Bills of Sale Act Amendment Act 1925 (WA)

19251 Bills of Sale, [No. 41.

BILLS OF SALE.

16' CEO, V" No. xr,T.

No. 41 of 1925,

AN ACT to amend the Bills of Sale Act, 1899.

[Assented lo 314 December, 1925.1

B M it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

1.    This Act may be cited as the Bills of Sale Ad Amend- short title.

men! A 't, 1925, mid shall be read as one with the Bills of Sale Act, 1899, hereinafter referred to as the principal Act.

2.     Section eight of the principal Act is hereby repealed, ilturn,isgosoenc.d

and the following section shall be substituted therefor:— new section.

S. (1.) Every bill of sale shall be executed in dupli- 1Si/err and

cite, and shall be attested 'by at least one witness not, Z5 or	fasalen. °
being any party thereto; and such witness shall sign a declaration at the end of such bill of sale and duplicate in the form or to the effect as set out in the Sixth. Schedule to this Act; and any person who subscribes such declaration which in any material particular is to his knowledge false shall be guilty of a misdemeanour, and shall be punishable as if he were guilty of an offence under section one hundred and seventy of the Criminal Code.
(2.) It shall not be necessary for the attesting witness or witnesses to make any such declaration before a Jus- tice of the Peace or other person authorised to take and receive declarations, but a simple signature of the attest- ing witness or witnesses shall be sufficient.

No. 411 Bills of Sale. [1925.

(3.) Every bill of sale shall be registered, and for the purpose of such registration Shall be lodged with the Registrar in duplicate, and such regis- tration shall be effected by the Registrar endors- ing upon each duplicate a certificate of such regis- tration, stating the day and hour of the production thereof for registration and the actual date of registra- tion, and a reference to the Register Book in which the same is recorded, and such certificate shall be authenti- cated by the seal and signature of the Registrar.

(4.) One duplicate (hereinafter called the original) shall be filed in the Registry, and the other (called the duplicate) shall be handed to the person entitled thereto, or his solicitor or agent; and the production of the original or of the duplicate with such certificate endorsed

thereon shall he prime, faitie evidence of the due regis-

tration. of such bill of sale.

(5.) -Whenever there shall he any difference or varia-

tion between the contents of any original bill of sale and

the duplicate, the original shall prevail.

Amendment of 3.

Section eleven of the principal Act is hereby amended by deleting from suhclause one thereof the words "and shall mark on the filed copy thereof the date of the presentation and of the registration thereof and the number thereof."

lee. U.

Amendment of 4.

Section seventeen of the principal Act is hereby

amended by deleting the words "the copy of" in the third

line, and substituting therefor the word "original."

see. 17.

Amendment of

Sections eighteen and nineteen of the principal Act are hereby amended by omitting the words "or the filed copy thereof" whenever the same appears in those sections, and by omitting the words "copy or" appearing in the fifth and sixth lines of section nineteen.

sees. 18 and 19. 5.

Amendment of

see. 20. 6. Section twenty of the principal Act is hereby amended by omitting from the fourth line thereof the words "or of the filed copy thereof."

1925.] Bills of Sale. [No. 41.

7. Section twenty-five of the principal Act is repealed Repeal of see. 25 7 and Insertion of

and the following section is substituted therefor:- new section.

25. (1..) Every bill of sale or debenture not complying with the terms of section six or fifty-one of this Act, as	Rlfect of non-coil'-
pllnnce with Act
or nondiegistration.
the case may be, or not duly registered or renewed in the manner and time in this Act provided, shall be deemed fraudulent and void as against

(a)	the Official Receiver or the trustee or liquidator (under any law relating to bankruptcy, insol- vency, or winding up) of the estate of the grantor;
(b)	the assignee or trustee acting under any statu- tory deed of assignment for the benefit of the creditors of the grantor,

so far as regards tile property in or right to the posses- sion of any chattels comprised in such bill of sale which, at any time within three months before the time of the presentation of the petition in bankruptcy or winding up, or of the passing of an effective resolution for the wind- ing up, or of the execution of such deed of assignment, as the case may he, and after the expiration of the time and extended time (if any) allowed for the registration or renewal of such bill of sale or debenture shall have been in the possession or apparent possession of the grantor.

(2.) Such bill of sale or debenture shall also be void as against all sheriffs, bailiffs, and other persons seizing any chattels comprised therein in the execution of the process of any Court authorising the seizure of the chattels of the grantor and as against any person on whose behalf such process shall have been issued so far as regards the property in or right to the possession of any such chattels comprised in such bill of sale or debenture which, at the time of such seizure and after the expiration of the time and extended time aforesaid, shall be in the possession or apparent possession of the grantor.

(3,) When, in accordance with this section, any docu- ment, whereby chattels are let on hire (with or without right of purchase) or otherwise bailed by the owner, or are acknowledged to have been received on hire or as a bailment from the owner, is or becomes void in respect of any chattels as against any person, then the chattels affected shall, as between the owner and such person, be deemed to be the property of the person to whom they

No. 41.1 Bills of Sale. [1925.

have been so let on hire or bailed as aforesaid, but no- thing herein shall affect the respective rights, as between themselves, of the owner and hirer or bailee of any such chattels.

Insertion of new

section in principal S. There is hereby inserted in the principal Act after

Act. section thirty-six thereof, a section as follows:-

Protection of bona	36a.. Nothing in sections twenty-five, thirty, thirty- one, or thirty-two of this Act shall affect the rights of any person making title to any chattels through or under any grantee of a bill of sale in good faith and for valuable consideration, by virtue of any sale or other disposition effected whilst the chattels were not in the possession or apparent possession of the grantor.
ale purchasers.
Amendment of

Section fifty-four of the principal Act is amended by

the insertion before the word "sewing-machine" of the words

"household furniture, tools of trade."

sec. 54. 9.

No retrospective 10.

Nothing in this Act contained shall affect the rights or liabilities of-the parties to any bill of sale or debenture which has already been executed prior to the coming into operation of this Act.

effect.

Addition of Sixth 11. A schedule is added to the principal Act, as follows:—

Schedule.

SIXTH SCHEDULE.

1 [here state 2 neS in full, residence and men pallond the person whose name appears as the attesting witness to t119 above Bill of Sale do hereby declare that I was present

at on the of , 19 , and saw jgranted sign the

above instrument, and I thereupon signed my name as attesting witness thereto.

Dated the day of 19 .

Amendment of	12.. Form B in the second Schedule of the Bills of Sale Act Amendment Act, 1906, is amended by the insertion of a column descriptive of the grantee or grantees as in Form A to the said Second Schedule.
Second Schedule
of 1906.
to Act No. 13