Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068052869.pdf (Guyana)
1252 CH.

67.

BILLS OF SALE.

CHAPTER 67.

BILLS OF SALE.

[No.

XXII of 1916.

J [1st January, 1917.J Short title.

1.This Ordinance Sale Ordinance.

may be cited as the Bills of Applic�tion 2.This Ordinance shall apply to every bill of sale exe­ of Ortlinance.
cuted on or after the nineteen hun­ dred and seventeen, or subject or not subject to any trust), whereby the holder or grantee has power, either ately or at any future time, to seize or take possession any personal chattels comprised or made subject thereto.
first day of January, (whether and either immedi­ with or without absolute, therein notice, of Interpreta­ tion of terms : requires,- 3.In this Ordinance, unless the context otherwise '' bill of sale '' includes , bills of sale, assignments of trusts without transfers, attached, declarations of goods with receipt for purchase thereto moneys of goods, and , and also chattels or licences to take as security for any whether intended transfers, inventories or receipts other assurances of personal powers of attorney, authorities, possession of personal chattels debt, and also any agreement or not to be followed instrument, sonal chattels, thereon, lowing document�\ (a)assignments is conferred, but does not include that is to say, for the benefit of the creditors or to any charge or security by which a right in equity to any per­ by the execution of any other the fol­ or assign­ transfers of the person making or giving them, marriage settlements, ments of any ship or vessel thereof, transfers course of bills of sales of goods in foreign at sea, bi1ls of lading, warehouse-keepers orders for the delivery or of goods, or any certificates, or any share parts or of goods in the ordinary business of any trade or calling, India warrants, warrants exemptions : BILLS OF SALE.
CH.

67.
1253 used in the ordinary as proof of the posses­ other documents course of business sion or control purporting ment or by delivery, to transfer document represented; thereby of goods, to authorise, authorising by indorse­ the possessor of the goods or receive either or or (b)an instrument charging or creating any trusts of, im­ on, or declaring security ported goods, given or executed at any in a warehouse, time prior to their deposit or to their being reshipped factory, to a purchaser or delivered for export, being the person giving or executing instrument or store, not that that nothing in this paragraph of section forty-two of goods comprised described Provided shall affect the Proviso; operation of the Insolvency Ordinance in this ��!��r 180, in respect paragraph' if those goods would otherwise be goods within the meaning of sub-paragraph (c) of that section.
in any instrument saving of " personal chattels " means goods, furniture, other articles capable delivery, charged) include- and growing of complete :fixtures crops, but does not transfer and (when separately assigned and by or (i)any interest whatsoever in immovable pro­ perty; (ii):fixtures (except trade machinery after defined) a freehold or building interest or leasehold to which they are affixed; when assigned as herein­ together with in any land (iii)growing crops when assigned together with any interest grow; in the land on which they (iv)shares or interests funds, or of any Government, or in the in the stock, of incorporated or joint or property securities capital stock companies; in action; (v)choses (vi)any stock or produce upon any farm or lands which by virtue agreement ought not to be removed of any covenant or of the custom of the country from any farm or 1254 OH.
67.

BILLS OF SALE.
where they are at the time of making or giving of the bill of sale; personal chattels shall be deemed to be in the " appar­ '' of the person making or giving ent possession a bill of sale, so long as they remain or are in or upon any house, mill, warehouse, yard, land, or other premises occupied are used and enjoyed soever, thereof has been_ taken by or given to any other person; by him, or by him in any place what­ notwithstanding building, works, that formal possession " prescribed " means prescribed by rules made under the provisions of this Ordinance.
Application of Ordinance to trade machinery.

PART I.

4.-(1) From and after the commencement of this Ordi­ of this Ordinance, any mode by the owner thereof.

shall be deemed to be a bill of sale within the mean­ nance trade machinery, for the purposes shall be deemed to be personal chattels, and of disposition of trade machinery which would be a bill of sale as to any other personal chattels ing of this Ordinance.
(2)For the purposes ( a)'' trade machinery or attached sive of- of this Ordinance- ' ' means the machinery used in to any factory or workshop, exclu­ ' (i)the· fixed motive-powers, such as their and steam engines, and water-wheels their steam-boilers, and other fixed appurtenances; and donkey engines, (ii)the fixed power machinery, such as the shafts, appurtenances, drums, and their fixed which transmit wheels, .
I action of the motive-powers ' the to the other machinery, fixed and loose; and, (iii)the pipes for steam, gas, and water in the factory or workshop.

The machinery from the definition to be personal nance; or effects excluded of trade machinery by this sub-section shall not be deemed chattels within the meaning of this Ordi- (b)" factory or workshop on which any manual labour is exercised " means any premises by way of BILLS OF SALE.

OH.

67.
OH.

67.

1255 or for purposes trade, to the making of any article , or the altering, article finishing, sale of any article.

of gain, in or incidental or part of an g, for of any article, or the adapting repairing, ornamenti:µ d b d 5.

Every attornment, whereby instrument, or agreement a power of distress , not Certain or levy i1;1s�ruments h g1vmg powers o be t levy t t su Jee 0 an w ere y any rent 1s reserved this for the payment of 0rdinanc being a mining lease, .

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1s given or agree to e g!ven y any person to any ot er of distress d b .

b person by way of security · tmgent e t or a vance, or made payable interest pose of the security sale, within the meaning of this Ordinance, which may be seized sonal chattels power of distress.
for the pur- only, shall be deemed to be a bill of of any per- or taken under the for any present, d h b on that debt or advance, as a mode of providing or otherwise future, b or con-or · e. d b 1 h h or growing to be separately crops shall be deemed, 6.-(1) No fixtures Fixtures or or charged assigned under this Ordinance, growing • · d crops not to wor s, be deemed y reason on y t at t ey are ass1gne y separate b or that power is given to sever them from the land or sep_aratt to which they are affixed, or from the land on ::��1 building �he taking possession otherwise which they grow, passes e or land, if by the same iiis t�.��:;:, with the land or building, dealing instrument or building land on which those crops grow, is also conveyed assigned in the land are affixed, or in the or , any freehold to which those fixtures to the same person or persons.
or leasehold interest without of or tn\ (2)The same rule of construction fixtures including shall be applied to or growing this Ordinance the commencement of before all deeds or instruments, executed crops, and then subsisting under any insolvency, benefit of creditors, which takes place or is issued this Ordinance.
and in force, or execution liquidation, arising in all questions for the assignment of a court, of any process after the commencement of 7.Where a subsequent within bill of sale is executed Avoidanc of seven days after the.

execution of or on the expiration of certain du ,Jfoat e a prior unregistered bill of sale1 and comp:r;ises all or any bills of sale.
in the prior bill of comprised chattels part of the personal sale, then, if the subsequent for the same debt as is secured any part of that debt, it shall, security respects for the same debt or part thereof, or part thereof chattels the personal by the prior bill of sale, or for to the extent and so far as comprised in bill of sale is given as a security of which if is a e 1256 CH.

67.

BILLS OF SALE.
67.

BILLS OF SALE.

the prior bill, be absolutely satisfaction of the court having cognizance the subsequent purpose of sale, and not for the purpose of correcting some material of evading bill of sale was given in good faith for the void, unless it is proved to the error in the prior bill of the case that this Ordinance.

A ttes ta tion and regis­ tration of bills of sale.
under this Ordinance say,- 8.-(1) A bill of sale shall be attested and registered in the following manner, that is to ( a)the execution of every bill of sale shall be attested who ar� not parties witnesses by two credible thereto_; (b)the bill, with every schedule or inventory thereto referred or therein annexed copy of the bill and o.f every schedule tory, and of every attestation with an affidavit hour, and minute when the bill is made or g_iven, ,1 and of its due execution and attestation, and occupation to, and also a true or inven­ " the bill together of the execution of the date, and a of of description of the residence the person making or giving it (or if it is made or given by anyone under tion of any process, residence whom that process witness attesting to, and the copy and affidavit · the registrar and occupation is issued), of the or in the execu­ then a. description shall be filed with, and of every of the person against to the bill, shall be presented of deeds within seven clear days , after the making or giving of the bill, and a ' that a bill of sale has been filed shall be notice published one week after the filing; by the registrar within in the Gazette to any (c)if the bill of sale is made or given subject of trust, or declaration or condition, defeasance not contained ance, condition, to be part of the bill, and shall be written same paper or parchment in the body thereof, or declaration that defeas­ shall be deemed on the before the and shall be truly set forth in the therewith and shall copy filed under this Ordinance as part thereof, be void.
otherwise therewith the registration , registration, (2)If two or more bills of sale are given, comprising in whole or in part any of the same chattels, have priority respectively as regards those chattels.

in the order of the date of their registration they shall BILLS OF SALE.

CH.

67.

1257 (3) A transfer sale shall be attested need not be advertised.
or assignment and registered of a registered bill of like a bill of sale but 9.-(1) The registration of a bill of sale, whether exe-Renewal of registration.

of this Ordinance, cuted before or after the commencement must be renewed annually, one year elapses tration of a bill of sale without a renewal or further renewal (as the case may be), the registration void.
and if a period of more than or renewed regis- from the registration shall become (2)The renewal of a registration shall be effected an affidavit stating· the date of the and the as of the parties thereto filing with the registrar bill of sale and of the la�t registration names, residences, stated therein, security, SC e e ere to.
and the affidavit may be in form 1 given in the sh d 1 ce ue; form 1. and that the bill of sale is still a subsisting and occupations thereof, hdul h by (3)A renewal of registration shall not become neces- of the bill or assignment sary by reason only of a transfer of sale.

and occupation '') for the purposes in form 2 in the sche-Schedule.

form, the name, form 2. '

shall keep a book {in this Ordi-Form of of this regi9ter.
upon the filiug of a bill of sale or copy , enter therein or in any other prescribed 10.- (1) The registrar nance called " the register Ordinance, and shall, under this Ordinance dule hereto, residence, was made or given (or in case it was made or given by any person under or in the residence, process was issued, persons the other particulars scribed under this Ordinance, registered pective of the person against and also the name of the person or and to whom or in whose favour the bill was given), or to be pre- dates of their registration.
then the name, whom that of the person by whom the bill and shall number all bills shown in the schedule and occupation of process, execution in each year consecutively, according to the res- (2)Upon the filing of an affidavit of renewal the like Affidavit of renewal.

of the date and to the same bill, the addition entry shall be made, with number of the last previous entry and the bill of sale or copy originally filed shall be there- upon marked with the number affixed to the affida.vit renewal.
relating of (3)The registrar shall also keep an index of the names of the grantors ence to entries of registered bills of sale with refer­ in the register of the bills of sale given by • 1258 OH.

67.

BILLS OF SALE.

in and the index shall be arranged with the letters of the alphabet, so each of those grantors, divisions corresponding that all grantors whose surnames (and no others) arrangement alphabetical.
shall be comprised within each division begin with the same letter but the in one division, need not be strictly The registrar.

·11.

The registrar purposes of this Ordinance Governor of the registrar.

may appoint of deeds shall be the registra r for the , but any one officer whom the may perform all or any of the duties I Rectification of register.
12.Any judge of the Supreme Court on being satisfied of a bill of sale, or an affidavit to register within the time prescribed or mis-statement of any person, that the omission renewal thereof, ance, or the omission residence, or occupation due to inadvertence, may in his discretion sion or mis-statement to be rectified register of the true name, residence, extending the time for registration ditions (if any) as to security, otherwise, order the omis­ in the by the insertion or by on the terms and con­ or or as to any other matter, by this Ordi­ of the name, was accidental or notice by advertisement he thinks fit to direct.
or occupation, Entry of satisfaction.

13.Subject to and in accordance with rules to be made of this Ordinance, the registrar under and for the purpose may order a memorandum to be written upon a registered copy of a bill of sale, upon the prescribed evidence being given that the debt (if any) for which that or dis­ bill of sale was made or given has been satisfied .
charged of satisfaction Copies and searches: 14.-(1) Anyone shall be entitled to have an office copy of any registered bill of sale and affidavit of filed therewith, or copy thereof and of any affi­ (if any), or registered affidavit of of documents or extract execution davit filed therewith renewal, copies of a registered office copy thereof, trators or other persons, evidence as shown thereon.
upon paying for it at the like rate as for office of the Supreme Court, and any copy bill of sale and affidavit purporting to be an shall in all courts and before all arbi­ be admitted as prima facie thereof, and of the fact and date of registration (2)From and after the commencement nance anyone shall be search the register of this Ordi­ times to entitled at all reasonable cents 1 on payment of a fee of twenty-four • BILLS OF SALE.

CH.

67.
CH.

67.

1259 fee, and subject to the prescribed and shall be entitled or any other prescribed regulations, to inspect, registered written ence thereto, : bill of sale inspected examine, bill of sale, without application, or to specify and make extracts upon payment of twenty-four in refer­ any particulars cents for each at 1111 reasonable times from, any and every being required to make a Provided that those extracts shall be limited to the dates Proviso.
and of execution, registration, renewal satisfaction, to and occupations of the parties, further to the amount of the consideration, the names, addresses, of registration, particulars.

prescribed and to any 15.Every affidavit required by or for the purposes may be sworn before a commissioner this Ordinance oaths and whoever for the purposes of wilful and corrupt wilfully makes or uses any false affidavit shall be deemed guilty of this Ordinance perjury.

of Affidavits.

for .

16.


There shall be paid and received fees, Fees.

the following VIZ.

:- On filing a bill of sale On filing the affidavit of execution of a bill $1 00 of sale 1 00 On filing the affidavit registering for filing) .

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1 of re­ for the purpose the fee a bill of sale (to include 00 For publication .

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trar in the Gazette of any notice by the regis- 1 50 17.Regulations purposes of this Ordinance may be made and ,for the making of fees and for the Regulations.

from time to time by the Governor and Legislative general altered Council.

18.When the time for registering a bill of sale expires Time £or on a Sunday, or other day on which the registrar's is closed, following the registration day on which the office is open.

shall be valid if made on the next office registration.

PART II.
PART II.

19.This part of this Ordinance of sale as in this Ordinance wise than by way of security shall not apply to bills ApplicaJi_on defined which are given other-�: ¥a,��ifns for the payment of money.

I 1260 OH.

67.

BILLS OF SALE.

Schedule to bill of sale.


20.Every bill of sale shall have annexed thereto thereon a schedule containing or written the personal chattels comprised in the bill of sale; and the bill of sale except mentioned, only in respect in that schedule, grantor, in respect cally described.
effect specifically described and shall be void, except against the of any personal chattels of the personal chattels as hereinafter an inventory shall have not so specifi­ of Bill of sale not to affect after­ acquired property_ 21.Except as hereinafter mentioned, the grantor, a bill of sale shall in respect of any be void, save as against personal chattels thereto of which the grantor time of the execution of the bill of sale.
specifically described in the schedule was not the true owner at the Exception as to certain tirings.
contained 22.Nothing sections of this of any Ordinance shall render a bill of sale void in respect of the following (a)any growing crops separately in the foregoing that is to say- things, assigned growing or charged at the time separately where they were actually when the bill of sale was executed; or charged, and when used in, (b)any fixtures any plant, or trade machinery, attached to, or brought upon, any land, farm, factory, other place, fixtures, described plant, in the schedule in substitution or trade machinery to the bill of sale.
for any of the like workshop, assigned shop, house, warehouse, or specifically Bill of sale with power to seize (except in certain events) to be void: 23.Personal chattels assigned to be seized or taken into possession under a bill of sale shall by the for any other than the following causes, namely, not be liable grantee if the grantor- (a)makes default in payment of the sum or sums of or in the performance of at the time therein money thereby secured vided for payment, any covenant or of sale necessary an insolvent them to be distrained removes either contained for maintaining or suffers the goods or any of for rent, rates or taxes; the goods, or suffers agreement in the bill pro­ (c)fraudulently (b)becomes (d) them or any of them to be removed, premises; does not, without in writing last receipts by the grantee, for rent, rates, excuse upon demand produce and taxes; reasonable to him his from the the security; BILLS OF SALE.
CH.

67.

1261 Provided his goods under (e)has had execution levied against at law : any .judgement may within five days from the Proviso.

that the grantor of any chattels seizure on account or taking possession any of the above-mentioned causes, Court, or to judge thereof judge, if satisfied the cause of seizure grantee any order that seems just.
no longer exists, or selling apply to the Supreme and the Court or the or may make the chattels, may restrain from removing in chambers, that by payment of money or otherwise of shall be BiH of sale as in that section 24.
Every bill of sale to which Part II applies eight of this Ordinance duly attested as in section be registered and advertised within seven clear days after the execution it is executed in any place out of the colony, seven clear days after the time at which it would in the if posted imme- ordinary diately the consideration of sale shall be void in respect therein.
comprised after the execution thereof; for which it was given; otherwise and shall truly set forth the bill chattels and shall � provided and of the personal of post arrive in the colony then within thereof, course e void � nl att�:!ed or, if registered.

25.

A bill of sale made or given by way of security the payment of money by the grantor thereof unless made in accordance with hereto.
for Form of bill shall be void of sale; form 3· form 3 in the schedule 26.Every bill of sale made or given in consideration of any sum under fifty dollars shall be void.

Bill of sale _ s50 to under be vmd.


27.All personal chattels seized or of which possession Chattels not of this Ordinance, of a bill of sale (whether is taken after the commencement or by virtue after the commencement on the premises where they were so seized sion of, and shall not be removed or sold until after the of five clear days from the day they were so expiration seized or so taken under �m�ved or before or 5old.

shall remain or so taken posses- of this Ordinance), possession registered of.
28.A bill of sale to which this Ordinance shall Bill of sale rotect included ��!t��1; which but for that bill of sale would have been against ary or of personal chattels in respect applies under summary-or parate execution for the recovery ;�: be no protection therein liable of taxes.

execution.

1252 CH.

67.

BILLS OF SALE.

SCHEDULE.

Fom,1 1.

(Section 9.)

I (A.B.

), .


, of , do swear that a bill of sale, the date of , 19 (insert the parties the names and descriptions of and which said bill of sale (or, and a copy of which day of (insert date the and ma.de between bearing the bill), in the orginal bill of sale), said bill of sale, as the case may be) was registered of security.

, 19 (insert on the date of registration), is still a subsisting day Sworn, etc.

FORM 2.

(Section 0.)

"'d.,....


ll cl " cl -j ..: " " � .,, 6 :3 '" " a:i z By whom given (or a.gain.st whom process issued).

"., " � d 8 0 '" 0 d " -cl 6 � §< ,,, "' d ., 0 0 z p:; ::i ·s.i 0 E-< I> " d .

!'

..; ' 5 o� l\ .... 0 § .s Or .t: B " ,.

: � d "'a -a § ..

.

:a "O �-z � -::·err .... "O "O s Cl f!

� 0 " c c.., '".., l' ::, " �e .... d fiij3 .., 8 ce z e:; _J,, ' ,, I I ., ,, ·,"I � ce j I. '

I FORM 3.

25.)

(Section FORM OF BILL Ol,' SALE FOR SECURITY OF PAYMENT OF MONEY.
This Indenture made the day of A.B., of the other part, witnesseth now paid to A.B.

by G.D., the receipt ledges assign (or whatever else the consideration unto G.D., his executors, , of the one part, of the sum of $ that in consideration administrators, and G.D., of of which the said A.B.

hereby acknow­ may be), he the saicl A.B.

doth hereby and assigns, all and singular , between , of BILLS OF SALE.

CH.

67.
CH.

67.

1263 in the schedule hereto thereon chattels of the sum of $ for the payment and things specifically described And the said A.B.

doth further the several annexed by way of security and interest at the rate of ever else may be the rate).

that he will dnly pay to the said G.D. the principal with the interest then due, by equal payments of $ (or whatever day of on the times or time of payment).

G.D. that he will (here insert which the parties Provided And the said A.B.
doth also agree with the said terms as to insurance, may agree to for the maintenance payment or defeasance per centum per annum (or what- agree and declare.

always, that the chattels shall not be liable sum aforesaid, hereby assigned of rent, together or otherwise, of the security).

else may be the stipiilated to seizure than those specified or to be taken possession in section twenty-three hereof.

of by the said G.D. for any cause other etc.

In witness, Sign ed by the said A.B.


in the presence of us E.F. and G.H.

(add witnesses' names, address, and description).

VoL.

n.-39