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§§ 7, 8.

Extent of act.

goods, or authorizing or purporting to authorize,
either by endorsement or by delivery, the pos-
sessor of such document to transfer or receive
goods thereby represented:

The expression "personal chattels" shall mean
goods, furniture, fixtures, and other articles
capable of complete transfer by delivery, and
shall not include chattel interests in real estate,
nor shares or interests in the stock, funds, or
securities of any Government, or in the capital or
property of any incorporated or Joint Stock Com-
pany, nor choses in action, nor any stock or pro-
duce 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 shall be at the time of the
making or giving of such bill of sale:
Personal chattels shall be deemed to be in the "ap-
parent possession" of the person making or
giving the bill of sale, so long as they shall
remain or be in or upon any house, mill, ware-
house, building, works, yard, land, or other pre-
mises occupied by him, or as they shall be used and
enjoyed by him in any place whatsoever, not-
withstanding that formal possession thereof may
have been taken by or given to any other person.

8. This Act shall not extend to Scotland or Ireland.

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THE BILLS OF SALE ACT, 1866.

29 & 30 VICT., CHAP. 96.

An Act to amend the Bills of Sale Act, 1854.

[10th August, 1866.]

WHEREAS an Act of Parliament was passed in the eighteenth year of the reign of Her present Majesty,

17 & 18 Vict. chapter thirty-six, intituled "An Act for preventing

c. 36.

§§ 1-4.

Construction of Act.

Short titles.

Definition of registration of a bill of sale.

Frauds upon Creditors by secret Bills of Sale of Personal Chattels," and it is expedient that the said Act, hereinafter referred to as the "Principal Act," should be amended:

Be it therefore 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. The Principal Act and this Act shall, as far as is consistent with the tenor of such Acts, be construed together.

2. The Principal Act may be cited as "the Bills of Sale Act, 1854," and this Act may be cited as "The Bills of Sale Act, 1866."

3. The filing of a bill of sale, or a copy thereof, with the affidavit required by the Principal Act, is hereinafter referred to as the registration of a bill of sale.

4. The registration of a bill of sale under the Principal Act shall, during the subsistence of such security, be renewed in manner hereinafter mentioned once in every period of five years, commencing from the day of the registration, and, if not so renewed, such registration shall cease to be of any effect at the expiration of any period of five years during which a renewal has not been made as hereby required, subject to this provision, that where a period of five years from the original registration of any bill of sale under the Principal Act has expired before the First day of January One thousand eight hundred and sixty-seven, such bill of sale shall be as valid to all intents and purposes as it would have been if this Act had not been passed, if such registration be renewed in manner aforesaid before the First day of January One thousand eight hundred and sixty-seven.

5. The registration of a bill of sale shall be renewed by some person filing in the office of the Masters of the Court of Queen's Bench (being the officers acting as Clerk of the Docquets and Judgments in the said Court) an affidavit stating the date of such bill of sale, and the names, residences, and occupations of the respective parties thereto as stated therein, and also the date of the registration of such bill of sale, and that such bill of sale is still a subsisting security, and such Masters shall thereupon number such affidavit and renumber the original bill of sale or copy filed in the said office with a similar number.

§§ 4-6.

Renewal of
registration
of bills of sale.

Mode of re

newing bill

of sale.

7 W. 4 &

1 Vict. c. 30,

ss. 1 & 3.

bear a 5s. stamp.

6. Every affidavit renewing the registration of a bill of Affidavit to sale shall bear an adhesive common law stamp of the value of five shillings, and may be in the form given in Schedule A. to this Act, and no further fee shall be payable on filing such affidavit.

§ 7-10.

Masters of

Queen's Bench

containing

particulars of each bill of sale and affidavit.

7. After the passing of this Act, instead of the books directed to be kept by the third section of the Principal to keep a book Act, there shall be kept at the said office one book only, in which shall be fairly inserted, as and when such bills of sale or copies as required by the Principal Act, or affidavit of renewal as required by this Act, are respectively filed, the name, residence, and occupation of the person by whom the bill of sale was made or given, or in case the same was made or given by any person under or in the execution of process, then the name, residence, and occupation of the person against whom such process was issued, and also the name of the person or persons to whom or in whose favour the said bill of sale was given, together with the number affixed to the said bill of sale or copy as directed by the Principal Act or by this Act (as the case may be); and the date of the said bill of sale or copy, and of the registration thereof, and the date of the filing the said affidavit of renewal, and all such particulars shall be entered according to the form given in Schedule B. to this Act; and the said book, and every bill of sale or copy and affidavit filed as aforesaid, may be searched and viewed by all persons at all reasonable times upon payment for every search against one person of the fee or sum of one shilling and no more, which fee shall be paid by a common law stamp.

Book, &c. may be searched on payment of one shilling.

Office copies

of affidavits

8. Any person shall be entitled to have an office copy to be supplied of such affidavit of renewal as is required to be filed under this Act upon paying for the same at the like rate as for office copies of bills of sale filed under the Principal Act.

on payment

for same.

Affidavits

may be sworn

9. Any affidavit required by the Principal Act or this before one of Act may be sworn before one of the Masters of the Court

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Bench.

Application

10. All enactments for the time being in force relating

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