Malaysia legislation
Section 8
Section 8
Possession to be taken under bill of sale under certain circumstances only
(a)
if the grantor makes 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;
(b)
if the grantor becomes a bankrupt or suffers the said chattels or any of them to be distrained for rent, or municipal or town board rates or assessments or otherwise;
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Bills of Sale
(c)
if the grantor fraudulently either removes or suffers to be removed from the premises the said chattels or any of them;
(d)
if the grantor does not without reasonable excuse upon demand in writing by the grantee produce to him his last receipts for rent and municipal or town board rates and assessments;
(e)
if execution has been levied against the goods of the grantor under process of any court.
(2)
All personal chattels seized or taken possession of under or by virtue of any bill of sale shall remain on the premises where they were so seized or taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day on which they were so seized or taken possession of.
(3)
The grantor may within five days from the seizure or taking possession of any chattels on account of any of the abovementioned causes, apply to the High Court, and such Court, 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 and may make such other order as seems just:
Provided that if the amount, the payment of which is secured by the bill of sale, does not exceed two thousand ringgit such application may be made to the Sessions Court having jurisdiction over the place in which such chattels are situate and such Sessions
Court shall have and may exercise in respect of such application all the powers conferred upon the High Court under this subsection.
Sales by public auction