18. There shall be paid and received in common law §§ 18-23. stamps the following fees, viz. : On filing a bill of sale 28. On filing the affidavit of execution of a bill of sale 2s. Fees. fees under 38 ing a bill of sale (to include the fee for filing) 5s. 19. Section twenty-six of the Supreme Court of Judi- Collection of cature Act, 1875, and any enactments for the time being & 39 Vict. in force amending or substituted for that section, shall c. 77, s. 26. apply to fees under this Act, and an order under that section may, if need be, be made in relation to such fees accordingly. 20. [Repealed.] c. 66. 21. Rules for the purposes of this Act may be made Rules. and altered from time to time by the like persons and in 36 & 37 Vict. the like manner in which rules and regulations may be 38 & 39 Vict. made under and for the purposes of the Supreme Court of Judicature Acts, 1873 and 1875. c. 77. registration. 22. When the time for registering a bill of sale expires Time for on a Sunday, or other day on which the registrar's office is closed, the registration shall be valid if made on the next following day on which the office is open. acts. 29 & 30 Vict. 23. From and after the commencement of this Act, the Repeal of Bills of Sale Act, 1854, and the Bills of Sale Act, 1866, 17 & 18 Vict. shall be repealed: provided that (except as is herein c. 36. expressly mentioned with respect to construction and with c. 96. respect to renewal of registration) nothing in this Act shall affect any bill of sale executed before the commencement of this Act, and as regards bills of sale so executed the Acts hereby repealed shall continue in force. Any renewal after the commencement of this Act of the registration of a bill of sale executed before the commencement of this Act, and registered under the Acts hereby §§ 23, 24. repealed, shall be made under this Act in the same manner as the renewal of a registration made under this Act. 24. This Act shall not extend to Scotland or Ireland. Extent of act. Sect. 11. of SCHEDULES. SCHEDULE A. day of I, A.B., do swear that a bill of sale, bearing date the 18 (insert the date of the bill), and made between (insert the names and descriptions of the parties in the original bill of sale), and which said bill of sale (or, and a copy of which said bill of sale, as the case may be) was registered on the day of 18 (insert the date of registration), is still a subsisting security. THE BILLS OF SALE ACT (1878) 45 & 46 VICT. c. 43. An Act to amend the Bills of Sale Act, 1878. [18th August, 1882.] WHEREAS it is expedient to amend the Bills of Sale Act, 1878: 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 Short title. Sale Act (1878) Amendment Act, 1882; and this Act and the Bills of Sale Act, 1878, may be cited together as the Bills of Sale Acts, 1878 and 1882. ment of Act. 2. This Act shall come into operation on the first day of CommenceNovember, one thousand eight hundred and eighty-two, which date is hereinafter referred to as the commencement of this Act. of Act. 3. The Bills of Sale Act, 1878, is hereinafter referred to Construction as "the principal Act," and this Act shall, so far as is con- 41 & 42 Vict. sistent with the tenor thereof, be construed as one with the c. 31. principal Act; but unless the context otherwise requires shall not apply to any bill of sale duly registered before the commencement of this Act so long as the registration thereof is not avoided by non-renewal or otherwise. §§ 3-6. Bill of sale to have schedule of property attached thereto. Bill of sale not to affect afteracquired property. Exception as to certain things. The expression "bill of sale," and other expressions in this Act, have the same meaning as in the principal Act, except as to bills of sale or other documents mentioned in section four of the principal Act, which may be given otherwise than by way of security for the payment of money, to which last-mentioned bills of sale and other documents this Act shall not apply. 4. Every bill of sale shall have annexed thereto or written thereon a schedule containing an inventory of the personal chattels comprised in the bill of sale; and such bill of sale, save as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in the said schedule; and shall be void, except as against the grantor, in respect of any personal chattels not so specifically described. 5. Save as hereinafter mentioned, a bill of sale shall be void, except as against the grantor, in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale. 6. Nothing contained in the foregoing sections of this Act shall render a bill of sale void in respect of any of the following things, that is to say: (1.) Any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed. (2.) Any fixtures separately assigned or charged, and any plant or trade machinery where such fixtures, plant or trade machinery are used in, attached to, or brought upon any land, farm, factory, workshop, shop, house, warehouse, or other place in substitution for any of the like fixtures, plant, or trade machinery specifically described in the schedule to such bill of sale. 7. Personal chattels assigned under a bill of sale shall not be liable to be seized or taken possession of by the grantee for any other than the following causes :(1.) If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment, or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security; (2.) If the grantor shall become a bankrupt, or suffer the said goods or any of them to be distrained for rent, rates, or taxes; (3.) If the grantor shall fraudulently either remove or suffer the said goods, or any of them, to be removed from the premises; (4.) If the grantor shall not, without reasonable excuse, upon demand in writing by the grantee, produce to him his last receipts for rent, rates, and taxes; (5.) If execution shall have been levied against the goods of the grantor under any judgment at law: Provided that the grantor may within five days from the seizure or taking possession of any chattels on account of any of the above-mentioned causes, apply to the High Court, or to a judge thereof in chambers, and such Court or judge, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels, or may make such other order as may seem just. attested and 8. Every bill of sale shall be duly attested, and shall Bill of sale to be registered under the principal Act, within seven clear be void unless days after the execution thereof, or if it is executed in any registered. place out of England, then within seven clear days after the time at which it would in the ordinary course of post |