811 [ 12 of 1886. ] BILLS OF SALÉ .
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 , shall have demised to the
mortgagor as his tenant at a fair and reasonable rent.
Fixtures or
7. No fixtures or growing crops shall be deemed, under this
SaleWinterops
not be ordinance , to be separately assigned or charged by reason only
deemedassign
sepa- that they are assigned by separate words, or that power is given
co when the to sever them from the land or building to which they are affixed
Land
the passes
inby or from the land on which they grow without otherwise taking
strument. possession of or dealing with such land or building, or land, if
[*3and 13 V. bythe same instrument any leasehold interest in the land or
c. 31 , s. 7. ]
building, to which such fixtures are affixed , or in the land on
which such crops grow is also conveyed or assigned to the same
persons or person.
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 shall take place or be issued after
the commencement of this ordinance.
Bill of sale to 8. Every bill of sale shall be duly attested and shall be
less attested registered within seven clear days after the execution thereof,
and register
ed . or if it is executed in any place out of the Colony then within
[45 and 46 V. seven clear days after the time at which it would in the course
c. 43, s . 8. ] 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 .
Avoidance of
9. Where a subsequent bill of sale is executed within or on
careabills upli-
of the expiration of seven days after the execution of a prior
sale.
(41 and 42 V. unregistered bill of sale , and comprises all or any part of the
c. 31 , s. 9.] 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 hy 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 thereofcomprised in the prior bill, be absolutely
void , unless it is proved to the satisfaction 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.
Morle of 10. A bill of sale shall be attested and registered under this
registering ordinance in the following manner :
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