Section 3

assignments for the benefit of the creditors of the person making or giving the same;

ante-nuptial marriage settlements;

transfers or assignments of any ship or vessel or share thereof;

transfers of goods in the ordinary course of business of any trade or calling;

bills of sale of goods in foreign ports or at sea;

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 authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such documents to transfer or receive goods thereby represented;

instruments charging or creating any security on or declaring trusts of imported goods given or executed at any time prior to their deposit in a warehouse, factory or store, or to their being reshipped for export, or delivered to a purchaser not being the person giving or executing such instrument;

“bill of safe” also includes as regards any personal chattels which may be seized or taken thereunder every attornment, instrument or agreement whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance or otherwise for the purpose of such security only, but does not include or extend to any charge of any land which the chargee being in possession demises to the chargor as his tenant at a fair and reasonable rent;

BILLS OF SALE

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“bill of sale” also includes agreements for the hire of personal chattels entered into for the purpose of securing the repayment to the lessor of such chattels of money advanced by him to the hirer, and the hirer shall in every case be deemed to be the grantor of the bill of sale and the lessor shall be deemed to be the grantee thereof;

“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 fixtures except trade machinery as hereinafter defined, when assigned together with any land or building to which they are affixed, nor growing crops when assigned together with any 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 companies nor choses in action;

“trade machinery” means the machinery used in or attached to any factory or workshop, exclusive of—

the fixed motive powers, such as the water-wheels and steam-engines, and the steam-boilers, donkey-engines and other fixed appurtenances of the said motive powers;

the fixed power machinery, such as the shafts, wheels, drums and their fixed appurtenances, which transmit the action of the motive powers to the other machinery, fixed and loose; and

the pipes for steam, gas and water in the factory or workshop;

“factory” or “workshop” means any premises on which any manual labour is exercised by way of trade or for purposes of gain in or incidental to the following purposes or any of them—

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the making of any article or part of an article;

the altering, repairing, ornamenting or finishing of any article;

the adapting for sale of any article.

No fixtures or growing crops shall be deemed to be

“separately assigned or charged” by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed, or from the land on which they grow, without otherwise taking possession of or dealing with such land or building, or land, if by the same instrument any interest in the land or building to which such fixtures are affixed, or in the land on which such crops grow, is also conveyed to the same person or persons.

Appointment of Registrars

*4. The Minister may appoint fit and proper persons to be

Registrars for each district for the purpose of this Ordinance.

*

Appointment of Registrar of the High Court in Sabah and Sarawak as Registrar for Kuching District—see G.N. 1654/67. For other Districts, District Officer of each District shall be the Registrar—see G.N. 734/49.

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Bill of sale to be void under certain circumstances unless attested and registered