Bills of Sale Act 1879 Amendment Act 1892 (WA)

Naextern auotratia.

ANNO QUINQUAGESIMO QUINTO

VICTORIA: BEGINS

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No. VII.

AN ACT to amend " The Bills of Sale Act, 1879," and to extend the Security on future and after acquired Property.

[Assented to, 46th February, 1g92.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by

Preamble.

and with the advice and consent of the Legislative Council Parliament assembled, and by the authority of the same, as follows :-

1. THE Fourteenth section of " The Bills of Sale Act, 1879," Repeal of 14 sec. of

hereinafter called the Principal Act, is hereby repealed, and the	43 Viet., 19.
following words substituted in lieu thereof:-

" A Judge of the Supreme Court, on the application of the Time for registration to be extended, and

" grantee and on being satisfied on evidence, by affidavit	omissions, &c.,
" or otherwise, that the omission to register a Bill of Sale	Register rectified, in
certain eases.
" or an affidavit of renewal thereof, within the prescribed " time, was not due to any neglect or default of the " grantee, or that the omission or misstatement of the name, " residence, or occupation of any person in any Bill of Sale or " affidavit of renewal thereof was accidental or due to

55" VICTORIX, No. 7.

Bills of Sale Act, 1879, Amendment Act, 1892.

" inadvertence, shall extend the time for such registration

" on such terms and conditions (if ally) as to security, notice " by advertisement or otherwise, or as to any other matter as " he may think fit to direct, and shall order such omission or " misstatement to be rectified by the insertion in the register " of the true name, residence, or occupation."

NO .affidavit to be filed or used under this Act or the whatever appearing therein, unless such irregularity shall, in the opinion of a Judge of the Supreme Court, directly affect the sub- stance of the affidavit.

2.

Affidavits not to be

affected by irregu-	Principal Act shall be rendered void or affected by any irregularity
larities.

Attestation of a Bill 3. THE execution of every Bill of Sale by the grantor shall be

of Sale. Repeal of

attested by one or more credible witness or witnesses, not being a

sub-section 1 of sec-

tion 10 of "The Bills

party or parties thereto. Sub-section one of section ten of "The

of Sale Act, 1879."

Bills of Sale Act, 1879," relating to the attestation of a Bill of Sale

is hereby repealed.

4.      NOTHING in this Act or the Principal Act shall apply to

Acts not to apply to

debentures of incor-

any debenture issued by any mortgage, loan, or other incorporated

porated Company.

company and secured upon the capital stock, or goods, chattels, and

effects of such company.

Legal interest in 5.

WHENEVER by a Bill of Sale executed after the passing or assign to the grantee any " Personal Chattels " within the meaning of the Principal Act, not in existence at the time of the

future and after ac-	of this Act the grantor thereof shall purport or covenant to grant
quired chattels to be
deemed to pass to
.rantee of Bill of

Sale .

making of such Bill of Sale, or which the grantor may thereafter acquire, the property and legal interest in such future or after acquired chattels shall, immediately upon the coming into existence of such chattels or on their being acquired by the grantor, be deemed to pass at law to the grantee of the Bill of Sale, subject nevertheless to the provisions thereof.

6.     THIS Act may be cited as " The Bills of Sale Act, 1879,

Short title and incor-

poration.

Amendment Act, 1892," and shall be incorporated and read with the

Principal Act.

Repeal of 3 vie., 7. THE Act No. 13, passed in the forty-sixth year of the reign

No. 13. of Her present Majesty, is hereby repealed.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD RETHER, Government Printer, Perth.