10. Mode of registering bills of sale
Feedback & supportA bill of sale shall be attested and registered under this Act as provided in this section.
bill of sale
“bill of sale” includes 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 does not include the following documents:(a)assignments for the benefit of the creditors of the person making or giving the same;(b)antenuptial marriage settlements;(c)transfers or assignments of any ship or vessel or any share thereof;(d)transfers of goods in the ordinary course of business of any trade or calling;(e)bills of sale of goods in foreign parts or at sea;(f)bills of lading, warehouse-keeper’s 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 authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such documents to transfer or receive goods thereby represented;
The execution by the grantor of every bill of sale shall be attested —
by an advocate and solicitor of the Supreme Court not being the advocate and solicitor of the grantee;
by a Magistrate or by the Registrar or the Deputy Registrar of the Supreme Court;
by a commissioner for oaths; or
by the registrar or deputy registrar hereinafter mentioned,who shall personally explain to the grantor the effect thereof, and the attestation shall state that before the execution of the bill of sale the effect thereof was so explained as aforesaid.
Such bill, with every schedule or inventory thereto annexed, and also a true copy of such bill and of every such schedule or inventory and of every attestation of the execution of the bill, together with a statutory declaration of the time when the bill was executed by the grantor and of its due execution and attestation, and a description of the residence and occupation of the grantor, or in case the same is made or given by any person under or in the execution of any process, then a description of the residence and occupation of the person against whom such process issued, and of the grantee, and of every attesting witness to the bill, shall be presented to, and the said copy and declaration shall within 3 clear days after the execution by the grantor of the bill be filed with the registrar of bills of sale, who is hereinafter referred to as the registrar.
If the bill of sale is made or given subject to any defeasance or condition or declaration of trust not contained in the body thereof, such defeasance, condition or declaration shall be deemed to be part of the bill and shall be written on the same paper therewith before the registration, and shall be truly set out in the copy filed under this Act therewith and as part thereof, otherwise the registration shall be void.