Bills of Sale Act 1886 (SA)

ANNO. QUADRAGESIMO NON0 ET QUINQUAGESIMO

No. 389.

An Act to repeal an Act, No. 364, intituled "The Bills

of Sale Act, 1885," and for other purposes.

[Assented to, November rp%, 1886.1

REAS it is desirable to repeal an Act, No. 364, intituled Preamble

in lieu thereof-Be it therefore Enacted by the Governor of the	The Bills of Sale Act, 1885," and to make other provisions Province of South Australia, with the advice and consent of the Lcgislativc Council and House of Asscrnbly of the said province,
in this present Parliament assembled, as follows:

WHE

1, This .Act may be cited as " The Bills of Sale Act, 1886." short title.

A-380.

2. In this Act the following words shall have the meanings in Interpretation of

this section assigned to them, unless therc be something in the

subject or context repugnant to such construction-

" Bill of sale " shall include bills of sale, assignments, transfers, Bill of eale.

declarations of trust without transfer, inventories of goods,

with receipt thereto attached, or receipts for purchase-moneys

of goods and other a,ssurances 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 be 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 thcreon shall be conferred, but shall not include the following docu- men ts :--Assignments for the benefit of creditors made pursuant to any statutory provision, marriage settlements,

transfers

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transfers or assignments of any ship or vessel, or any share thereof, transfers of goods in the ordinary course

of business of any trade or calling, bills of sale of

goods in foreign parts or at sea, bills of lading, warehouse- keepers' 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 purportin g to authorise,

either by indorsement or by delivery, the possessor of such

document, to transfcr or receive goods thereby represented:

Advance.

Contemporaneous advance " shall include as well a contem- poraneous advance of money by the grantce to the grantor as the sale of goods or property upon credit, or the drawing, accepting, indorsing, making, or giving of any bill of ex- change, promissory note, or guarantee, or other nmttcr or thing by the grantee to, for, or on bchdf of the grantor on the sccurity of any bill of eale, and contemporaneously with the gixinring thereof:

Grantor.

Grantor" shall mean the person. aiving the bill of sale, and shall include his executors, administrators, and assigns:

Grantee.

'' Gran tee '' shall mean the person to whom such bill of salc is given, and shall include his executors, ndministrators, and assigns:

Personal chattels.

"Personal chattels " shall mean horses, cattle, sheep, furni- ture, goods, chattels, and other articles capable of com- plete transfer by delivery, and (when separately assigned or charged) fixtures or growing crops; but shall not in- clude chattel interests in real estate, nor fixtures (except trade machinery, as hereinafter dcfinod), when assigned together with a freehold 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 securities of ally government, or in the capital or property of any loan, mortgage, or incorporated or joint-stuclc

company, nor choses in action:

Yrescribed. " PrescribedM shall mean prescribed by rules made under the

provisions of this Act:

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 fbr the Registration of Deeds, Wills, Jdg. ments, Conveyances; and other instruments," and shall include the Deputy Registrar appointed under the provisions

of the Northern Territory Registration Act, No. 135, 1879:

" hgistrg " shall mean the General Registry Office, at b del aide,

established upder the said Ordinance, No. 8, 1841, and the

branch

49" & 50' VICTORILE, No. 389.

branch registration office, established at Palmerston, in the

Northern Territory, under the said Act, No. 135, 1879:

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

to be personal chattels, and mean t.he machinery used in or

attached to any factory or workshop, exclusive of-

(1) Fixed motive powers, such as water wheels, steam engines, donkey engines, ancl gas engines, together with the boilers and othcr fixed appurtenances of the said motive powers; and

(2) Fixed power on machinery, such as shafts, wheels, drums,

and their. fixed appurtenances, which transmit the action

of the motive powers to the other rnachincry fixed and

loose; and

(3) Pipes for steam, gas, or water in the factory or workshop.

No fixtures or growing crops shall bc deemed to be separately assigned Fixtures and crops

or charged by rcason only that they are assigned by separate words, not to be deemed

which they are a-iixed, or from the land on which they grow, if by the same instrument.	or that power is given to sever them from the land or building to when land passes by
the same instrument any freehold or leasehold interest in the lanb.
or huilding to which such fixtures are a.ffixed, or in the land on which such crops grow, is also conveyed, mortgaged, or assigned
to the same persons or person.

3. The subject-matter of th.is Act shall be divided into the SuWct-matter of Act.

following parts-

FAET 1. B r a n c h Office:

Y ABT 1 1. F o r m of Bills of Sale and the contents thercof, the

registration of which shall be necessary:

PART 111.-Registration of Bills of Sale and other Dealings:

PART IV.-Disposition of Personal Chattels in case of Insol-

vency or Distress:

PART v. P r e f erablc Liens:

PART I.

BRANCH OFFICE.

Government Gazette, to establish at Palmerston. in the Northern Palmerston. 4. I t shall be lawful for the Governor, bp rockm mat ion in the Branch offico at

Territory, a public office for the registration of bills of sale, and

such ofice shall he decmed to bc a branch of' the General Registry

Ofhe, at Adelaide; and, nritil any such Proclamation shall have been issued, the branch registration "office established undcr the said Act No. 135, 1879, shall be the branch office, at Palmerston, for the registration of bills of sale under the provisions hereof.

5. The

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G. The branch office shall be presided over by a Deputy Re&.

Deput Registrar to trar, to be appointed by the Governor, and such Deputy Registrar

act at graneh oaoe.	shall, in the branch office, exercise and execute, in relation to the registration of bills of sale, the like powers and duties as are exercised and executed by the Registrar-General in the General Registry Office at Adelaide; and, until such appointment, the Deputy Registrar appointed under the said Act, No. 135, 187'9, shall continue to act as the Deputy Registrar of the said branch office, at ~alrnerston.
Oath of Deputy
Registrar.	6, An oath of office, similar to that provided for by section r r. of the said Act, No. 8, 1841, may be taken by such Deputy 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, THE REGISTRATION OF WHICH

SHALL BE NECESSARY.

Form of bill of mle. 7. Every bill of sale, the registration of which shall be necessary,

shall be executed in duplicate, and may be in the form in the First

Schedule hereto.

Bid of sale to have	8,	Every bill of sale, when registered, shall have the effect of
effect of a deed.

and be deemed and taken to be a deed duly executed by the parties

who have signed the same.

Contents of bill of

sale. Q, Every bill of sale shall contain or state-

(l) The names of the grantor and grantee, their residences or

places of business and occupations: Provided that it shall

be sufficient to state the names by which the grantor or

grantee is usually known, and, in the case of a corporation,

i t shall be sufficient to state the corporate name, with the

place or one of the placcs where t,he business of the cor-

poration is usually carried on:

(2) The consideration, and what portion (if any) of the con- sideration, is for an antecedent debt or coritemporaneous advance: Provided that thw consideration for any bill of sale shall be deemed to have been sufficiently stated, not- withstanding that the commission, interest, or costa relative to such consideration shall have been deducted from or added to the amount of the consideration expressed in such bill of sale:

(3) A description of the personal chattels comprised therein; and

in case of horses, cattle, sheep, or other animals, the brands

or some other distinctive marks thereof:

(4) Where such personal chattels (other than af ter-acquired property) are situated: ( 6 ) The

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(5) The sums (if any) thereby secured, or in the ease of a run- ning account or proposed further advances, the maximum amount of the credit balance or advances to be covered by the bill of sale.	P * ~ ~	11-
And such bill of sale shall not be registered unless it shall contain
the above particulars.

10. The classes of property in. this section hereinafter specified Property aaai~nable.

may he assigned by bill of sale, and shall be deemed to have been

assigned at law as well as in equity. that is to say :-

(l) Crops (separately assigned) growing at the time of the execu- tion of the bill of sale, but without prejudice to the rights of a Bond $de purchaser or mortgagee of the land on which any such crops shall grow:

(2) The progeny coming into existence during the operation of any bill of sale, of any horses, cattle, or sheep comprised therein:

The assignment by bill of sale of all other after-acquired property shall, subject to the other provisions of this Act, have the same effect

as before the passing of the Bills of Sale Act, 1886.

11. The following covenants and powers shall: unless negatived Covenants to be doomed implied in

and subject to any modification, be implied in favor of the grantee

of sale.

and as to sub-section 8 in this clause as an agreement between

the parties in evcry bill of sale for securing money :-

(l) That the grantor will pay to the grantee the principal and ~ h a t he will pay

interest money secured, or intended to be secured, by such money.

principal and interest

bill of sale, at the time and in manner therein provided for

payment thereof:

(2) That the grantor shall not, without the col~srnt in writing of m a t he will not

personal chattels comprised m such bill of sale from the	the gmntce, sell, exchange,. or fraudulently remove the ~~~~~'sthe goods and
premises mentioned therein, and will at all times keep such
personal chattels in good ordcr and condition:

(31 That the erantor will not suffer the nersonal chattels corn- he will not

I

prised i c such bill of sale to be d&traiiled for any rent, ~ ~ e ~ ~ ~ i ~. b e

ratcs, or taxes, nor suffer any execution to be levied against his zoods or chattels. nor suffer himself to be taken in c7 execution or become insolvent, call a meeting of his creditors, or make any statutory assignment for the benefit of his creditors:

(4) That the grantor will produce to the grantee, upon demand, To pmdu~e nceiptn

for rent, &c,

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

premises wherein the personal chattels shall be:

(S) That the grantee may, by himself or his agents, at all rcnson- TO enter and view	able times, enter upon the grantor's premises whereon the the goods, &c.
personal chattds are kept, and view the state and condition thereof, and that the grantor will show forth and produce

to

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to thc grantee all and singular the personal chattels com.

prised in such bill of sale, and permit the grantee to take

an inventory thereof:

Power of eale in case

of default. (B) That, if the grantor shall make default in the payment of the principal or interest money thereby secured at the time provided for payment thereof, or in the obselwmce or ~erformance of any one of the covenants, terms, con. ditions, or agreements, whether expressed or implied, in such bill of sale, it shall be lawful for the grantee, without any furthcr consent or concurrence on the part of the grantor, to enter into and upon the land, messuage, or tenement whereon the said personal chattels assigned are, or into or upon any other land, messuage, or tene- ment on or in which such personal chattels, or any othcr personal chattels compriscd and included in sucll bill of sale respectivelr, may be. or may reasonably be sup- posed to be, and for that purpose to open or removc any outer or inner gate, door, fastening, or othcr obstruction, without liability to any action of trespass, or other proceeding for so doing; but with liberty to plead the leave and licence thereby given in bar to any such action or proceeding, if any such bc brought or imtituted, and to scizc and take poss~ssivn of all such personal chattels, and to remove thc same to any otlzrr 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 to sell and dispose of such chattels and

premises, or any of them, either together or in parcels, at such time or times, and place or places, and eithcr by public auction or private contract, or partly by public auction and partly by private contract, to any person or persons, for such price or prices, either for cash or on credit, or partly

fbr 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 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 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 bringing in rescission, variance, or actual or attempted resale:

Toexecutedeehfor

purpose of carrying (7) That it shall be lawful for the grantee, upon or after any such such contracts. agreements, deeds, instruments, and writings, L,

out sale.	sale as aforesaid, to make, cnter into, sign, and execute all
as may be necessary or exiedient'for the of making and effectuating any such sale, and which shall be as binding and conclusive upon and against the said grantor

as

49' & 50' VICTORIE, No. 389.

The Bills of' a l e Act.-1886.

PART --A XI.

as if hc or they had joincd therein, or assented thereto. And also that the receipt or receipt5 in writing of the grantee for all purchase-money or other property whlch shall be paid or delivered to him under or by virtue of the billA of sale, shall be a good and sufficiknt discharge or good and sufficient discharges to all purchasers or other persons paying or delivering the same, and that such purchaser or othcr pcwons shall not bc rcquired to see to the application, or be answera1)le for the misapplication or nonapplication thereof, or be bound or concerned to in- quire into the propriety or cspcdicncy of any such sale or resale:

(H) That the grantee shall out of the moneys which shall come to his ~urohaae-money to

be applied in satisfac-

hands by reason of any s~ich sale or sales, in the first place. dis- tion of ,ec,it,,

charge the costs m d expenses incurred or sustaincd 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 shall retain the balance of such moneys, or so much thereof as may be necessary, in or towards payment and satisfaction of all moneys duc and owing to him upon the security of swh bill of sale, and shall pay to the gmntor the surplus thcn remaining.

12. The words '' That the grantor will insure " in any bill Abbreviatedformof

of sale slmll imply-'l'liat the grantor will forthwith insure and, word insure."

so long as any money shall rernnin due fiom him to the grantee on the security of the bill of sale, keep insured in rome public

insurancc office, to bc approved of by thc grantee, against loss or damage by fire, in the name of the grantee, the personal chattels comprised in such bill of sale to the full amount then due thereon, and will hand ovcr to thc grantee the policy of such insurance and produce to him the receipts for the annual or other periodical prc- miurns payable on account thereof, and that all moneys payable

by virtue of such insurance shall be rcceiveci by the grantee towards	satisfaction of the moneys due on such security, and that if default	shall be made by the grantor in effecting or keeping on foot such
insurance it shall be lawful for, but not obligatory upon. the grantee (without prejudice to any othcr remedy) to insure the said personal chattels in manner aforesaid, ant1 the morley paid on account of such insurance shall be a charge on the said personill chattels.

13. The executiorl of a bill of sale, or any transfer, or discharge Witness.

thereof, shall be attested by one or, more credible witnesses, not

being a party or parties thereto.

14. The execution of any bill of sale, or of any transfer, or Execution be

discharge thereof may be p&ed before any Registrar, Justice of the d eclaration. proved by statutory

Peace, or Notarv Public, bv the declaration ot one of the attesting ' d "

~vitnesses there&, which declaration shall be in the form of the fhond Schedule hereto, or as near thereto as circumstailces may

require,

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The Bills of S'ale Act.-1886.

PART 11. require, and shall be taken in all courts o f law as prim4 facze evidence of the due execution of such bill of sale, transfer, or discharge.

PART III. PART 111.

REGISTRATION O F BILLS OF SALE AND OTHER

DEALINGS.

ill of sale to be 15, A11 bills of sale (except such as may be registered in the branch registration office at Palmemton), and every subsequent dealing capable of being registered shall be registered in the General

m@ted Office, Adelaide. at Re&v

Exceptwhen executed Registry Office, at Adelaide; and all bills of sale given or executed

in Territory. the by any party thereto in respect of personal chattels in the Northem

Territory, and every subsequent dealing. with such bill of sale, capable of registration, may be registered m the said branch office

at Palmerston, or at the General Registry Office at Adelaide.

COPY of bills of sde

registered at Palmer- 18, Upon the registration of every bill of sale at the said branch

to be forwarded office, at Palrnerston, a copy thereof, for transmission to the General

to General Regietry Registry Office, at Adelaide, shall be lodged with the Deputy oflco.

Registrar, who shall, at the end of every munth, or so soon there. after as shall be practicable, forward the same with a copy of its registration to the Registrar, at Adelaide, to bc filcd, preserved, and kept open for public inspection, and, in c a ~ e of the registration of any bill of sale in the General Begistry Office, at Adelaide, o l pro- perty in the Northern Territory, a copy thereof shall be sent to the Deputy-Registrar, at Palmerston, at the end of every month.

Bill of eale to be

registered. 17, Every bill of sale shall be registered within twenty-one days

f r ~ m the making thereof, and r,o bill of sale shall thereafter be

capable of registration.

Toberegisteredinthe 18, All bills of sale shall be registered in the order of time

order of production.

in which the same are produced for that purpose, and shall, in respect

to the personal chattels comprised therein, be entitled to priority

according to the date of registration.

Bill of eales, how to	19, For the purpose of such rcgistration every bill of sale shed be lodged in duplicate with the Registrar, who shall indorse upon each duplicate a certificate of registration, stating the consecutive registration number of such bill of sale, and the day and hour of
the production thereof for registration, and such certificate shall be in the form of the Third Schedule hereto, and be authenticated by
the seal and signature of the Registrar, and one duplicate (hereinafter called the original) shall be filed in the registry, and the other (here- inafter ealled the duplicate) shall be delivered to the person entitled thereto, and the production of the original, or of the duplicate, wit11 such certificate duly indorsed thereon, shall be primci fa& evi- dence of the due registration of such bill of sale.

be registered.

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20. A transfer or assignment of a registered bill of sale may be PART m.

made by indorsement on the duplicate in thc form of the Fifth Form of transfer of	bill of sale and regis-
schedule hereto.	tration thereof.

21, An extension of the time for the repayment of the moneys Bill of sale may be

secured by a bill of sale may be effected by indorsing upon the extended*

duplicate bill of sale the word Extended," signed by the grantor

and grantee, and duly attested in the manner provided by section 14 hereof, which shall mean a further extension for the period of one year, and upon the terms in such bill of sale 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 and the date and hour of the pro- duction thereof on the original bill of sale, and authenticate such registration by his seal and signature.

22, A bill of sale may be discharged, or partly discharged, by Bill of saie, how -.

register such discharge by entering the same upon the original bill of sale, together with the date 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 payment of the principal and interest 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.

a receipt indorsed on such bill of sale in the form in the Fourth di8charged.

23. If any person shdl prove to the satisfaction of the Registrar Discharge map be

that any duplicate bill of sdc has bccn lost, he may permit any such ~ ~ ~ 4 ~ ", , " ~, " t ~ ! receipt to be indorsed on the original bill of sale.

24. The Registrar shall keep an alphabetical index of the Index to be kept by

names of every grantor and grantee of a bill of sale, together with Registrar.

the reference to the registrations.

25. The Registrar, upon being satisfied that any omission or error ?miasions.and errors

has occurred in the registration of any bill of sale, transfer, rc- beeorrectad.	m the registry may
newal, or discharge, may summon the grantee or grantor, or 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 Xegistrar shall (unlcss prohibited by the Supreme
Court, ora Judge thereof) procecd to make such correction accordingly.

26. W henever there shall be any difference or variation between In case of wriance,

the contents of any original bill of sale and of the duplicate, the original to prevail.

original shall prevail.

B--389. 27. Every

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The Bills qf Sub Act.-1886.

PART m. 27, Every pereon shall have access to any bill of sale filed in

B e d allowed.

the registry, for the purpose of inspection, during the hours and

upon the days appointed for search.

PART IT.

- PART IV.

DISPOSITION OF CHATTELS IN CASE OF INSOL-

VENCY OR IIISTRESS.

Bills of sale contmry 28, Every bill of sale in which there shdl be any materid

to sec. 10 of this Act

be void against omission or misstatement of any of the particulars required by the

tru~teesininsolvency, ninth section hereof, or which shall not be registered within the time &c.

hereinbefore provided, shall be void, as against-

( a ) The Official Receiver or the trustee in insolvency of the grantor: ( 6 ) The trustee of thc estate of such grantor under any statutory

assignment for the benefit of his creditors:

so far as regards the property in or right to the possession of any personal chattels comprised in such bill of sale which within three months before the insolvency, or the meeting of creditors at which the resolution for the assignment v7as passed, are in the possession, or apparent possession, of the grantor, and shall be void as against-

( c ) All sheriff's officers and other pcrsons seizing any pw-

sonal chattels comprised in such bill of sale in the exe- cution of the process of any court against the goods of' the grantor, and all judgment creditors on behalf of whom such process is executed, so far as regards the property in any such personal chattels as at the time of such seizure are in the possession or apparent possession of the grantor:

Provided that until the expiration of the period dlowcd for rcgis- tmtion, every bill of sale shall be deemed to have been registered within such period.

Bill of sale valid

eecurity for further	29, Where any bill of sale shall be given as security wholly or partly for a contemporaneous or further advance, the same shall, subject to the provisions of this Act, be a valid security to the extent of the advancc made at the time of and subsequently to the making of such bill of sale.
advance.

Ratesma~ be levied

on goods comprised 30, A bill of sale shall not protect the personal chattels therein

in bill of aale.

comprised against any distress for any rates or taxes payable by the

owner or occupier of any land under any Act of Parliament.

Dis tre~ not to be

levied a ainst goode 31. No distress for any rent made and levied upon any personal

chattels comprised in any duly registered bill of sale shall be avail-

in bill f sale except a limibaamount* able except for four weeks' rent where the tenement is let by the week;

for two terms of payment (but not exceeding three months) where the tenement is let for any other term less than six months; or for twelve months' rent where the tenement is let for any longer term, unless the landlord shall pay off the sum of money owing

on such bill of sale, PART

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The Bills of Sale Act.-1886.

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PART V,

PREFERABLE LIENS.

32. Act No. 4 of 185 5-6, so far as the same relates to preferable Preferable liens on

liens on wool, is hereby revived, and, except as in this clause pro-

vided, this Act shall not apply to preferable liens on wool.

PART VI. PART VI.

MISCELLANEOUS PROVISIONS. -i

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

Registrar-Geueral under the provisions of the Real Property Act,

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

34. It shall be lawful for the Registrar to demand and receivc Fees tobo takenbp

such fees as shall be appointed by the Govornor, not in any case Re@rar.

exceeding 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,

35, NO pactitioner of the Supreme Court or licensed land Solicitors and brokera only to recover fees

brokers shall recover any fees for preparing any document under iaachcdule.

this Act other than those set forth i11 the Seventh Schedule hereto.

36, No personal chattels, except such as may be of a perishable Goods not to be sold

nature, shall he sold until five days after seizure under a bill of sale. ,,izure. until five days after

37, Any person who shall conceal, s d l, pslw11, kill, or destroy Fraudulently dis- p ~ i n g of goods to be

any personal chattels comprised in any hill of sale, with intent to Imsdcmcanor.

deprive the grantee of his security, shall be guilty of a, misdemeanor, and be liable to imprisonment, with or without hard labor, for a

term not exceeding two years.

38, Any person guilty of making n false declaration concerning False declaration to

any matter or procedure to be done in pursuance of this Act be"rjurr.

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

two yeam.

consistent with this ,4ct, as may be desirable for the convenient regulations. 39. The Governor may make such necessary regulations, not in- Governor may make

administration and the objects and purposes thereof.

40, All regulations shall be published in the Govejnment Gazette, Regulations 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 fourteen days after the beginning of

the next session thereof, and shall have the force of law from the

date of such publication.

4Iq Thia

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T h e Bills of $ale Act.-1886.

PART VI. 41. This Act shall not apply to any bill of sale where the

grantee shall bond Jde take the ~ersonal chattels comprised thcreiu

A C ~ not to

t a k e and out of thc ~~ossession, or apparent possession, of the grantor within

kept by grantee

within twenty-one	twenty-one days of the date of such bill of sale, and shall keep such
days.	possession.

R e p d. 42, The "Bills of Gales Act, 1885," is hereby repealcd; but this

repeal shall not affect-

I. Any thing done or suffered under such Act: nor

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

accrued, or incurred under such Act: nor

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

such right, privilege, power, obligation, or liability:

And any rule, by-law, or regulation heretofore in force under

the provisions of the Act hereby repealed, shall, so far as applicable,

continue in force until cancelled or amended under the authority of

this Act.

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

this Bill.

WM. C. F. IEtOBINSON, Governor.

SCHEDULES

49' & 50' VICTORIA?, No. 389.

The Bills of Snle Act.-1886.

SCHEUULES REFERRED TO.

FIRST SCHEDULE,

BilE of Sale.

I, (or WC) [slate the f u l l or usual Christiu?i names o f the grantor, h is proper

surname, residence or plnce of buziness, m r I occupation] in consideration of the sum of,

[here slate consideratbn: lent to me (or us) by [here dale the J u Z E or risunl Chrisfialz Seo. 10,

names o f the grantee, h is propet sur?ranw, reszdence or place of busiaess, and occu- pution] the receipt whereof I (or we) do hereby acknowledge, do hereby transfer and

assign unto [the grantee] all and singular the personal chattels described at the foot hereof, which are situated [describe the land or premises where the goods are situated), and all my (or our) right, title, claim, and demand to the same, to have, hold, take; and receive the said personal chattels unto

[the subject to the provisos, terms, covenants, conditions, and agreements

herein expressed or implied: Provided that if I shall pay to the said [grantee] the

sum of on the day of 18

(or on demand or a t such other lime as prouided f o r by the lilt? oJ sale), and interest

thcreon, or on so much as may be due in respect thereof, at the rate of fi

per centunl per annum, payable in	payments on
during this security then these presents shall become void,

[Herein insert u n y other necessary condition.]

And it is agreed that, upon payment of the moneys hereby secured, the said Cgrantee] will, at my cost and my request, execute a discharge to me ( o r us) o f this security, and that it shall Le lawful ior me (or us) to retain possession of the said personal chattels until default shall l c made in the expressed or implied terms, covenants, conditions, and agreements of this security. In witness whereof I have hereunto

subscribed my name the day of 188 .

Signed by the said [grantor] in the

presence of

Personal chattels comprised in this Bill of Sale.

[Hers yive a description of the personal chattels assigned, and in case of horses,

cattle, or sheep, state the brand or other dislinctioe mark,]

SECOND SCHEDULE.

I, N. B. [here stale residence or of business and occzqmtion'], the person

whose name appetirs as the attesting witness to the above bill of sale (or transfer, o r discharge), do hereby declare that I was present and saw [grantor] sign the above instrument, and I thereupon signed my name as attesting witness thereto.

Declared before me at

this day of 18 .

THIRD

7 VICTORIW, No.

The Bills of Sale Act.-1886.

SEVENTH SCHEDULE.

a Fees Payabb to Practitioners of Supreme Court or Licensed Land Brokers.

2 S. d.

For every bill of sale, in duplicate, when the consideration thereof shall

notexceedS50 ............................................ 0 10 6

TVhen the consideration exceeds E50 .............................. 1 1 0

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

Or, if printed or partly printed, then bcyond the first ten folios, per folio	0	6
For copying or engrossing sohedules (if such bill of sale exceeds ten folios),

per folio .............................................. ... 0 1 0

For every transfer, transmission, 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 agreement in writing setting forth the extra charges agreed to be paid shall have been signed by the person t_o be charged.

5

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