5. Bill of sale to be accompanied by schedule of property
Feedback & supportEvery bill of sale shall have annexed thereto or written thereon a schedule containing an inventory of the personal chattels comprised in the bill of sale, and such bill of sale, save as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in such schedule and shall be void in respect of any personal chattels not so specifically described.
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 money 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 *NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”– see the Interpretation (Amendment) Act 1997, subsection 5(2). 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 is 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) ante-nuptial marriage settlements; (c) transfers or assignments of any ship or vessel or 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 ports or at sea; (f) bills of lading, warehouse-keepers’ 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 authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such documents to transfer or receive goods thereby represented;
Save as hereinafter mentioned, every bill of sale shall be void except as against the grantor in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale.
personal chattels
“personal chattels” means goods, furniture and other articles capable of complete transfer by delivery, and trade machinery as hereinafter defined, and, when separately assigned or charged, fixtures and growing crops; but does not include chattel interests in real estate, nor fixtures, except trade machinery as herein after defined, when assigned together with any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow, nor shares or interests in the stocks, funds or securities of any government, or in the capital or property of incorporated or joint-stock companies, nor things in action;
Nothing in this section shall render a bill of sale void in respect of any of the following things—
any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed;
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any fixtures separately assigned or charged and any plant or trade machinery where such fixtures, plant or trade machinery are used in, attached to, or brought upon any land, plantation, factory, workshop, warehouse or other place in substitution for any of the like fixtures, plant or trade machinery specifically described in the schedule to such bill of sale.