Secret Bills of Sale Act 1855 No 2a (NSW)

No. II.

An Act for prevent ing Frauds upon Creditors by Secret Bills of Sale of personal Chattels. [18th July, 1855.]

possessed of p roper ty and t h e grantees or holders of such Bills of enabled to keep u p the appearance of be ing in good circumstances and WH E R E A S frauds are frequent ly commit ted upon credi tors secret Bills of Sale of personal chat te ls whereby persons are

by

Sale have t h e power of t a k i n g possession of t h e proper ty of such persons to t h e exclusion of t h e rest of the i r creditors For r emedy whereof be it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales w i th t h e advice and consent of t he Legis la t ive Counci l thereof as follows :—

1. Eve ry Bi l l of Sale of personal chat te ls made after t h e pass ing of th i s Act e i ther absolutely or condit ionally or subject or not subject to any t rus t s and whereby the g ran tee or holder shal l have power e i ther w i t h or w i thou t notice a n d e i ther immedia te ly after the m a k i n g of such Bill of Sale or a t any fu ture t ime to seize and t ake possession of any proper ty and effects comprised in or made subject to such Bill of Sale and every schedule or inven tory Which shall be there to annexed or there in referred to or a t r u e copy thereof a n d of every a t t e s ta t ion of t h e execut ion thereof shal l toge ther w i th an affidavit of t h e t ime of such Bill of Sale be ing m a d e or given and a descript ion of t h e residence and occupat ion of the person m a k i n g or giving t h e same or in case t he same shal l be made or given by any person u n d e r or in t h e execut ion of any process t hen a description of t he residence a n d occupat ion of t he person agains t w h o m such process

shal l have issued and of every a t t e s t ing witness to such Bil l of Sale

be filed or recorded in t h e Office of t he Supreme Cour t w i th in th i r ty

days after t h e m a k i n g or giving of such Bil l of Sale (in l ike m a n n e r

as a w a r r a n t of a t to rney to confess j u d g m e n t in the Supreme Cour t is now by law requi red to be filed or recorded) otherwise such Bill of Sale shal l as aga ins t all assignees of the es ta te and effects of t he person whose goods or any of t h e m are comprised in such Bil l of Sale u n d e r t h e laws re la t ing to insolvency or unde r a n y ass ignment for t h e benefit of t h e credi tors of such person and as against all Sheriff's Officers and other persons seizing any proper ty or effects comprised in such Bill of Sale in t h e execut ion of any process of any Cour t of Law or E q u i t y au thor iz ing t h e seizure of t he goods of the person by w h o m or of whose goods such Bil l of Sale shal l have been m a d e and agains t every person on whose behalf such process shal l have been issued be n u l l and void to al l in ten t s and purposes whatsoever so far as regards t h e p roper ty in or r i gh t to the possession of any personal chat tels comprised in such Bill of Sale which a t or after t h e t i m e of fifing t he insolvent ' s or a credi tor ' s pet i t ion in such insolvency or of t h e exe­ cut ion by the debtor of such ass ignment for t h e benefit of his creditors or of execut ing such process (as t h e case m a y be) a n d after t he expira t ion of t he said period of t h i r t y days shall be in the possession or apparen t possession of t he person m a k i n g such Bill of Sale or of any person aga ins t w h o m t h e process shal l have issued unde r or in t he execut ion of which such Bil l of Sale shall have been made or given as t h e case may be.

2. I f such Bil l of Sale shall be m a d e or given subject to any
defeasance or condi t ion or declarat ion of t r u s t no t conta ined in t h e
body thereof such defeasance or condit ion or declarat ion of t r u s t shall for

for t h e purposes of th i s A c t he t a k e n as p a r t of such Bill of Sale and shall he wr i t t en on the same paper or pa rchmen t on which such Bil l of Sale shall he wr i t t en before t h e t ime when t h e same or a copy thereof respectively shall be filed otherwise such Bill of Sale shall be nu l l and void to all in ten t s and purposes as against t he same persons and as regards t h e same p rope r ty and effects as if such Bill of Sale or a copy thereof had not been filed according to t h e provisions of th i s Ac t .

3. The P r o t h o n o t a r y of t h e said Supreme Cour t shal l cause

every Bil l of Sale and every such schedule and inventory as aforesaid and every such copy filed in his said office unde r t he provisions of th i s Act to be numbered a n d shal l keep a book or books in his said office in which he shall cause to be fairly entered a n alphabet ical l ist of every such Bill of Sale conta in ing there in t h e n a m e addit ion and descript ion of t h e person m a k i n g or giving t h e same or in case t h e same shall be m a d e or given by any person u n d e r or in t h e execut ion of process as aforesaid t h e n the n a m e addi t ion and description of t he person against w h o m such process shall have issued and also of t he person to w h o m or in whose favour t he same shall have been given toge ther wi th the; n u m b e r and t h e dates of t he execut ion and filing of t h e same and t h e sum for which the same has been given and the t ime or t imes (if any) when t h e same is thereby made payable according to t h e form con­ ta ined in t h e Schedule to th is Ac t which said book or books and every Bill of Sale or copy thereof filed in t he said office m a y be searched and viewed by all persons a t all reasonable t imes pay ing to t h e officer for every search aga ins t one person the s u m of sixpence a n d no more and t h a t in addi t ion to t h e las t -ment ioned book t h e said P ro thono ta ry shall keep ano the r book or index in which he shal l cause to be fairly inser ted as and w h e n such Bills of Sale are filed in m a n n e r aforesaid t he n a m e addi t ion a n d descript ion of t he person m a k i n g or g iv ing the same or of t h e person against w h o m such process shall have issued as t h e case m a y be and also of t he persons to w h o m or in whose favour the same shall have been given b u t conta in ing no fur ther par t i cu la rs thereof which las t -ment ioned book or index all persons shall be per­ mi t t ed to search for themselves pay ing to t h e officer for such last- men t ioned search the sum of one shil l ing.

4. A n office fee of two shil l ings a n d sixpence and no more shall Bill of Sale or a copy thereof as aforesaid.

be paid to t h e said P r o t h o n o t a r y for filing and en te r ing every such

5. A n y person shall be ent i t led to have an office copy or an ext rac t of every Bil l of Sale or of t he copy thereof filed as aforesaid

upon pay ing for t he same a t t h e l ike ra te as for office copies of j udg ­

m e n t s in t h e said Supreme Court .

G. I t shal l be lawful for any J u d g e of t h e said Supreme Cour t to order a m e m o r a n d u m of satisfaction to be wr i t t en upon any Bill of Sale or copy thereof respectively as aforesaid if i t shall appear to h i m t h a t the debt (if any) for which such Bil l of Sale is given as securi ty shall have been satisfied or discharged.

7. I n cons t ru ing th is Ac t t h e following words and expressions

shall have t h e mean ings he reby assigned to t h e m unless t he r e be someth ing in t h e subject or con tex t r e p u g n a n t to such construct ions ( tha t is to say )—

The expression " Bil l of Sa le" shall inc lude bills of sale assign­ men t s t ransfers declarat ions of t r u s t w i thou t t ransfer and o ther assurances of personal chat te ls and also powers of a t to rney au thor i t ies or licenses to t ake possession of per­ sonal chat te ls as securi ty for any debt b u t shall no t inc lude t he following documents t h a t is to say ass ignments for t h e benefit of t he creditors of the person m a k i n g or g iv ing the

same

same mar r i age se t t lements t ransfers or ass ignments of any ship or vessel or any share thereof transfers of goods in t h e ordinary course of business of any t r ade or cal l ing bills of sale of goods in foreign pa r t s or a t sea bills of lading India wa r ran t s warehouse-keepers certificates war­ r an t s or orders for t he delivery of goods or any o ther documents used in t h e ord inary course of business as proof of t he possession or control of goods or au thor iz ing or pur­ po r t i ng to author ize ei ther by indorsement or by delivery t he possessor of such document to t ransfer or receive goods

the reby represented

The expression " personal chat te ls " shall m e a n goods furni­ t u r e fixtures and o ther art icles capable of complete t ransfer by delivery and shall no t include chat te l in teres ts in real es ta te nor shares or in teres ts in t he stock funds or securi­ t ies of any Government or in t h e capi tal or p roper ty of any incorpora ted or jo in t stock company no r choses in action nor any stock or produce upon any farm or lands which by v i r tue of any covenant or ag reement or of t he cus tom of t h e coun t ry ough t not to be removed from any farm where t h e same shall be at t he t ime of t h e m a k i n g or giving of such Bill of Sale

Persona l chat te ls shall be deemed to be in t he " apparen t pos­ ses s ion" of t he person m a k i n g or giving t h e Bill of Sale so long as t hey shall r emain or be in or upon any house mi l l warehouse bui ld ing works yard l and or other premises occupied by h im or as they shall be used and enjoyed by h im in any place whatsoever no twi th s t and ing t h a t formal possession thereof m a y have been t aken by or given to any other person.

8. N o t h i n g in this Ac t contained shall be deemed to affect t he

provisions of t h e present or any future A c t passed to give effect to

liens on wool and mor tgages on sheen cat t le and horses.

S C H E D U L E .

Name &c. Name &c. Whether Bill of Date Sum for

of the person of Sale Assignment Date When

making or giving of the person to Transfer or what of which

the Bill of Sale other Assurance and of and how

or of the whom made or whether absolute execu­ made or

person divested or conditional and filing. payable.

given. tion. given.

of property. and number.

3 K—VOL. 4. No. I I I .