BILLS OF SALE.
No. 7 of 1886.
337
instruments
the Ordi-
41 & 42 Vict. c. 31, s. 6.
6. Every attornment, instrument, or agreement, not being a certain 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.
crops not to be
separately
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.
by same
c. 31, s. 7.
unless
45 & 46 Vict.
8. Every bill of sale shall be duly attested and shall be registered within seven clear days after the execution thereof, or, if it is executed in any place out of the Colony, then within seven 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.
BILLS OF SALE.
No. 7 of 1886.
337
instruments
the Ordi-
41 & 42 Vict. c. 31, s. 6.
6. Every attornment, instrument, or agreement, not being Certain a mining lease, whereby a power of distress is given or giving power agreed to be given by any person to any other person by of distress to way of security for any present, future, or contingent debt be subject to or advance, and whereby any rent is reserved or made pay- nance. able 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.
crops not to
separately
7.(1) No fixtures or growing crops shall be deemed, Fixtures or under this Ordinance, to be separately assigned or charged growing by reason only that they are assigned by separate words, or be doomed that power is given to sever them from the land or building assigned to which they are affixed, or from the land on which they when the grow, without otherwise taking possession of or dealing with land passes such land or building, or land, if by the same instrument instrument. any leasehold interest in the land or building to which such 41 & 42 Vict. 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.
by same
c. 31, s. 7.
unless
45 & 46 Vict.
8. Every bill of sale shall be duly attested and shall be Avoidance of registered within seven clear days after the execution thereof, bill of sale or, if it is executed in any place out of the Colony, then attested and within seven clear days after the time at which it would, in registered. the course of post, arrive in the Colony if posted immediately c. 43, s. 8. after the execution thereof, and shall truly set forth the con- sideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chattels com- prised therein.
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