the-ordinances-of-the-legislative-counci-1890 — Page 700

664 ORDINANCE No. 10 of 1864.


Bills of Sale.

Defeasance or 3. If such bill of sale shall be made or given subject to any defeasance or condi
conditions of
every bill of sale tion or declaration of trust not contained in the body thereof such defeasance or con
to be written on
the same paper.
dition or declaration of trust shall, for the purposes of this Ordinance be taken as
part of such bill of sale and shall be written on the same paper on which such bill of
sale shall be written , before the time when the same or a copy thereof respectively
shall be filed , otherwise such bill of sale shall be null and void to all intents and purposes
as against the same person and as regards the same property and effects , as if such bill
of sale or a copy thereof had not been filed according to the provisions of this Ordi
nance.
Registrar to keep 4. The Registrar shall cause every bill of sale, and every such schedule and in
a book contain
ing particulars ventory as aforesaid, and every such copy filed in his said office under the provisions.
of each bill of
sale.
of this Ordinance to be numbered , and shall keep a book in his said office in which he
shall cause to be fairly entered an alphabetical list of every such bill of sale, contain
ing therein the name, addition and description 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
process as aforesaid, then the name, addition and description of the person against
whom such process shall have issued , and also of the person to whom or in whose favor
the same shall have been given, together with the number and the dates of the execution
and filing of the same, and the sum for which the same has been given , and the time
or times (if any) when the same is thereby made payable according to the form contained
in the schedule to this Ordinance, which said book and every bill of sale or copy thereof
filed in the said office may be searched and viewed by all persons at all reasonable times
paying to the Registrar for every search against one person the sum of fifty cents and
no more.
A fee of one 5. A fee of one dollar shall be paid for filing and entering every such bill of sale,
dollar for filing
bill of sale and and the Registrar shall account therefor in like manner as is now done with respect to
Registrar to ac
count for the
same. other fees received by him by virtue of his said office.
Office copies or 6. Any person shall be entitled to have an office copy or an extract of every bill of
extracts to be
given on paying sale or of the copy thereof filed as aforesaid, upon paying for the same at the like rate
as for copies of
judgment.
as for office copies of judgments .
Satisfaction may 7. It shall be lawful for the Chief Justice to order a memorandum of satisfaction
be entered .
to be written upon any bill of sale or copy thereof respectively as aforesaid, if it shall
appear to him that the debt (if any) for which such bill of sale is given as security
shall have been satisfied or discharged .
Interpretation of 8. In construing this Ordinance the following words and expressions shall have
termis.
the meanings hereby assigned to them, unless there be something in the subject or
context repugnant to such constructions ; (that is to say) the expression " Bill of Sale"
shall include bills of sale, assignments , transfers , declaration of trust without transfer
and other assurances of personal chattels , and also powers of attorney, authorities or
licences to take possession of personal chattels as security for any debt, but shall not
include the following documents, that is to say, assignments for the benefit of the
creditors of the person making or giving the same, marriage settlements, transfers, or