PART II. Salaries and Expenses of the Court of Bankruptcy payable out of Moneys to be provided by Parliament for the purpose. Funds out of which Charges are now payable. Charges, Expenses, Acts. Chief Registrar's Ac- Salaries and pensions of Chief 5 & 6 Vict. c. 122. count. Chief Registrar's Ac- ment. Registrar, Registrar's Ac-12 & 13 Vict. c. 106. Compensations and pensions to 24 & 25 Vict. c. 134, s. 35. and former commissioners of Salaries, expenses, and con- 24 & 25 Vict. c. 134, s. 30. tingencies of officers of late Court for Relief of Insolvent FIFTH SCHEDULE. [Repealed by the Statute Law Revision Act, 1883.] THE BILLS OF SALE ACT, 1878. Short title. Commencement. Application of act. Interpreta 41 & 42 VICT. c. 31. An Act to consolidate and amend the Law for preventing Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the "Bills of Sale Act, 1878." 2. This Act shall come into operation on the first day of January, one thousand eight hundred and seventynine, which day is in this Act referred to as the commencement of this Act. 3. This Act shall apply to every bill of sale executed on or after the first day of January, one thousand eight hundred and seventy-nine (whether the same be absolute, or subject or not subject to any trust) whereby the holder or grantee has power, either with or without notice, and either immediately or at any future time, to seize or take possession of any personal chattels comprised in or made subject to such bill of sale. 4. In this Act the following words and expressions shall tion of terms. have the meanings in this section assigned to them respec tively, unless there be something in the subject or context repugnant to such construction (that is to say), The expression "bill of sale" shall include bills of sale, assignments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase moneys of goods, and other assurances of personal chattels, and also powers of attorney, authorities or licences to take possession of personal chattels as security for any debt, and also any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon, shall be conferred, but shall not include the following documents; that is to say, assignments for the benefit of the creditors of the person making or giving the same, marriage settlements, transfers or assignments of any ship or vessel or any share thereof, transfers of goods, in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorizing, or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented : The expression "personal chattels" shall mean goods, furniture, and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops, but shall not include chattel interests in real estate, nor fixtures W.B. TT § 4. §§ 4, 5. Application (except trade machinery as hereinafter defined), when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow, nor shares or interests in the stock, funds, or securities of any government, or in the capital or property of incorporated or joint stock companies, nor choses in action, nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement, or of the custom of the country, ought not to be removed from any farm where the same are at the time of making or giving of such bill of sale: Personal chattels shall be deemed to be in the "apparent possession" of the person making or giving a bill of sale, so long as they remain, or are in or upon any house, mill, warehouse, building, works, yard, land, or other premises occupied by him, or are used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken by or given to any other person: "Prescribed" means prescribed by rules made under the provisions of this Act. 5. From and after the commencement of this Act trade of Act to trade machinery shall, for the purposes of this Act, be deemed machinery. to be personal chattels, and any mode of disposition of trade machinery by the owner thereof which would be a bill of sale as to any other personal chattels, shall be deemed to be a bill of sale within the meaning of this Act. For the purposes of this Act "Trade machinery" means the machinery used in or attached to any factory or workshop; 1st. Exclusive of the fixed motive-powers, such as the water-wheels and steam-engines, and the steam- §§ 5, 6. 2nd. Exclusive of fixed power machinery, such 3rd. Exclusive of the pipes for steam, gas, and water in the factory or workshop. The machinery or effects excluded by this section from the definition of trade machinery shall not be deemed to be personal chattels within the meaning of this Act. "Factory or workshop" means any premises on which (a) In or incidental to the making any article or (b) In or incidental to the altering, repairing, orna- (c) In or incidental to the adapting for sale any article. 6. Every attornment, instrument, or agreement, not Certain being a mining lease, whereby a power of distress is given giving powers instruments or agreed to be given by any person to any other person by of distress to way of security for any present, future, or contingent debt this Act. or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security only, shall be deemed to be a bill of sale within the meaning of this Act, of any personal chattels which may be seized or taken under such power of distress. Provided, that nothing in this section shall extend to any mortgage of any estate or interest in any land, tenement, |