✨ Text of Legislation




Defeazance or con-
dition of Bill of Sale
to be written on some
paper or parchment.

Registrar to keep
book containing par-
ticulars of each Bill
of Sale.

164

eess, then a description of the residence and occupation of the
person against whom such process shall have issued, and of every
attesting witness to such bill of sale be filed with the Registrar or
Deputy Registrar of the Supreme Court for the District, Division,
or Province within which such bill of sale shall be made or given,
within twenty-one days after the making or giving of such bill of
sale (in like manner as a warrant of Attorney in any personal
action is now by law required to be filed), otherwise such bill of
sale shall, as against all assignees of the estate and effects of the
person whose goods or any of them are comprised in such bill of
sale under any laws now or hereafter to be in force relative to Bank-
ruptcy or Insolvency, or under any assignment for the benefit of the
creditors of such person, and as against all Sheriff's officers and
other persons seizing any property or effects comprised in such bill
of sale, in the execution of any process of any Court of Law or
Equity, authorising the seizure of the goods of the person by whom
or of whose goods such bill of sale shall have been made, and
against every person on whose behalf such process shall have been
issued, be null and void to all intents and purposes whatsoever, so
far as regards the property in or right to the possession of any per-
sonal chattels comprised in such bill of sale, which at or after the
time of any bankruptcy or insolvency, or of the execution by the
debtor of such assignment for the benefit of his creditors, or of
executing such process (as the case may be), and after the expira-
tion of the said period of twenty-one days, shall be in the posses-
sion or apparent possession of the person making such bill of sale,
or of any person against whom the process shall have issued under,
or in the execution of which such bill of sale shall have been made
or given, as the case may be.

  1. If such bill of sale shall be made or given subject to any
    defeazance or condition or declaration of trust not contained in the
    body thereof, such defeazance or condition or declaration of trust
    shall, for the purposes of this Act, be taken as part of such bill of
    sale, and shall be written on the same paper or parchment on which
    such bill of sale shall be written, before the time when the same or
    a copy thereof respectively shall be filed, otherwise such bill of sale
    shall be null and void to all intents and purposes as against the
    same persons, and as regards the same property and effects, as if
    such bill of sale or a copy thereof had not been filed according to the
    provisions of this Act.

  2. The said Registrar or Deputy Registrar shall cause every
    bill of sale, and every such schedule or inventory as aforesaid, and
    every such copy filed in his said office under the provisions of this
    Act to be numbered, and shall keep a book or books in his said
    office, in which he shall cause to be entered an alphabetical list of
    every such bill of sale, containing therein the name, address, and
    description, as well of the person making or giving the same, as of
    the person to whom or in whose favour the same shall have been
    given, or in case the same shall be made or given under or in the
    execution of any process as aforesaid, then the name, addition, and
    description of the person against whom such process shall have



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 26





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Sections regarding filing requirements and conditions for Bills of Sale Registration Act, 1856. (continued from previous page)

πŸ›οΈ Governance & Central Administration
29 July 1856
Bills of Sale, Registration, Filing requirements, Defeasance, Bankruptcy, Supreme Court Registrar