Bills of Sale Amendment Act 1906 (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

EDWARD1 SEPTIA/I REGIS,

XIII.

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No. 13 of 1906.

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

[Assented to 28th November, 1906.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Bills of Sale Amendment Act, Short title.

1906, and shall be read as one with the Bills of Sale Act, 1899,

hereinafter referred to as the principal Act.

in sections three to thirteen, inclusive, of this Act the term " bill of sale " means a bill of sale by way of security, and includes all assignments, transfers, declarations of trust without transfer, and other assurances of personal chattels, and also powers of attorney, authorities, or licenses to take possession of personal chattels as security for the payment of money or the performance of an obligation. Interpretation.

2.

(i.) No bill of sale shall be registered under the provisions of the principal Act unless notice of the intention to register the	Notice of intention to register bill of
sale to be given.
same is lodged before the registration thereof at the office of the	See V., 1800, No.
Registrar at the Supreme Court. A fee of one shilling shall be	1103, s. 134.
paid on the lodgment of such notice.

3.

1906, No. 13.] Bills of ,Sale—Amendment. [6 EDW. VII.

(2.) If the bill of sale purports to have been executed by the grantor within any of the municipal districts mentioned in the First Schedule hereto, or within twenty miles thereof respectively, such notice shall be lodged seven days at least before the registration of the bill of sale.

(3.) If the bill of sale purports to have been executed by the grantor elsewhere, such notice shall be lodged fourteen days at least before the registration of the bill of sale:

Provided that the Governor may from time to time, by notice published in the Government Gazette, add to the number of municipal districts set out in the First Schedule hereto.

Form of notice. 4. Every notice of intention to register a bill of sale shall be in

Second Schedule.	the Form A in the Second Schedule to this Act, or to the like effect, and
Ibid., s. 135.	shall contain a statement of the particulars in such form mentioned, and shall specify an address to which notices of caveats may be posted, and the Registrar shall cause the date at which such notice is lodged to be marked thereon :
Provided that if the grantor of a bill of sale is an incorporated company, it shall be sufficient if the notice is in the Form B in the Second Schedule, and contains a statement of the particulars therein mentioned.

Notice to be indexed 5. (1.) The Registrar shall cause a book to be kept in which the

and open to inspec- names and addresses of all persons making or giving any bill of sale,

tion.

Ibid., s. 139.	herein called the grantors, specified in such notices, shall be entered in alphabetical order, with the dates at which such notices are lodged.
(2.) Such book shall be open to the inspection of any person, and any person may inspect and take a copy of any notice lodged as hereinbefore mentioned upon payment of a fee of one shilling.

Time within which	6. Notwithstanding any provision of the principal Act to the
bill of sale may be

filed. contrary, no bill of sale specified in any such notice shall be registered

ibid., s 137. before the expiration of seven days or fourteen days, as the case

may be, from the day of lodging such notice, or after the expiration of thirty clays from such day, unless a fresh notice is given or the time is extended by order of a Judge of the Supreme Court.

Caveat to stay 7. If a caveat is entered as hereinafter provided against the

filing.

registration of a bill of sale specified in any such notice, such bill of

Ibid., s. 138.

sale shall not be registered until the caveat is removed or with-

drawn as hereinafter provided.

Creditor may enter

civeat. ( I .) Any person claiming to be a creditor of the grantor in

Ibid., s. 139. such notice mentioned may enter a caveat against the registration

6 EDW. VII.] Bills of Sale—Amendment. [1906, No. 13.

of the bill of sale specified in the notice, by lodging such caveat with a copy for the grantor, or for each grantor if more than one. with the Registrar and paying a fee of one shilling.

(2.) Every such caveat shall be in the form in the Third Third Schedule.

Schedule hereto, or to the like effect, and shall contain the par- ticulars therein mentioned, and shall specify a place within the limits of the city of Perth at which notices relating to such caveat may be served ; and every notice relating to such caveat, if served at such place, shall be deemed to be duly served.

(3.) Such caveat shall be entered

(a.) within seven days from the day on which notice was

lodged under section three, if the bill of sale is

within the provisions of subsection two thereof ; or

(b.) within fourteen clays from the day on which notice

was lodged under section three, if the bill of sale is

within the provisions of subsection three thereof.

9. (1.) Upon the receipt of such caveat the Registrar shall cause Cave ,t to be notified

a copy thereof to be sent by post as a registered letter to the grantor to imolgagor , who	may summon •-
mentioned in the notice, at the address specified in the notice.	tor.

(2.) The grantor may summon the caveator before a Judge Aids.140.

of the Supreme Court in Chambers to show cause why his caveat should not be removed, and upon the return of such summons the Judge shall hear and determine whether the caveator is a creditor of the grantor.

(3.) Any person to whom the grantor is indebted on any account whatsoever, at law or in equity, on the balance of account or otherwise, and whether the debt is clue or to accrue clue, secured or unsecured, shall be deemed to be a creditor within the meaning of this section.

If on the hearing of such summons it appears that the caveator is a creditor of the grantor, the Judge may make an order	Judge may mass registration to he
stayed or remove
directing that no bill of sale shall be registered in pursuance of the	caveat.
notice mentioned in the caveat until the debt for which he shall be	I s. 141.
found to be a creditor be satisfied ; but if it does not appear that the caveator is a creditor of the grantor, the Judge may order that the caveat be removed, and upon service of the order upon the Registrar. he shall remove the caveat therein mentioned.

10.

(1.) A caveator may withdraw his caveat at any time by signing an application for the withdrawal thereof in the form in the

Caveat may be with-

drawn or removal

ordered at any time.

Fourth Schedule hereto, or to the like effect.

Fourth Schedule.

(2.) If after satisfaction of Ins debt before or after the making of any such order as hereinbefore mentioned, the caveator shall refuse to withdraw his caveat, or to sign an application for

Ibid.. s. 112.

11.

1906, No. 13.] Bills of Sale—Amendment. [6 EDW. VII.

the withdrawal thereof, the grantor may summon the caveator before a Judge, as hereinbefore mentioned, to show cause why the caveat should not be removed, and the Judge may order the removal of such caveat.

(3 .) Upon the service of the order upon the Registrar, he

shall remove the caveat therein mentioned.

(1.) Upon the hearing of any summons under this Act, the (2.) Any person not a creditor of the grantor entering a caveat without reasonable cause for considering himself to be a creditor, and any caveator refusing, without reasonable cause, to sign an application for withdrawal of his caveat after satisfaction of his debt, shall be liable-to pay the grantor such sum by way of compensation as the Judge, upon the hearing of any such summons, may deem just and may order.

Costs and compen- 12.

sation.

Ibid.. s. 143.	Judge may make such order as to costs as he may think fit.
not invalidated by

No notice of intention to file a bill of sale shall be deemed insufficient or invalid by reason only that in such notice there is an omission or incorrect or insufficient description or misdescription in respect of the particulars required to be contained in such notice, if the court, judge, magistrate, or justices before whom the validity of the bill of sale comes into question shall be satisfied that such omission or incorrect or insufficient description or misdescription was accidental or due to inadvertence, and was not of such a nature as to be liable to mislead or deceive any person to his prejudice or disadvantage.

Notice of intention 13.

misdaseription.

Certain errors in 14.

Notwithstanding anything to the contrary contained in the that in the bill of sale, or in an affidavit filed or to be filed in pur- suance of section eight of the principal Act, there is an omission or incorrect or insufficient description or misdescription of the residence or place of business and occupation of the grantor or grantee, or of ally attesting witness to such bill of sale, if the court, judge, or justice before whom the validity of such bill of sale shall come into question shall be satisfied that such omission or incorrect or insuffi- cient description or misdescription was accidental or due to inad- vertence, and was not of such a nature as to be liable to mislead or deceive.

affidavit filed under

Seeti m 8 not to in-	principal Act, no bill of sale shall be deemed invalid by reason only
validate bill of sale.
Affi lavit under
ectinu 16 may be

15.

Any affidavit of renewal of a duly registered bill of sale to be filed in pursuance of section sixteen of the principal Act may be made by any attorney under power of the person or of one of the persons entitled to the money secured by the bill of sale to which such affidavit or renewal relates, or by any person able to depose of his own knowledge as to the amount owing on the security of such bill of sale.

made by attorney.

ti Enw. VII.1 Bills of Sale—Amendment [1906, No. 13.

strikin g, out the word "fifteen," in line three, and by inserting the Section 12. 16. Section twelve of the principal Act is hereby amended by Amendment of

word "five " in lieu thereof.

17. Nothing in this Act shall affect the provisions of section Time for presenta- tion of bills of sale

ten of the principal Act whereby bills of sale are required to be	for registration not
presented for registration within the periods therein mentioned :	afrect ed.
Provided that a notice of intention to register a bill of sale, lodged in accordance with the provisions of this Act, shall be deemed to be a presentation for registration of such bill of sale for all the purposes of the principal Act.

18. Sections three to thirteen, inclusive, of this Act shall not Act not to apply to bill f sale of wool

apply to any bill of sale of wool or stock. separately or combined,	or s	took.
on any station, made bona fide for valuable consideration.
The term " station " means any land used wholly or in part for the purposes of depasturing stock. whether the same shall consist of freehold land or land held under lease or license, or partly of free- hold land or partly of land so held.

The term " stock" means and includes any sheep, cattle, or

horses. -

19.      This Act shall continue in force only until the thirtieth day nu•uss of Ant.

of November, One thousand nine hundred and nine.

1906, No. 13.] Bills of Sale—Amendment. [6 Pow. VII.

Section 3. First Schedule.

The Municipal Districts of

Perth, Fremantle

Section 4. Second Schedule.

Form "A."

NOTICE OF INTENTION TO REGISTER BILL OF SALE.

Property com-

Grantor or Grantors.	prised in	Consideration,	Grantee or Grantees.
Bill of Sale.

Name or Names in full; and,

Name or Names in Place Place

where the

full, and, where am Business of grantees Business of

Gran tors are nr Business 'B or Business

Occupa- lire a part

partnership firm, Or nership Occupa- or

the registered name	tion.	Resi-	firm, the	don.	Resi-
of such firm.	dence.	dence.

4.5	registered name of
such firm.

I [or we], the above-named grantor For grantors], mreby give notice that a bill of sale made by me [or us] on the day of 19 of the property above described, to the boye-named grantee or grantees], to secure

the debt or advances above mentioned, has been presented for registration, and

will be registered after the expiration of seven [or fourteen] days from the date

of lodging this notice, and I [or we] hereby direct that notice of any caveat which may be entered against the registration of such bill of sale may be

posted, addressed as follows [fill in «clilress]:

Dated this day of 19 .

Signature of grantor [or grantors] or his [or their] solicitor or agent.

Lodged this day of 19 .

To the Registrar of the Supreme Court.

6 Euw. VII.] Bills of Sale—Amendment. [1906. No.. 18.

Form "B."

NOTICE BY INCORPORATED COMPANY OF INTENTION TO REGISTER BILL OF SALE.

Property Com-

Urantor.	prised	Consideration.
Bill of Sale.

ieristered Office of

Registered Name of Company. Company.

The above-named grantor hereby gives notice that a b II of sa e made by the grantor on the day of , 19 , of the property above described, to secure the debt or advances above mentioned, has been presented for registration, and will be registered after the expiration of seven

[or fourteen] days from the date of lodging this notice, and notice of any caveat

which max be entered against the registration of such bill of sale may be posted,

addressed as follows [fill in address]:

Dated this day of , 19 .

Signature of secretary or other officer of company,

or its solicitor or agent.

Lodged this day of ,19

To the Registrar of the Supreme Court.

Third Schedule. Section 8.

CAVEAT.

To the Registrar of the Suprente Court.

TAKE NovicE that I [or we] [fill in name or names, or, if the caveators are a partnership firm not incorporated, the usual name or style of such firm, and the business, occupation, and place of business or residence of caveator or caveators], being a creditor [o • creditors] of Dill in e occupation, and place of business of grantor or grantors as described in his or their notice] in respect of a debt of .2

[state the a monnt cl«inted to be flue] due to me [or us] for [and the nature of the debt as "for goods sold and delivered," '• on balance of account current," "money lent," " rent," etc.] hereby forbid the registration of any bill of sale in pursuance

of the notice given by the said , lodged on the day

of ,19 , and 1 [or we] do hereby appoint [fill in address]

as the place at which notices and proceedings relating to this caveat may be

served.

Dated the day of , 190 .

Signature of caveator [or caveators] or Ins [or their] solicitor or agent.

Lodged the day of 190 .

Registrar of the Supreme Court.

1906, No. 13.] Bills of Sale—Amendment. [6 EDW. VII.

Section 11. Fourth Schedule.

APPLICATION TO WITHDRAW CAVEAT.

To the Registrar of the Supreme Court.

TAKE NOTICE that I [or we] [fill in the name or names, or if the caveators are a partnership firm not incorporated, the usual name or style of such firm, and the business, occupation, and place of business or residence of caveator or careators]

hereby withdraw the caveat lodged by me [or us] on the day of

19 , against the registration of the bill of sale specified iu the notice of [name of grantor or grantors] of [address] lodged on the day of ,

19               .

Signature of caveator [or caveators]

or his [or their] solicitor or agent.

By Authority : FRED. Wm. SIMPSON, Government Printer, Perth