the-ordinances-of-the-legislative-counci-1890 — Page 699

ORDINANCE No. 10 of 1864. 663


Bills of Sale.


No. 10 of 1864.

An Ordinance for preventing Frauds upon Creditors by Secret Bills of Title.
Sale of Personal Chattels .

[ 5th September, 1864. ]
HEREAS it is expedient that the several matters embraced by Ordinance No. 5 Preamble.
WH of 1856 should be provided for by separate and distinct Ordinances : Be it
enacted by His Excellency the Governor of Hongkong with the advice of the Legislative
Council thereof, as follows :

1. So much of section 2 of Ordinance No. 5 of 1856 as relates to the Imperial Part of section 2
of Ordinance No.
5 of 1856 re
Enactment entitled " An Act for preventing Frauds upon Creditors by Secret Bills of pealed.
Sale of personal Chattels " shall be repealed, except as to the proceedings which may
have been taken thereunder before the passing of this Ordinance.

2. Every bill of sale of personal chattels made after the passing of this Ordinance, Bills of sale to be
void unless the
either absolutely or conditionally, or subject or not subject to any trusts, and whereby same or a copy
thereof be filed
within twenty
the grantee or holder shall have power, either with or without notice, and either imme one days.
diately after the making of such bill of sale, or at any future time, to seize or take
possession of any property and effects comprised in or made subject to such bill of sale,
and every schedule or inventory which shall be thereto annexed or therein referred to,
or a true copy thereof and of every attestation of the execution thereof shall together
with an affidavit, affirmation or declaration of the time of such bill of sale being made
or given and a description of the residence and occupation of the person making or
giving the same, or , in case the same shall be 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 shall have issued, and of every attesting witness to
such bill of sale, be filed with the Registrar of the Supreme Court within twenty- one
days after the making or giving of such bill of sale, otherwise such bill of sale shall, as
against all assignees of the estate and effects of the person whose goods or any of them
are comprised in such bill of sale under the laws relating to bankruptcy, or under any
assignment for the benefit of the creditors of such person, and as against all sheriffs
officers and other persons seizing any property or effects comprised in such bill of sale
in the execution of any process of any Court of Law or Equity authorizing the seizure
of the goods of the person by whom or of whose goods such bill of sale shall have been
made, and against every person on whose behalf such process shall have been issued ,
be null and void to all intents and purposes whatsoever, so far as regards the property
in or right to the possession of any personal chattels comprised in such bill of sale
which at or after the time of such bankruptcy or of the execution by the debtor of such
assignment for the benefit of his creditors or of executing such process (as the case
may be), and after the expiration of the said period of twenty-one days, shall be in the
possession or apparent possession of the person making such bill of sale, or of any
person against whom the process shall have issued under or in the execution of which
such bill of sale shall have been made or given as the case may be.