Bills of Sale.
[CAP. 20
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.
[6
growing
deemed
assigned
passes.
6. 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.
[7(1)
7. 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.
8.
[8
c. 31, s. 7.
Avoidance of unless registered.
c. 43, s. 8.
bill of sale
attested and
45 & 46 Vict.
of certain
bills of sale.
duplicate
41 & 42 Vict.
c. 31, s. 9.
Where a subsequent bill of sale is executed within or on the expiration of seven 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 having cognizance of the case, that
399
Page 5
Page 6
Bills of Sale.
[CAP. 20
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 reason- able rent.
[6
growing
deemed
assigned
passes.
6. No fixtures or growing crops shall be deemed, Fixtures or under this Ordinance, to be separately assigned or charged crops not by reason only that they are assigned by separate words, separately or that power is given to sever them from the land or build- when land ing to which they are affixed, or from the land on which 41 & 42 Vict. they grow, without otherwise taking possession of or dealing with such land or building, or land, if by the same instru- ment 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.
[7(1)
7. 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.
8.
[8
c. 31, s. 7.
Avoidance of unless registered. c. 43, s. 8.
bill of sale
attested and
45 & 46 Vict.
of certain
bills of sale.
duplicate 41 & 42 Vict.
c. 31, s. 9.
Where a subsequent bill of sale is executed within Avoidance or on the expiration of seven 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 having cognizance of the case, that
399
Page 5Page 6
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