Bills of Sale Acts Amendment Act of 1941 (5 Geo Vi No. 13) (Qld)

190 l\IERCANTILE LAW. Bills of Sale Acts Amendment Act. 5 GEO. VI. No. 13, MERCANTILE LAW. 5 N G o E . O. 13 V . I. An Act to Amend" The Bills of Sale Acts, 1891 THE llILLS OF SALE to 1896," in certain particulars. ACTS AMENDMENT ACT OF 1941. [ASSENTED TO 20TH NOVEMBER, 1941.] B E it enacted by the King's Most Excellent Majesty, by aDd with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Bills of Sale : ~ ! truction. Acts Amendment Act of 1941," and shall be read as one with *" The Bills of Sale Acts, 1891 to 1896," herein referred to as the Principal Act. Ctitollel.ective be ciTtehdeasP" rin T c h i e pa B l ill A s c o t f S a a n l d e A th ct i s s , 1A8c9t1 t m o a 1 y 94 c 1 o ." llectively Amendment of the Principal Act. 3 N A ewinsseerctteiodn. after 2 s . ecTthioen ftohlrloewe ionfgthseecPtiroinn, cinpuaml Abecrte, dna3 m A e , liys : i-nserted ~~ ~ :nants " [3A.] (1.) The following covenants and powers shall, deemed unless negatived and subject to any modification, be w. Elie~ ~n 1 implied in favour of the grantee and as to paragraph 1 so a e. (viii.) of this subsection as an agreement between the parties in every Bill of Sale for securing money executed on or after the first day of January, one thousand nine hundred and forty-two:- That he will pay principal and interest money. (i.) That the grantor will pay to the grantee the principal and interest money secured, and any other moneys 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 goods and chattels. (ii.) That the grantor shall not, without consent in writing of the grantee, sell, exchange, or remove the chattels comprised in such Bill of Sale from the premises mentioned therein, and will at all times keep such chattels in good order and condition; * 55 v. No. 23 and amending Act. See v. 6, pp. 319 et seq.

1941. MERCANTILE LAW. Bills of Sale Acts Amendment Act. 191 (iii.) That the grantor shall not suffer the That he will chattels comprised in such Bill of Sale to be ~~ ! ~ ~ ~ ~ ~ distrained for any rent, rates, or taxes, nor ~ o be tak~n suffer any execution to be levied against his m executIOn. goods or chattels, nor suffer himself to be taken in execution or become bankrupt, or present a bankruptcy petition against himself, or enter into any composition, or scheme of arrangement or deed of assignment without sequestration or deed of arrangement under Parts XI. or XII. of the * BankruptcyAct1924-1933 of the Commonwealth (including any Act or law amending or in substitution therefor) ; (iv.) That the grantor will produce to the grantee, To produce uraptoens, daenm d antadx, etshe I · II laresst preeccteiop. f t tf h oer palrlemreI . snets, rreecnet, ip&tsc.for wherein the chattels shall be; (v.) That the grantee may, by himself or his To enter and agents, at all reasonable times, enter upon vie:;. th~ the grantor's premises whereon the goo s, c. chattels are kept, and view the state and condition thereof, and that the grantor will show forth and produce to the grantee all and singular the chattels comprised in such Bill of Sale, and permit the grantee to take an inventory thereof; (vi.) That, if the grantor shall make default in Power of the payment of the principal or interest sale in case money t hereby secured or any other of default. moneys thereby secured or intended to be secured at the time provided for pay- ment thereof, or in the observance or performance of anyone of the covenants, terms, conditions, or agreements, whether expressed or implied, in such Bill of Sale, it shall be lawful for the grantee, without any further consent or concurrence on the part of the grantor, to enter into and upon the land, messuage, or tenement whereon the said chattels assigned are, or into or upon * No. 37, 1924, and amending Acts.

192 l\IERCANTILE LAW. Bills of Sale Acts Amend,ment Act. 5 GEO. VI. No. 13, any other land, messuage, or tenement on or in which such chattels, or any other chattels eomprised and included in such Bill of Sale respectively, may be, or may reasonably be supposed to be, and for that purpose to open or remove any outer or inner gate, door, fastening, or other obstruction, without liability to any action of trespass, or other proceeding for so doing; but with liberty to plead the leave and license i;hereby 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 chattels, and to remove the same 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 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 either 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 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 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 buying in, rescission, variance, or actual or attempted resale;

MERCANTILE LAW. 193 1941. Bills of Sale Acts Amendment Alit. (vii.) That it shall be lawful for the grantee, upon To execute or after any such sale as aforesaid, to make, : = ~ : ~ f enter into, sign, and execute all such contracts, carrying out agreements, deeds, instruments, and writings sale. as may be necessary or expedient for the purpose of making and effectuating any such sale, and which shall be as binding and conclusive upon and against the said grantor as if he or they had joined therein, or assented thereto. And also that the receipt or receipts in writing of the grantee for all purchase-money or other property which shall be paid or delivered to him, under or by virtue of the Bill of Sale, shall be a good and sufficient discharge or good and sufficient discharges to all purchasers or other persons paying or delivering the same, and that such purchaser or other persons shall not be required to see to the application, or be answerable for the misapplication or non- application thereof, or be bound or concerned to inquire into the propriety or expediency of any such sale or resale ; (viii.) That the grantee shall out of the moneys Purchase- which shall come to his h.ands by reason ofmapopnh? eyd ~ m o be any such sale or sales, ill the first place, Batisfac~ ion discharge the costs and expenses incurred or of Becunty. 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 shall retain the balance 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 shall pay to the grantor the surplus then remaining. (2.) The words" that the grantor will insure" in Abbreviated any Bill of Sale shall imply-that the grantor will fo~ of forthwith insure and, so long as any money shall remain ~:Bure." due from him to the grantee on the security of the Bill of Sale, keep insured in some public insurance office, to be approved of by the grantee, against loss or damage G

194 MEROANTILE LAW. Bills of Sale Acts Amendment Act. 5 GEO. VI. No. 13, 1941. by fire, in the name of the grantee, the 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, 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 other remedy) to insure the said chattels in manner aforesaid, and the money paid on account of such insurance shall be a charge on the said chattels. Saving. (3.) Any provIsIon of this section which is inconsistent with any provision of *" The Hire-purchase Agreement Acts, 1933 to 1940," shall to the extent of such inconsistency be absolutely void and of no legal effect whatsoever." Amendment of s. 4 of 3. The following paragraph is inserted after the the Act first paragraph of section four of the Principal Act, 55 Vic. No. 23, namely:- S s N . . o A 7 . . . , 2118973, 4, the f"iMrstordeaoyveorfevJaenryuaBryil, l oofneSatlheoeuxseacnudtendinoen hournadfrteedr and forty-two, shall be so registered within thirty days after the date of execution thereof." ,.. 25 G. 5 No. 9 and amending Acts. See v. 3, pp. 1023 et seg.