- tion of the residence and occupation of the person making or giving the same (or, in case the same is 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 issued), and of every attesting witness to the bill shall be presented to, and the said copy and affidavit shall be filed with, the Registrar within 7 clear days after the making or giving of the bill; and

(c) if the bill is made or given subject to any defeasance, condi- tion, or declaration of trust not contained in the body thereof, such defeasance, condition, or declaration shall be deemed to be part of the bill, and shall be written on the same paper or parchment there- with 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.

(2) 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.

(3) A transfer or assignment of a registered bill of sale need not be registered.

Mode of registering bill of sale. [41 & 42 Vict.

c.3is. 10; 4546 Vict.

&

e. 43 s. 10.]

11-(1) The registration of a bill of sale must be renewed once Renewal of at least every 5 years, and if a period of 5 years elapses from the registration.

[41 & 42 Vict. registration or renewed registration of a bill of sale without a re- c. 31 s. 11.]

* As amended by No. 50 of 1911 and No. 02 of 1911.

***

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