Bills of Sale Act Amendment and Revision Act 1957 (WA)

1957.] Bills of Sale (Revision). [No. 40.

BILLS OF SALE (REVISION).

6° Elizabeth II., No. XL.

No. 40 of 1957.

AN ACT to amend the Bills of Sale Act, 1899-1956, and certain other Acts; and to facilitate the Reprinting with amendments of the Bills of Sale Act, 1899.

[Assented to 22nd November, 1957.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Act Amendment and Revision Act, 1957, and shall mencement. 1. (1) This Act may be cited as the Bills of Sale na=e

be read as one with the principal Act as amended by

the amending Acts.

(2) This Act shall come into force on a day to be fixed by proclamation.

No. 40.] Bills of Sale (Revision). [1957.

Interpre-

tation. 2. In this Act, unless the context otherwise

requires

"amending Acts" means Acts 64 Vict., No. 28 (1900), 1 and 2 Edw. VII., No. 14 (1902), and Acts Nos. 17 of 1905, 13 of 1906, 24 of 1909, 40 of 1912, 24 of 1914, 41 . of 1925, 8 of 1927, 42 of 1932, 52 of 1940, 9 of 1956 and the Bills of Sale Act Amendment Act, 1957;

"principal Act" means the Bills of Sale Act, 1899 (Act 63 Vict., No. 45).

S. 5 of

principal Act	3. Section five of the principal Act is amended
amended.

(a)	by deleting from the definition of "Bill of Sale" first occurring the proviso which reads "Provided that nothing herein con- tained shall prejudice or affect the right of a landlord to distrain for rent or the right to distrain for rent on a demise by a mort- gagee in possession to the mortgagor as his tenant at, a fair and reasonable rent";
(b)	by substituting for the words "transfers or assignments of any ship or vessel, or any share thereof" in lines three and four of the definition of "Bill of Sale" secondly occur- ring the words "transfers, assignments or mortgages duly registered under the pro- visions of the Merchant Shipping Act, 1894, of the United Kingdom as amended from time to time (or under any Act passed in substitution for that Act) of any ship or any share thereof";
(c)	by deleting from the definition of "Regis- trar" (as amended by section two of Act No. 24 of 1914) the words "the Registrar of the Supreme Court, and includes a Deputy or Acting Registrar and";

1957. ] Bills of Sale (Revision). [No. 40.

(d) by adding the following definitions at the end of the section:

"Debenture" means a document contain- ing a floating charge over any of the chattels of a company or other cor- porate body.

"Hire Purchase Agreement" means an agreement for the hire of chattels containing, in favour of the hirer (being the person to whom the chattels are let), a right or option to purchase the chattels or any of them.

S. 6 of

4. Section six of the principal Act is amended

principal Act

amended.

(a)	by substituting for the words "of the cor- poration in Western Australia" in the last line of paragraph (1.) the words "or regis- tered office of the corporation in the State, or, if it has no place of business or registered office in the State, then its principal place of business or registered office in the country or State in which it is incorporated.";
(b)	by substituting for the word "situated" in line two of paragraph (3.) the words "usually situated or kept".

5. Section eight of the principal Act (as amended;5 y..n-prt1 Act

by section two of Act No. 41 of 1925) is amended by amended.

substituting for the words "such witness" in line

three of subsection (1.) the words "the witness to

the grantor's signature".

6.    Section ten of the principal Act is amended p.11.c.aal Act

by substituting for the word "Seven" in the first line amended

of paragraph (1.) the word "Ten".

Section two of Act No. 13 of 1906 is amended V. ggie1906

by adding after the word "obligation" in the last amended. 7.

line the wordB "but does not include a debenture".

No. 40.] Bills of Sale (Revision). [1957.

S.14 ox Act

No. 13 of 1906 8. Section fourteen of Act No. 13 of 1906 is

amended. amended

(a)	by inserting after the word "deemed" in line two the words "fraudulent, void or";
(b)	by deleting the words "or in an affidavit filed or to be filed in pursuance of section eight of the principal Act" in lines three and four;
(c)	by substituting for the words "or of any attesting witness to such bill of sale" in lines six and seven the words "or any other contravention of the requirements of section six or of sections thirty or thirty- seven of the principal Act";
(d)	by inserting after the word "misdescription" in line ten the words "or contravention".

S. 11 of

principal Act	9. Section eleven of the principal Act is amended
amended.

(a) by substituting for the words "an index" in line one of subsection (2.) the word

"indexes";

(b)	by deleting from line two of subsection (2.) the words "and grantees";
(c)	by adding to subsection (2.) after the word "grantor" the words ", separate indexes being kept in respect of debentures, hire purchase agreements and other bills of sale

respectively.";

(d) by substituting for the word "Such" at the commencement of subsection (3.) the words "Each such";

(e) by deleting from subsection (3.) the words "and grantees" in line two.

1957.] Bills of Sale (Revision). [No. 40.

10. Section fourteen of the principal Act is i? )i.gc?if )al Act

amended amended.

(a) by adding after the word "registration" in the last line of subsection (1.) the words "and such renewal shall not be effected more than sixty days prior to the expiration of any three-year period calculated from the day of registration";

(b) by repealing subsection (2.).

by substituting for the words "or five years, as the amended. 11. Section fifteen of the principal Act is amended !; .M Act

case may be" in lines two and three the word "years".

amended by the Bills of Sale Act Amendment Act, amended. 12. Section twenty-one of the principal Act as i%.?A•c(11)al Act

1957, is further amended

(a)	by inserting after the word "satisfaction" in line two the word "either";
(b)	by inserting after the word "attorney" in line three the passage ", or of any other bill of sale, signed by each of the parties thereto or by his attorney".

13. Section twenty-two of the principal Act is

amended by adding after the word "memorandum" amended.

in the last line the words "and, in relation to chattels

wholly discharged from the debt or charge created

by a bill of sale by way of security, the property or

legal interest therein of the grantor shall be deemed

to be and to have been from and after the filing of

the said memorandum as if the bill of sale had not

been given by the grantor".

Act

14. Section twenty-nine of the principal Act is repealed. „1—c.pal Act 2-? 11!

repealed.

No. 40.] Bills of Sale (Revision). [1957.

S. 32 of

principal Act	15. Section thirty-two of the principal Act is amended by substituting for the words "by the last preceding section mentioned" in the last line, the words "mentioned in section thirty-one of this Act".
amended.
pia5 of	amended.

ncipal Act 16. Section thirty-five of the principal Act is

amended by inserting after the words "bill of sale" in the second last line the words "or in the execution or attestation thereof".

S. 51 of

principal Act 17. Section fifty-one of the principal Act is

amended, amended

(a)	by inserting after the word "issued" in line one the words "or given";
(b)	by deleting the words "registered or incor- porated or carrying on business in Western Australia" in lines two and three;
(c)	by deleting paragraph (1.) and substituting the following paragraph:

(1.) The company or body issuing or giving the debenture shall present to and file with the Registrar for registration the original debenture or a copy thereof accompanied in either case by an affidavit verifying the execution of the debenture and, where a copy is filed, also verifying it as a true copy. The affidavit shall be made by a director or the manager or secretary of the company or body. In the case of a series of debentures it shall be sufficient to file a copy of one debenture of each series verified by affidavit as afore- said. The Registrar shall endorse upon the original debenture or copy presented and filed and also upon any duplicate original or other copy of the debenture which is presented to him, a certificate of registration stating the hour of the presentation for registration and the date

1957.] Bills of Sale (Revision). [No. 40.

of registration, and containing a refer- ence to the Register Book in which the registration is recorded. The certificate shall be authenticated by the seal and signature of the Registrar. The duplicate original or other copy presented shall then be delivered to the person entitled thereto or to his solicitor or agent. The produc- tion of a debenture, or of a duplicate or copy of a debenture, purporting to have endorsed thereon the certificate duly authenticated, shall be prima facie evidence of the due registration of the debenture. Whenever there is any dif- ference or variation between the contents of a debenture or copy filed with the Registrar under this paragraph and of the original or duplicate or copy of the debenture, the filed document shall prevail. ;

(d) by inserting after the word "issuing" in line three of paragraph (2.) the words "or giving".

S. 52 of

18. Section fifty-two of the principal Act is principal Act

amended amended.

(a)	by substituting for the words "nine to thirty-six, both inclusive (except section thirty), and also sections forty-six to fifty, both inclusive," in lines one and two the words "nine to seventeen, both inclusive, eighteen to twenty-five, both inclusive, twenty-six, twenty-seven, twenty-eight, thirty-one, thirty-two to thirty-five, both inclusive, thirty-six, forty-seven, forty- eight and fifty";
(b)	by deleting subsection (3.) and substituting the following subsection:

(3.) The filing of the debenture or copy thereof as aforesaid shall be deemed to be the presentation of the debenture for registration.

No. 40.] Bills of Sale (Revision). [1957.

S. 53 of

principal Act	19. Section fifty-three of the principal Act is amended by substituting for the words "the form in the Fifth Schedule shall state such fact" in line two the words "the affidavit verifying the execution of the debenture shall state such fact and give short particulars of the series".
amended.
Fifth

Schedule to 20. The Fifth Schedule to the principal Act is

Principal Act deleted.	deleted.
Amending
Acts 21. (1) The amending Acts mentioned in
amended.
Schedule. columns one and two of the Schedule to this Act are amended to the extent specified in column four of that Schedule.

(2)

In any reprint of the principal Act as amended from time to time, the definitions contained in section five of that Act as so amended may be rearranged in alphabetical order.

Subsections (1) and (2) of this section shall

not be construed as affecting the application of the

Amendments Incorporation Act, 1938.

(3)

SCHEDULE.

Amending Act.

Column 1.	Column 2. Column 3.	Column 4.
No. of Act.	Short Title. Item in this	Amendments.

Schedule.

No. 17 of Bills of Sale 1. Section two is amended-

1905. Amendment (a) by substituting for the word "When-

Act, 1905. ever" in line one the passage, "The principal Act is amended by adding after section seven the following sec- tion:—

17A. Where";

(b)	by substituting for the words "this Act" in line two the passage "the Bills of Sale Amendment Act, 1905";
(c)	by substituting for the words "the principal Act" in lines three and four the words "this Act";
(d)	by substituting for the words "prin- cipal Act" in the last line, the pas- sage "Bills of Sale Act, 1899".

1957.] Bills of Sale (Revision). [No. 40.

SCHEDULE—continued.

Amending Act.

Column 1. Column 2. Column 3. Column 4.

No. of Act. Short Title. Item in this Amendments.

Schedule.

No. 13 of Bills of Sale 2. Sections are added after section one as

1906. Amendment follows:—

Act, 1906. Principal 1.A. The principal Act is amendedAct amended. (a) by adding before the head-

ing "Preliminary" preceding section one the passage "Part I.";

(b) by adding after section two a section as follows:-

Arrange-

ment. 2A. This Act is arranged as follows:—

Part I.—Preliminary.

Part IL—Registration.

Part III.—Renewal of

Registration.

Part TV.—Bills of Sale

by Way of Security.

Part V.—Searches and

Office Copies.

Part VI.—Entry of Sat-

isfaction.

Part VII. — Effect of

Registration.

Part VIII.—General.

Part IX.—Bills of Sale

of Stock.

Part X.—Bill of Sale

over Crops.

Part XI.—Bill of Sale

over Wool.

Part XII.—Miscellane-

ous.

Part XIII.—Debentures.

Schedules. ;

(c)	by adding before the head- ing "Registration" preceding section six, the passage "Part IL";
(d)	by adding before the head- ing "Renewal of Registra- tion" preceding section four- teen the passage "Part

No. 40.] Bills of Sale (Revision). [1957.

SCHEDULE—continued.

Amending Act.

Column 1. Column 2. Column 3. Column 4.

No. of Act. Short Title. Item in this Amendments.

Schedule.

No. 13 of Bills of Sale 2 (e) by adding before the head-

1906. Amendment (Contd.) ing "Searches and Office-

(Contd.) Act, 1906. copies" preceding section

(Contd.)

eighteen, the passage "Part

V.";

(f)	by adding before the head- ing "Entry of Satisfaction" preceding section twenty- one, the passage "Part VI.";
(g)	by adding before the head- ing "Effect of Registration" preceding section twenty- five, the passage "Part VB.";
(h)	by adding before the head- ing "General" preceding sec- tion thirty the passage "Part VEIL";

(i)   by adding before the head- ing "Bills of Sale of Stock" preceding section thirty- seven, the passage "Part IX.";

(j)	by adding before the head- ing "Bill of Sale over Crops" preceding section thirty- nine, the passage "Part X.";
(k)	by adding before the head- ing "Bill of Sale Over Wool" preceding section forty-two the passage "Part XI.";

(I) by adding after section forty-five before the heading "Miscellaneous" the passage "Part X7.1."; and

(m) by adding before the head- ing "Debentures" preceding section fifty-one, the passage "Part XILL".

1B. The principal Act is amended by adding after section seventeen a heading as follows:

Part IV.—Bills of Sale by Way

of Security.

1957.] Bills of Sale (Revision). [No. 40.

SCHEDULE—continued.

Amending Act.

Column 1.	Column 2. Column 3.	Column 4.
No. of Act.	Short Title. Item in this	Amendments.

Schedule.

No. 13 of Bills of Sale 3. Section two as amended by section seven

1906. Amendment of this Act is further amended

(Contd.) Act, 1906.

(a) by adding after the section number

(Contd.)

"2" the following passage:

The principal Act is amended by inserting as section seventeen A under the heading "Part IV.—Bills of Sale by Way of Security", the following:—;

(b) by substituting for the passage "In sections three to thirteen, inclusive, of this Act" in line one the words "In this Part".

4. Section three as amended by Act No. 24 of 1914 and the Bills of Sale Act Amendment Act, 1957, is further amended

(a) by adding after the section number "3" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen B the following:—;

(b)	by substituting for the words "the principal Act" in line two of sub- section (1) the words "this Act";
(e)	by substituting for the words "First Schedule hereto" in lines two and three of subsection (2) and again in the last line of the proviso to the section the words "Sixth Schedule to this Act".

5.               Section four is amended

(a) by adding after the section number "4" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen C the following:—;

(b) by substituting for the words "Second Schedule" in line two and again in line nine the words "Seventh Sched- ule".

No. 40.] Bills of Sale (Revision). [1957.

SCHEDULE—continued.

Amending Act.

Column 1.	Column 2. Column 3.	Column 4.
No. of Act.	Short Title. Item in this	Amendments.

Schedule.

No. 13 of Bills of Sale 6. Section five as amended by the Bills of

1906. Amendment Sale Act Amendment Act, 1957, is further

(Contd.) Act, 1906. amended

(Contd.) (a) by adding after the section number "5" the following passage:—

The principal Act is amended by inserting in Part IV. as section seventeen D the following:—;

(b) by substituting for the word "herein" in line three of subsection (1), the words "in this Part".

7.              Section six is amended

(a) by adding after the section number "6" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen E the following:—;

(b) by substituting for the words "the principal Act" in line one the words "this Act".

8. Section seven is amended by adding after the section number "7" the following pas- sage:

The principal Act is amended by in- serting in Part IV. as section seventeen F the following:—.

9.              Section eight is amended

(a) by adding after the section number "8" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen G the following:—;

(b)	by substituting for the words "Third Schedule hereto" in lines one and two of subsection (2) the words "Eighth Schedule to this Act";
(c)	by substituting for the words "sec- tion three" in line two of each of paragraphs (a) and (b) of subsec- tion (3) the passage "section seven- teen B of this Act".

1957. ] Bills of Sale (Revision). [No. 40.

SCHEDULE—continued.

Amending Act.

Column 1.	Column 2.	Column 3.	Column 4.
No. of Act.	Short Title.	Item in this	Amendments.
Schedule.

No. 13 of Bills of Sale 10. Section nine is amended by adding after

1906. Amendment the section number "9" the following pas-

(Contd.) Act, 1906. sage:

(Contd.)	The principal Act is amended by insert- ing in Part IV. as section seventeen H
the following:—.

11.               Section ten is amended by adding after the

section number "10" the following passage:

The principal Act is amended by insert- ing in Part IV. as section seventeen .1 the following:—.

12.              Section eleven is amended

(a) by adding after the section number "11" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen K the following:—;

(b) by substituting for the words "Fourth Schedule hereto" in line three of subsection (1) the words "Ninth Schedule to this Act."

13.              Section twelve is amended

(a) by adding after the section number "12" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen L the following:—;

(b) by adding after the word'"under" in line one of subsection (1) the words "this Part of".

14. Section thirteen is amended by adding after the section number "13" the following pas- sage:—

The principal Act is amended by insert- ing in Part IV. as section seventeen M the following:—

No. 40.] Bills of Sale (Revision). [1957.

SCHEDULE—continued.

Amending Act.

Column 1.	Column 2. Column 3.	Column 4.
No. of Act.	Short Tine. Item in this	Amendments.

Schedule.

No. 13 of Bills of Sale 15. Section fourteen as amended by section

1906. Amendment eight of this Act is further amended

(Contd.) Act, 1906. (a) by adding after the section number

(Contd.) "14" the following passage:

The principal Act is amended by adding after section twenty-five as section twenty-five A the fol- lowing:—;

(b) by substituting for the words "the principal Act" whenever they occur

in the section, the words "this Act".

16.              Section fifteen is amended

(a) by adding after the section number "15" the following passage:

The principal Act is amended

by adding after section sixteen as

section sixteen A the following:—;

(b) by substituting for the words "the principal Act" in line two the words "this Act".

17.              Section seventeen is amended

(a) by adding after the section number "17" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen N the following:—;

(b)	by substituting for the word "Act" in line one and again in line five the word "Part";
(c)	by substituting for the words "the principal Act" in line two and again in the last line the words "this Act".

18. Section eighteen as amended by Acts No. 24 of 1914 and No. 42 of 1932 is further amended

(a) by adding after the section number "18" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen P the following:—;

(b) by substituting for the passage "Sec- tions three to thirteen, inclusive," in line one the words "This Part".

1957.] Bills of Sale (Revision). [No. 40.

SCHEDULE—continued.

Amending Act.

Column 1. Column 2. Column 3. Column 4.

No. of Act. Short Title. Item in this Amendments.

Schedule.

No. 13 of Bills of Sale 19. The First Schedule, the Second Schedule

1906. Amendment as amended by Acts Nos. 24 of 1914 and 41

(Contd.) Act, 1906. of 1925, the Third Schedule and Fourth

(Contd.) Schedule are redesignated Sixth Schedule,

Seventh Schedule, Eighth Schedule and Ninth Schedule respectively, and as so re- designated are added to the principal Act after the Fifth Schedule.

No. 40 of Bills of Sale 20. Section two is amended

1912. Act Amend-

ment Act, (a) by adding after the section number The Bills of Sale Act, 1899, is amended by inserting in Part IV. as section seventeen Q the fol- lowing :—;

1912.  "2" the following passage:—

(b)	by substituting for the words "this Act" in line two the passage "the Bills of Sale Act Amendment Act, 1912,";
(c)	by adding before the word "shall" in line four the passage "or of this Part,";
(d)	by adding after the passage "that Act," in line four the passage "or this Part, as the case may be,";
(e)	by substituting for the word "Act" in line one of the proviso, the word "section";
(f)	by substituting for the words "this Act" in line three of the proviso the passage "the Bills of Sale Act Amendment Act, 1912".

No. 24 of Bills of Sale 21. Section three is amended by substituting

1914. Act Amend- for the passage

ment Act,

1914.  maximum rate."

in line four, the following passage

maximum rate", and by adding at the end of paragraph (4.) a proviso as follows:—.

No. 40.] Bills of Sale (Revision). [1957.

SCHEDULE—continued.

Amending Act.

Column 1.	Column 2. Column 3.	Column 4.
No. of Act.	Short Tine. Item in this	Amendments.

Schedule.

No. 24 of Bills of Sale 22. Section four is amended-

1914. Act Amend- (a) by adding after the section number

(Contd.) ment Act, "4" the following passage:—

1914.   The principal Act is amended by inserting after section thirty- one as section thirty-one A the following:—;

(Contd.)

(b)	by substituting for the words "this Act" in line two the passage "the Bills of Sale Act Amendment Act, 1914";
(c)	by substituting for the words "the principal" in line four and again in line five the word "this";
(d)	by deleting the words "this or" in line four.

23.               Section ten is amended

(a) by adding after the section number "10" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen R the following :—;

(b) by substituting for the word "First" in line two the word "Tenth".

24.              Section eleven is amended

(a) by adding after the section number "11" the following passage:

The principal Act is amended by inserting in Part IV. as section seventeen S the following:—;

(b)	by substituting for the word "Second" in line one the word "Eleventh";
(c)	by substituting for the word "Third" in line seven the word "Twelfth".

25. Section twelve as amended by the Bills of Sale Act Amendment Act, 1957, is further amended

(a) by adding after the subsection desig- nation "(1)" the following passage:—

The principal Act is amended by inserting after section thirty- five as section thirty-five A the following:—;

(b) by substituting for the word "Fourth" the word "Thirteenth".

1957. ] Bills of Sale (Revision). [No. 40.

SCHEDULE—continued.

Amending Act.

Column 1. Column 2. Column 3. Column 4.

No. of Act. Short Title. Item in this Amendments.

Schedule.

No. 24 of Bills of Sale 26. Section fifteen is amended

1914. Act Amend- (a) by substituting for the words "this

(Contd.) ment A c t, Act" in lines three and four of para-

1914.   graph (b) the passage "the Bills of

(Contd.) Sale Amendment Act, 1906,";

(b) by substituting for the word "this" in line eleven of paragraph (b) the word "that".

27. The First Schedule, Second Schedule and

Third Schedule, and the Fouth Schedule as

amended by the Bills of Sale Act Amendment Act, 1957, are redesignated Tenth Schedule, Eleventh Schedule, Twelfth Schedule and Thirteenth Schedule respectively, and as so redesignated are added to the principal Act after the Ninth Schedule added pursuant to item 19 of this Schedule.

No. 41 of Bills of Sale 28. Section two, which repeals section eight of

1925.	Act Amend-	the principal Act and substitutes a new section
ment A c t,	therefor, is amended by substituting for the
1925.	word "Sixth" in line five of the section so substituted the word "Fourteenth".

29. Section four is amended by substituting for the words "the copy of" in line two the words "copy of the".

30.               Section ten is amended

(a) by adding after the section number "10" the following passage:

The principal Act is amended by inserting in Part XU. as section fifty A the following:—;

(b)	by substituting for the words "this Act" in line one the passage "the Bills of Sale Act Amendment Act, 1925,";
(c)	by substituting for the words "has already" in line three the word "had";
(d)	by substituting for the word "this" in the last line the word "that".

31. Section eleven is amended by substituting for the word "SIXTH" in line two the word "FOURTEENTH".

No. 42 of Bills of Sale 32. Section three is repealed.

1932. Amendment

Act, 1932.