Bills of Sale Act 1885 (SA)

ANNO QUADRAGESIMO OCTAVO ET QUADRAGESIMO

N O N 0

No. 364.

An Act to consolidatc and amend the Laws relating to Bills of Sale of Personal Chattels, Liens on Wool, and Mortgages of Sheep, Cattle and

Horses.

[Assented t o, December n t h, 1885 ]

HEREAS it is desirable to consolidate and amend the law Preamble

wool, mortgages of sheep, cattle, and horses, and for other	W relating to bills of sale of personal chattels and of liens on
purposes-Be it therefore Enacted by the Governor of the P~ovince of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

8-364

1, This Act may be cited as " The Bills of Sale Act, 1885." Short title.

2, This Act shall come into operation on the first day of January, commence men to^ Act and to extend to

one thousand cight hundred and eighty-six, and apply to every bill

sale.

of sale, whether absolute or conditional, executed after the coming

into operation of this Act.

3, Ih this Act the following words shall have the meanings in Interpretationof

this section assigned to them unless there be something in the

subject or context repugnant to such construction-

Grantor" shall mean the person giving the bill of sale, or in &antor.

the case of an agreement for the hire of personal chattels the person hiring the same, and shall include his or her executors, administrators, and assigns:

Grantee "

2 48" & 49O VICTORIfi, No. 364.

The Bills of Sule Act.-1885.

Grantee. Grantee " shall mean the person to whom such bill of sale is given, and in the case of an agreement for thc hire of personal chattels the owner or person lending the same, and shall include his or her executors, administrators, or

assign S :

Registrar.	" Registrar " shall mean the Registrar-General and every acting Registrar-General and Deputy Registrar appointed under the provisions of an Ordinance, No. 8 of 1841, intituled "An Act to provide for the Registration of Deeds, Wills, Judgments, Conveyances, and other Instruments," and shall include the Deputy Registrar appointed under the provisions of the Northern Territory Registration Act, No. 135, 1879 :
Regietxy.	" Registry " shall mean the General Registry Office, at Adelaide, established under the said Ordinance, &o. 8, 1841, and the branch registration office, established at Palmerston, in the Northern Territory, under the said Act, No. 135, 1879:
Bill of sale.	'' Bill of sale" shall include bills of sale, assignments, transfers, declarations of trust without transfer, or marriage settlements, whether be£ ore or after marriage, inventories of goods, with receipt thereto attached, or receipts for purchase-money S of goods 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, and also any agreement, whether intended or not to bc followed by the exe- cution of any other instrument by which a right in equity to any personal chattels, or to any charge or security thereon shall be conferred, and every document whereby a power of distress is given, or agreed to be given, by way of security for any guarantee or any debt advance, whether present, past, or future, or whereby any rent is reserved for the purpose of such security only, and, unless there be something in the context

to denote a contrary intention, i t shall include cvery

agreement for the hire of personal chattels, with or with-	out right of purchase, whereby the grantee shall reserve	to himself the right of ownership, or any right of scizure,
either wholly or conditionally, but shall not include the following documents :-Assignments for the benefit of creditors made pursuant to any statutory provision, any lease or tenancy of any land or hereditaments reserving the paymenz of rent and a power to distrain for which is implied by law, transfer or assignments of any ship or vessel, or any share thereof, transfers of goods ill the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, warehousekeepers' certificates, dock warrants, warrants, or orders for the delivery of goods, or any other documents used in the ordinary course of business, as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possession of such document, to transfer or receive goods thereby represented: Personal

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The Bills of Sale Act.-1885.

' Personal chattels " shall mean horses, cattle, sheep, furniture, person& C ~ B W.

goods chattels, and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fix- tures or growing crops; but shall not include chattel in- terests in real estate, nor fixtures (except trade machinery, as hereinafter defined), when assigned together with a free- hold or leasehold interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow, nor debentures, shares, or interests in the stock, funds, or secu- rities of any government, or in the capital or property of any loan, mortgage, or incorporated or joint-stock company, nor choscs in action:

Apparent possession ": Personal chattels shall be deemed to be Apparent possession.

in the apparent possession of the grantor so long as they remain or are in or upoil any land or messuage occupied by him, or are used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken by or given to any other person:

"Advance " shall include as well an advance of money by the Advance.

grantee to the grantor as the sale of any goods or property upon credit, or any bill of exchange, promissory note, or guarantee, or any other matter or thing advanced, made, or given to the grantee by the grantor on the security of any such bill of sale:

Prescribed" means prescribed by rules made under the pro- Preacribed.

visions of this Act.

" Trade machinery " shall, for the purposes of this Act, be deemed Trade machinery,

to be personal chattels, and mean the machinery used h or

attached to any factory or workshop, exclusive of-

1st. The fixed motive powers, such as thc water wheels, steam

the boilers and other fixed appurtenances of the said	engines and donkey engines, gas enginea, together with
motive powers; and

2nd. The fixed power on machinery, such as the shafts, wheels, drums, and their fixed appurtenances, which transmit the action of the motive powers to the other machinery fixed arid loose; and

3rd. The pipes for steam, gas, and water in the factory or

workshop.

No fixturcs or growing crops shall be deemed to be separateljassigned "ixturea and cmpa not to be deemed

or charged by reason only that they are assigned by separate words, separately -igned

or that power is given to sever them from the land or building to whenhndpa8sesby	the same instrument
which they are affixed, or from the land on which they grow, if by the same instrument any freehold or 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, mortgaged, or assigned to the same persons or person. 4, The

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The Bills of $ale Act.-1885.

Subject-matter of

Act. 4. The subject-matter of this Act shall be divided into the fob

lowing parts-

PART I.-Branch Office:

PART 11.-Form of Bills of Sale and the Contents thereof:

PART 111.-Registration of Bills of Sale and other dealings;

PART rv.-Disposition of Personal Chattels in Case of Insol-

vency or Illistress:

PART v .-Miscellaneous.

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PART I.

BRANCH OFFICE.

Branch office at

Palmereton.	5. I t shall be lawful for the Governor, Ly Proclamation in the Government Gazette, to establish ut Palmers ton, in the B orthern Territory, a public office for the registration of bills of' sale, and such office shall be deemed to be a branch of the General Registry
Office, at Adelaide; and until any such Proclanlation shall have
been issued thc branch registration office established under the said Act, No. 135, 1879, shall bc the branch office, at Palnlerston, for the registration of bills of sale under the provisions hereof.
Deputy Regietrar to
act at branch office.	6. The bmnch office shall ha presided ovcr by a Deputy Regis- trar, to be appointed hy the Governol., and such Deputy Registrar shall, in the branch office, exercise ancl execute, in relation to the registration of bills of sale, the like Dowers and duties as are exercised and executed by the ~ e ~ i s t r d r - ~ e n e r a l in the General Registry Office, at Adelaide; and, until such appointment, the Deputy Registrar appointed under the said Act, No. 135, 1879, shall continue to act as the Deputy Registrar of the said branch office, at Palmerston.

Oath of Deputy 7. An oath of office, similar to that providedfor by section 11.

Registrar, of the said Act, No. 8, 1841, may be taken by such Ileputy Regis- trar before the Government Resident of the Northern Territory, or any Special Magistrate there, who are hereby empowered to administer the same.

PART 11.

FORM OF BILLS OF SALE AND THE CONTENTS

THEREOF.

Fom of bill of d e. 8. Every bill of sale shall be executed in duplicate, and may be in the form of the First Schedule hereto, or as near thereto as the circumstances will permit, and no bill of sale shall be invalid for any variance therefrom in form only.

~ i i of sale to have 9, Every bill of sale, when registered, shall have the effect of

" ' dd and be deemed and taken to be a deed duly executed by the parties who have signed the same. 10. Every

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The Bills qf Sale Act-1885.

10. Every bill of sale shall contain- PART it.

l. The Christian and surnames of the grantor and grantee, de, Content8 of bill of

and their residence and occupation: Provided that it shall be sufficient to state the k e s by which the grantor or grantee is usually known:

2. A true statement of the consideration thereof (except in t.he case of an a,greement for the hire of personal chattels); what portion (if any) of the consideration therein set forth is for an antecedent debt or contemporaneous advance:

3. If given for further advances, the amount up to which such advances are agreed to be made:

4. A description of the personal chattels comprised therein; and

in case the personal cha.ttels consist of horses, cattle, or

sheep, the brands or other distinctive marks thereof:

5. Where such personal chattels are situated at the time of the giving of such bill of sale:

6. The principal sum and interest (if any) thereby secured, and the dates or times appointed for repaynieiit thereof, or in the case of an agreement for hire, the rent reserved in such agreement, and if let with right of purchase, thc amount for which the grantor may purchase the same, and the dates appointed for payment of such rent and

purchase-money .

11. Every unpaid vendor of personal chattels comprised as after- acquired property in any bill of sale shall, notwithstanding, and in

Unpaid vendor8

protected to extent of

unpaid purchaee-

priority to any such bill of sale, have a lien as against the grantee

money.

upon such personal chattels for the unpaid purchase-money thereof: Provided that in case of any sale by the grantee of such after- acquired property before the same shall have been paid for he shall be liable to pay the net proceeds, not exceeding the unpaid balance

of such purchase-money, to the unpaid vendor, who may sue for and

recover the same as money had and received for such vendor.

1. Crops (separately assigned) growing at the time of the execution

of the bill of sale:

2. The progeny of any horses coming into existence during the

operation of any bill of sale, or of any horses, cattle, or sheep

comprised therein:

3. The wool of the then next ensuing clip of any sheep then the

property of the grantor:

shall not be deemed after-acquired property.

12, The following covenants and powers shall be implied in every Covenants to be deemed implied in

bill of sale for	the securing of any sum of money in favor of the bills of sale.
grantee, unless	negatived or modified :-

1. That the grantor shall pay to the grantee the principal and That he will P ~ Y principal and intereat

interest

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The Bills of Sale Act.--1885.

interest money secured, or intended to be secured, by such bill of sale, at the time and in manner therein provided for payment thereof:

That he will not

remove the good8 and	2. That the grantor shall not, witliout the consent in writing of the grantee, sell, exchange, or fraudulently remove the personal chattels comprised in any such bill of sale from the premises mentioned therein, and will at all times keep such personal chattels in good order and condition:
chatteb.
That he will not
suffer the goods to be	3. That the grantor shall not suffer the personal chattels com- prised in any such bill of sale to be distrained for any rent, rates, or taxes, nor suffer any execution to be levied against his goods and chattels, nor suffer himself to be taken in execution or become insolvent, or make any statutory assign- ment for the benefit of his creditors:
taken in execution.
To produce receipts	4. That the grantor will produce to the grantee, upon demand,

for rent, &c.

the last receipt for all rent, rates, and taxes in respect of the

premises wherein the personal chattels shall be:

To enter and view

the goods, Cc. 5. That the grantee may, by himself or his agents, at all reasonable times, enter upon such of the grantor's premises whereon the personal chattels are kept, and view the state and condition of such personal chattels, and that the grantor will show

forth and produce to the grantcc all and singular the

personal chattels comprised in such bill of sale, and permit

thc grantee to take an inventory thereof:

Power of sale in case

of default. 6. That if the grantor shall make default in the payment of the principal or interest money thereby secured at the time pro- vided for payment thereof, or in the observance or per- formance of any one of the covenants, terms, c~ndit~ions, or agreements, whether expressed or implied? in such bill of sale, it shall. be lawful for the grantee forthwith, without any further consent or concurrence on the past of the said grantor, to enter into and upon the land, messuage, or

are, or into or upon any other land, inessuage, or tene-

tenement whereon the said personal chattels ass~gned

ment on or in which such personal chattels, or any other personal chattels comprised and included in such bill of sale respectively, may be, and for I hat purpose to open or remove any outer or inner gate, door, hstening, or other obstruction, without liability to any action of trespass, or other proceeding for so doing; but with liberty to plead the

lewe and licence thereby given in bar to any such action or

proceeding, if any such be brought or instituted, and to seize and take possession of all such personal chattels, and so soon thereafter as the grantee may lawfully do so, to remove or carry away such chattels and premises to any other place or places for safety, convenience of sale, or otherwise, or suffer

them to remain in the place or places where the same may be found, and then to sell and dispose of such chattels and

premises, or any of them, either together or in parcels, at

such

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The Bills qf Sale Act+-1885.

--U

PART JI.

such time or times, and place or places, and either by public auction or private contract, or partly by public auction and partly by private contract, to any pdrson or persons, for such price or prices, either for cash or on credit, or partly for cash and partly on credit. and if either wholly or partly on credit, giving such time or times for payment, and taking or foregoing any security or securities for the payment of the unpaid purchase-money as the said grantee may deem proper or expedient, with power for him to make any such other terms and conditions in

regard to such sale or sales as he may think proper, and

also to buy in all or any of the said chattels and premises at any such sale or sales by auction, and rescind or vary any contract for sale thereof, and again to resell or offer for resale, the same from time to time, without being answerable or

accountable for any loss, diminution in price, costs, or expenses

to be occasioned by any such actual or attempted resale:

'7. That it shall be lawful for the said grantee, upon or after T O ~ X B C U ~ aeedsfor

any such sale as aforesaid, to make, rnter into, and sign, ftz$t,Of	Eam~ing
and exccute all such contracts, agreements, deeds, in- struments, and writings as may be newsssry or expc- rlient for the pnrpow of making and effectuating any such sale, and which shall be ale binding and conclusive upon and against the said grantor as if he or they had joined therein, or asscntecl thereto. -4nd also that the receipt or receipts in writing of the sa id grantee for all purchase- money or other property which shall be paid or delivered to him or them under or by virtue of these presents, shall be a good and sufficicnt discharge or good and sufficicnt discharges to a11 purchasers or other persons pay- ing or delivering the same, and such purchaser or other persons shall not be required to see to the application, or be answerable for the misapplication or nonapplication
priety or expediency of any such sale or resale:	thereof, or be bound or concerned to inquire into the pro-

8. That the said grantee shall stand possessed of the moneys ~ur~ham-moneyto be

which shall come to his or their hands by reason of any ~~$:~&,~tiofaCtiOn

such sale or sales, upon trust in the first place, to discharge

the costs and expenses illcurred or sustained in or about

such sale or sales, and all other costs, charges, and expenses

incurred or occasioned in or about the execution of the

powers and authorities contained in the bill of sale, and then

to retain the balancc of such moneys, or so much thereof as

may be necessary, in or towards payment and satisfaction of

all moneys due and owing to him upon the security of such

bill of sale, and the surplus then remaining to pay to the

said grantor:

9. And where the security is on the wool of any sheep the folr Grantee may shear

lowing further covenknt shall be implied in favor of the hit. sheep in owe of de-

grantee :-That, if the grantor shall fail or neglect to shear

the

48" & 49' VICTORIAZ, No. 364. - .-

The Bills of Sale Act.-1885.

the said wool in a proper manner, and at a seasonable time, it shall be lawful for the grantee, with shearers, workmen, and others, to enter the grantor's lands and premises, and to take possession of the sheep whose wool shall be assigned by such bill of sale, and to remain upon the grantor's lands and premises for such time as may be necessary, and at his costs and expenses to shear the said sheep, and to pack, cart, remove, and sell the said wool; and that the grantee shall not be responsible to the grantor for any injury done to such sheep whilst the same are being shorn.

Abbreviated form of

word " ineure."

13. The words "That the grantor will insure " in any bill

of sale shall imply-That the grantor will, so long as any money shall remain due from him to the grantee, keep insured in some public insurance office, to be approved of by the grantee,

against loss or damage by fire the personal chattels comprised in

such bill of sale to the full amount then due thereon, and will hand over to the grantee the policy of such insurance and produce to him the receipts for the annual or other periodical premiums payable on account thereof, and that all moneys payable by virtue of such insurance shall be received by the grantee towards satisfaction of the moneys due on such security. Provided also that if default shall be made by the grantor in effcctuating such insuraace, i t shall be lawful for but not obligatory ~ ~ y o ~ r the grantee (without prejudice to any other remedy) to insure the said personal chattels, and the money paid on account of such insurance shall be a charge on the said personal chattels.

Bill of sale to be

atteeted by witneae.	14. The execution of a bill of sale, or any transfer, renewal, or discha'rge, shall be attegted by one or more credible witnesses, not being a party thereto.
Execution may be
proved by statutory
declaration.	1.5. The execution of any bill of sale, or of any transfer, renewal, or discharge thereof may be proved before any R,egistrar, Justice of the
witnesses thereto, which declaration shall be in the form of the Second Peace, or Notary Public, by the declaration of onc of the attesting Schedule hereto, or as near thereto as circumstances may require, and shall be taken in all courts of law as prim4 fncie evidence of the due execution of such bill of sale, transfer, renewal, or discharge.

..-

PART 111.

PART 111.

REGISTRATION O F BILLS OF SALE AND OTHER

Bill of sale to be	DEALINGS.
re istared at registry

odce, Adelaide. 18. All bills of sale (except such as are next hereinafter directed

to be registered in the bratlch registry office, at Palmerston), and

E X C ~ P ~ when executed every subsequeht dealing capable of being registered shall be

in the ~ ~ r t h e m	registered in the General Registry, at Adelaide; and all bills of
Territory,	sale given or executed by any party thereto in respect of personal chattels in the Northern Territory, and every subsequent dealing with such bill of sale, and capable of registration, shall be registered in. the said branch office, at Palmerston. 17. Upon

48" & 49O VICTORIE, No. 364. 9

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- p-.- -. - -. . --V--

The Bills of' Sale Act.-1885.

17. Upon the registration of every bill of sale at the said branch P A ~ T 11s.

office. at Palmerston, a copy thereof, for transrriission to the General c,,, of bills of a l e

IXettegikry Office, at ' ~ d e k i d e, shall be lodged with the Deputy; $ ~ ~; ~ ~ ~ ~ ~; ;

Registrar, mlio ~hidl, at the end of every month, or so soon thereafter to General Rcgistry

as ;hall br practicable, forward the same with a copy of its registra- Ofice*

tion to the Registrar, at Adelaide, to be filed, preserved, and kept

open f o ~ public inspection.

from the making thereof; and no bill of sale shall thereafter be registered. 18, Every bill of sale shall be registered within fourteeu days Bill of sale to be ,

capable of registration.

19, All bills of sale shall br registcrcd in the order of time TO be registed in the order of pro-

in which the same are produced for that pu~posc, and shall, in respcct ductioo.

to the personal chattcls comprisecl therein, be entitled to priority

according to the datc of rcgistrntion.

he lodged with the Registrar in duplicate, who shall endorse upon be registered. 20. For the purpose: of such registration every bill of sale shall &ills of salt., how to

each copy thereof a certificate of registration, stating the consecutive

registration number of such bill of salt., and the day and hour of

the production thereof for registration, and such certificate shall be

in the form of the 'l'hird Schedul~ hcrcof, and h(:: authcnticatcd by

thc scal and signature of tllc Registrar, and the original shall be fileil	,
in the registry, and thc duplicate bc dclivcrcd to thc person entitled thereto, arid the 1)roductioir of such duplicate, with such ccrtificatc dulv cndorsed thewon, shall be p i m t i Jack evidcncc. of the clue re$stration of such bill of sale.

21, A trmsfcr or assignineilt of ;L registered bill of sale inay be ~ o r m of transfer of

bill of bale ~ u d regia-

madc by endorscnlcnt in the form of the Fifth Schedule hereto, ,,,,ion	thereof.
and the assignee may produce thc same to the Registrw for regis-
tration, who shall tllereupon enter on the copy filed by him in the registry the name of such assignee, and thc datc and hour of such	registration, and authenticate the same by his seal and signature,	and thereupon the assignee slid1 be deemed to be the registered
owner of such bill of sale.

sccurcd by a bill of sale may be cffected by endorsing upon the dupli- extended. 22, An extension of the time for the rcpayrnent of the moneys Bin of sale may be

cate of the hill of sale the word " Extendcd," signrd by the g.rantor and grantee, and duly utt ested in the manner provided by section 14 hcrcof, which shall mean a further extension fbr the period of one yew, :md upon thc tctrms in such Id1 of salt? contained; or if such extension is for any other period or upon any other terms, such further words may be added as the circumstances may require. And the Registrar upon receiving such extension for registration, shall enter particulars thereof on the copy f i l e u y him, and the date and hour of the production thereof, and authenticate such registration by his scal and signaturc.

13-364. 23. A

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The Bills of Sale Act.-1885.

PART I ~ I. 23. A bill of sale may be discharged, or partly discharged, by a

Bill of sale. how	rcccipt endorsed on such bill of sale in the f o m in the Fourth Schedule
discharged:	here&, and thc Registrar, if requircd so to do, shall register such dis- charge by cntering the samo upon the bill of sale filed in the registry, together with the: &ate and hour of such entry, and authenticate such registration as aforesaid; and thereupon the personal chattels comprised in any such bill of sale shall be dis- charged from the pnymcnt of the principal and iirterest to the extent of any such receipt, and if such discharge shall be for the whole of the money thereby secured, the duplicate bill of sale shall be retained by the Registrar to be filed in the registry.
Discharge may Be

endorsed on original 24. If any person shall prove to the mtisfaction of the Registrar

filed in regists.

that any duplicate bill of sale has been lost, he may permit any such

receipt to be endorsed on the bill of sale filed in the registry.

Index to be kept by

ltegistrar.

25. The Kegistrar shall keep an alphabetical index of the names of every grantor and grantee named in such bill of sale, together with the reference to the registrations.

Omissions and errors

in the registry may 26, The Registrar, upon being satisfied that any omission or error

be corrected.	has occurred in any bill uf sale, transfcr, renewal, or discharge, or in the registration th&of, may summon the grant ce or gmntor,uor other holder of such bill of sale, transfer, renewal, or discharge, to attend before him, at such time and place as he shall direct, to show cause why such error or omission should not be corrected, and in case such grantee or grantor shall not attend, or if he shall attend, and the Registrar shall be satisfied that such error or omission ought to be corrected, then the Registrar shall (unless prohibited by the Supreme Court, or a Judge thereof) proceed to make such correction
accordingly .
In case of variance,
copy in registry to	27, Whenever there shall be any dif5ercncc or variation between the duplicate copy, the copy filed in the registry shall prevail.
prevail.	the contents of any bill of sale filed in the registry office and

Search allowcd. 28, @very person shall have access to any bill of salg filed in the registry, for the purpose of inspection, during the hours and upon the days appointed for search.

PABT m. PART IV.

DISPOSITION OF CHATTELS I N CASE OF INSOLVENCY

OR DISTRESS.

Bills of sale ~ ~ n t ~ ? ~ r y 29. Every bill of sale which shall not contain thc particulars

to of this Act set forth in the twentieth section hereof, or shall not be registered,

to be void against

trusteesininaolvency, or of which the registration shall not be renewed within the time

t c.

hereinbefore provided, shall be void, as against-

( a ) The trustees in insolvency of the grantor:

( h ) The

4 8 O & 49O VICTORILE, No. 364.

The Bills of Xale Act.-1885.

( b ) The trustees of the estate of such grantor under any statutory

assignment for the benefit of 111s creditors:

( c ) Judgment creditors:

((l) All sheriffs' officers ancl othrr persons seizing any personal c'hztttels comprised in soch bill of salc in the execution of the process of any court:

so far as regards the property in or right to the possession of any chattels conip~ised in such bill of sale which at or after the time or filing the petition for insolvency, or of the execution of such nssign- ment, or of executing such process (as the case may be), and after the expiration of such period allowed for registratiou or renewal, are in the posscssioil, or nl)p:wnt possrssion, of the pcrson making such bill of snlr..

30. Prwonal chattols amprisrd in any bill of salc given for any	Personal chattels,
when protected

antecedent debt, which has hccn duly registered for ninety days	against insolvenry.
prior to any petition for adjudication of insolvency against the grantor, or any rriccting of creditors, convened pursuant to any statute antecedent to the execution by the grantor of a stntatory deed of assignment, for thr benefit of creditors, and all personal chattels comprised in any agreement for the hire of such pcrsonal chattels, and which shall not haw heen paid for by the grantor, and all personal chattels compriscd in any bill of sale, the wholc of the consideration for which shall be n contemporaneous advaner to the grantor at the timrl of the cxecutioil of such bill of salc, shall not be deemed to be in the posscssion, order, or disposition of the grantor of the bill of sale at the time of the filing of such petition, or meeting.
31. Every grantw shall, so fhr as any bill of sale may be partly for an antecedent ilcbt, and partly for a contemporaneous or further	Bills of sale given partly fnr contem-
poraneous or further
advnncr (without prejudice to any right acquircd after the e~pirix-	ndvanoc, to be only
tion of thc period of ninety days rcfcrcd to in the prccediug	partly secured in case

scetion), be entitled to a lien on the personal chattels of any grantor of inaolv~nv y .

cornpriscd in such bill of sdc su1,ject to section 11 hereof, and which may be in the g~antor's possession, order, or disposition, at the timr of the filing of such petition, or meeting, to the extent of the money actually advanced at the time of or subsequently to the

making of such bill of sale.

32. A bill of sale shall not protect the personal chattels therein Rates may be levied

compriscd against any distr PSS for any rates or taxes payablc by the in hiill of slllo.	on goods comprid
owner or occupier of any land undcr any Act of Yarliamcnt.

33. No distress of any rent made and levied upon any personal Dintress nut b.

levied against goods

chattels comprised in any dulv registered bill of sale shall be avail- in bill or .,l, .X,,,

able except for four weeks' rent where the tenement is let by the week;	a limited ~ m 0. n ~ -
for two terms of payment (but not exceeding three months) whcrc.
the tenement is lct for more than one week but not more than

six

12 48" 49' VICTORIAZ, No. 364.

The Bills qf Sale Act.-lS85.

PAET xv.

-,	six months; and for twelve months' rent where the tenement is let for any longcr term, unless the landlord shall pay off the sum of money owing on such bill of sale.
Trustee in ineolvenc~

may apply to be 34, Upon thc grantee of any bill of sale becoming insvlverlt or

registered as owner

making any statutory assignment as aforesaid, the Registrar, upon

of bill of mle.

application in writing by the Official Itecciver or trustec, accompanied by the duplicate bill of sale, and an office copy of the appointment of such trustee, or the production of such assignment, shall enter on' the bill of sale filed in the registry, and also on the duplicate bill of sale, a memorandum of such appointmcnt and thc hour and datc of such entry? ailcl authenticate such entrv by his seal and signature; and upon such entry bcing made, 'such Rcceiver or trustee shall bc dcenlcd to bc the ~-egistewd proprietor of' such bill of salc. But if such assigr~riierit shall be declared fraudulent and void according to law, the Registrar, upon being certified thereof by any order undcr thc hand and seal of thc Comrnissioncr of 1nsolvenc~-, or any magistrate of a Local Court of Insolvency, and of thc appointmcnt of trustees in insolvency, shall notify thc same upon the bill of sale filed in the registry; and thcrcupon such trustee, or in case them shall he no trustre appointed, the Official Receiver in such order mentioned shall be deemed to bc such pro- prietor.

PART v. PART V.

MISCELLANEOUS PROVISIONS.

Implied covenants 35, Every covenant and power implied in any bill of sale may

may be modified. be negatived or modified by cxpress declaration therein.

seal of Registrar. 363. The seal of the Registrar-General appointed and acting as

Registrar-General undcr the provision S of the Real Property Act,

1861, shall be the seal of every Registrar under this Act.

Fees to be taken by 37, It shall be lawful for the Rcgistz'az' to demand and receive

Hegistrar.	such fees as shtll be appointed by the Governor, not in any case ex- ceediug the several fees set forth in the Sixth Schedule hereof, to be accounted for by him and paid into the public treasury of the said province.
Solicitors and brokers

only to recover fees. 38. No practitioner of the Suprernc Court or licensed land

brokers shall recover any fees for preparing any document under

this Act other than those set forth in the Seventh Schedule hereto.

G ~ not to be sold S 39. No personal chattels, except such as may be of a perish-

tmtil five d ~ p e after

seizure. able nature, which shall be seized upon any lands or premises upon or in which the same shall have been put or placed by the grantor with the grantee's permission, shall be removed or sold until five days after such seizure, unless the grantor shall have paid all rent which may accrue due before the expiration of such five days.

40. Any

48" & 49" VICTORIR, No. 364.

The Bills qf Sale Act.--1885.

40, Any person who shall conceal, sell, pawn, kill, or destroy Fraudulently dis-

auy personal chattels comprised in any bill of sale, with intent to	misdemeanor.
posing of goode to be
deprive the grantee of his security, shall be guilty of a misdemeanor, and be liable to imprisonmeut, with or without hard labor, for a term not exceeding two years.

41. Any person guilty of making a false declaration concerning Fdse declaration to

any matter or procedure to be done in pursuance of this Act,

be perjury.

shall be guilty of perjury, and liable to imprisonment not exceeding

two years.

42. The Governor may make such necessary regulations, not in- Governor may make ,

consistent with this Act, as may be desirable for the convenient	regulations,
administration and the objects and purposcs thcrcof.

43. All regulations shall be published in the Govergzment Gazette, Itegulations to be

and within fourteen days after making thereof shall be laid before published.

both Houses of Parliament, if then sitting; and if Parliament be

not then sitting, then within fburteen days after the beginning of

thc next session thereof, and shall have the forcc of law from the

date of such publication.

44. The several Acts mentioned in the Eighth Schedule hereto ns.81

are hereby repealed to the extent set forth in the last column of such

Schedule; but this repeal shall not affect-

I. Anything done or suffered under any enactment hereby re-

pealed: nor

11. Any right, privilege, power, obligation, or liability acquired,

accrued, or incurred under any enactment hereby repealed:

nor

m. Any investigation, legal proceeding, or remedy in respect of

such right, privilege, power, obligation, liability:

And any rule, by-law, or regulation heretofore in force, where	applicable, shall continue in force until cancelled or amended under
the authority of this Act.

In the name and on behalf of Her Majcsty, I hereby assent to

this Bill.

WILIJAM C. F. ROBINSON, Governor.

SCHEDULES

48" & 49' VICTORIA, No. 364. p --

The Bills qf Sale Act.-1885.

SCHEDULES REFERREl) TO.

FIRST SCHEDULE.

Bill of Sale.

Sec. 8. I, (or we) [date the Jidl or usztal Clzristinn names of the p4antor, his pruuer

surname, nddre~s,	und occupution] in consideration of the sum of, [hare state whether
the consrde~ation	is an antecedent debt o r contenzpnmneou.r ndvarare, cmd g so, how

l r ~ w h t/~ereof, and for,furthw ctrl~mzrc.~, f h p cstertt qf' sur4~ jicrther arIvn~ire] lent tn

me (or us) Ly [hprr state thrfull or z c r w l Cttristian vrnnws of the ijrnnte~, his prop, .

aurnarnc, addreus,clnd occupa~ion] the receipt whereof I ( o r. we) do hereby acknowledge,

do hereby t ran~fer and assign unto [the grariteeJ all and eingular the personai chattels deseribccl at the foot hereof, which are situated [describe the land or prsmisps where the goods are situated, and in case of horses, cattle, o r bhelsp, slate /he brand or other dzstinrtive mar/c], and all my (or our) right, title, claim, and demand to the same, to hare, hold, take, and receive the said personal chattels unto [the grantee], subject to the provisos, terms, covenants, conditions, ancl agreements herein expressed or implied: Provided also, that if I shall pay to the said

[grantee] the sum of 6: on thc day of

18 , and in t e re~ t thereon, or on so much as may be clue in rcspeot thereof, at the

rate of per centurn per annurn, payable in payments on

during this security then these present8 shall become void.

[Herein insert any other necessary condition.]

And i t is agreed that, upon payment of the moneys hereby securcd, the said grantee will, at my cost and my request, execute a discharge to me (or us) of this security, and that it shall be lawful for me (or us) to retain posaessiori of the said personal chattels until default shall be made in the expressed or implied terms, covenants, conditions, and agreements of this security. In witness whereof the said parties hereto have hereunto subscribed their names the

day of 188.

Signed by the said [gmntorl in thc \

presencc of

Personal Chattels comprised in this Rill of Saic,

[Here give a szlflcient descr+tion of the personal chattels to be aasigmd,]

SECOND SCHEDULE.

Sec. lh. 1, N. B. [here slczte addreas and occupation], the person whose name appears as the attesting witness to the above bill of sale for transfer, or discharge), do hereby declare that I was present and saw [grantor] sign the above instrument, and I thereupon signed my namc as attesting witness thereto.

Declared before me at

this day of 18 .

'THIRD

No.

The Bdls qf Sale Act.-1885.

Certtycato o_t'Rey.istralion to 6e endursed by Registrnr on each Bill of Sale.

No. This Bill of Sale was received into the Registry Office at Sec. 20.

this day of , 18 , at thc hour of

in the	noon, and is registered as provided by the Bills of
Sale Act, 1885.

Registrar.

Received this day of , l 8 , from the within-named sec.

, the sum of 2 , being in full /or part) satisfaction and

discharge of the within security.

Transfer v' Bill of Sale.

I, thc within-named [grantee], in consideration of the sum of

Lstate cot~sideration], paid to mc by [here state full W usual Christian names of the Sec. 21.

tranfle~ee, his proper surname, address, and occtrpation], do hereby transfer and assign to him the personal goods and chattels comprised in the within-written security, subject to the terms, p!ovisos, conditions, and agreements therein expressed or implied; and also the principal and interest money thereby secured, and all claims, demands: powers, rights, lxivileges, and authorities thereby conferred upon or vested in me, together with the said bill of sale. In witness whereof I have hereunto

subscribed my name, this day of , 18 .

Signed bp the said, &c.

SIXTH SCHEDULE,

Feps Payable to the Registrar for the Perfornwzces of tlze seveml acts, *matters,

and thitags set forth in this Act. a. d

Lodging notice to register bill of sale .............................. 0	1 U Sec. 37.
For lodging a caveat ............................................ 0	5 O
For registering any bill of salc or agreement for the hire of persnnttl

chattels when the consideration thercof shall be under $20 .. .. .. . O 5 o

When the consideration shall not exceed £200 ...................... 0 10 0

When the consideration shall exceed 2 2 0 0. . ........................ 1 0 O

For registering the discharge or the transmission or transfer of any bill of

salc, half of the fees payable for the registration of a bill of sale.

For every search.. .............................................. 0 2 6

For registering any document not hereinbefore provided for. ........... 0 5 0

SEVENTH

No.

The Bills of Bale Act.-1885:

SEVESTH SCHEDULE.

Fees Payable to P?+actitioners of S~preme Court or Licensed Land .Brokers.

£ S. d.

For every bill of ale, in duplicate, when the consideration thorcof shall

notexceed250 ............................................ 0 10 6

When the consideration exceeds £50 .............................. 1 1 0

For erwy folio beyond the first ten folios .......................... 0 2 0

Or, if printed or partly printed, then beyond the first ten folios, per folio..	O	0	G
For copying or engrossing schedules (if such bill of sale exceeds ten folios),

per folio .................................................. 0 L O

For every transfer, trammission, or discharge of any bill of sale, half of

the charges payable for a bill of sale.

The above charges shall include all manner of attendances, searches, and letters in connection with the documents referred to, unless an agree- ment in writing setting forth the extra charges agreed to be paid shall have been signed by the person to be charged.

EIGHTH SCHEDULE.

No. of Act. Extent of Repeal.

Sec. 44.

-

NO. 4, 1856-6. An Act to give a preferable lien on wool from season to season, make mortgages of sheep, cattle, and horses valid without dc- livery to the mortgagee. The wholc.

No. 8, 1841. An Act to provide for the registrs- So much of Section XXYIII. and Schedules

tion of deeds, wills, judgments,

E and F i k Y refers to the registration of

vonveyauces, and othor instru-

ally assignment or bill of sale of goods

ments.

and ct~attols, or the taking possession

thereof.

No. 12, 1843. ' An Act to amend an Act for the SO much of the Section III. as refers to

registration of deeds, wills,	the mode and procedure necessary to
judgments, and other instru-	enter on the r~gistry a certiticate or
ments.	other memorandum of satisfaction of any assignment or bill of d e of goods and chattels.

No. 2, 1866. An Act to repeal thc Registration So much of Section 3 as refers to the

m d Deposit of Assurances Act, registration of assignments, or bills of

and for other purposes. sale of goods and chattels7 or the

taking possession thereof.

So. le, 1860. I The Insohent Act, 1860. So much of Sections 82 and 93 as may be applicable to any goods and chattels

I	which shall hereafter be comprised in any bill of sale duly registered under the provisions of this Act (Bills of Sale Act, 1885), and which may be in the possession, apparent possession, order, or disposition of any insolvent, and so much as refers to any purchase or security, preferable lien, mortgage, or hill of eale duly perfected under thu
sr~id Act, No 4 of 1855-6.

Xo. 232, 1881.	The Tnsolvcncy Act, 1881.	Sections 17 and 25.
No. 136, 1879.	Thc Northern Territory Registra-	The wllolo (except so far as such repeal may affect the appointment of a Deputy Registrar and the establi&ment of a Branch Registry heretofore established under the provisions of the said Act, No. 135, 1879).

tion Act.

Adelaide: By authority, E. SPILLBR, Government Printer, North-terrace.