If the grantor or witness exercises more than one occupation, Chap. XIV. it would seem to be sufficient if the principal occupation is § 2 (xv). stated in the affidavit (ƒ).

A future occupation which is merely in prospect, and has not actually commenced (g), or an occupation which has ceased (1⁄2), need not be described. But the ordinary occupation of a person should be stated, though he is out of employment at the time of making the affidavit (i).

xvi.-Renewal of Registration.-By sect. 11 of the Act of 1878, it is enacted as follows:

"The registration of a bill of sale, whether executed before or Renewal of after the commencement of this Act, must be renewed once at least registration. every five years, and, if a period of five years elapses from the registration or renewed registration of a bill of sale without a renewal or further renewal (as the case may be), the registration shall become void.

"The renewal of a registration shall be effected by filing with the registrar an affidavit stating the date of the bill of sale, and of the last registration thereof, and the names, residences, and occupations of the parties thereto as stated therein, and that the bill of sale is still a subsisting security.

"Every such affidavit may be in the form set forth in the schedule (A.) to this Act annexed.

"A renewal of registration shall not become necessary by reason only of a transfer or assignment of a bill of sale.”

A bill of sale, the registration of which has become void for want of renewal, cannot be renewed under sect. 14 of this Act, which empowers the Court to rectify the register on being satisfied that an omission to register, or a defect in the registration, was accidental or due to inadvertence, or under sect. 23, which prescribes the mode of renewing registration of bills made under the former Acts (k).

omission to re-register.

The Act of 1882 (7) does not apply to any bill of sale regis- Effect of tered before its commencement unless avoided by non-renewal or otherwise; and if the registration of a bill of sale becomes void by omission to renew, the bill will still be good as between

(f) Throssell v. Marsh, 53 L. T. 321; Exp. National Deposit Bank, Re Wills, 26 W. R. 624. The rule appears to be different in Ireland. See Re Fitzpatrick, 19 L. R. Ir. 206.

(g) Exp. Chapman, Re Davey, 45 L. T. 268.

(h) Exp. National Mercantile Bank, 15 Ch. D. 42, C. A.

(i) Sharp v. McHenry (No. 2), 38 Ch. D. 427.

(k) Re Emery, Exp. Off. Rec., 21 Q. B. D. 405, C. A.

(1) See sect. 3 of that Act.

Chap. XIV. grantor and grantee (m). So a subsequent bill of sale given by § 2 zvi). the grantee will be good as against an execution creditor of the first grantor who was not in existence at the time when the second bill was given (n).

The affidavit.

Form of register.

Rectification

of register.

But a bill of sale registered since the commencement of this Act (0) will be void for all purposes unless duly re-registered (p). The affidavit must state the name and residence stated in the bill of sale, although they be erroneous (7). It is sufficient if the residence of the witness is stated in the introductory part of the affidavit, although it is not in the body (»).

xvii.—The Register.-By sect. 12 of the Act of 1878, it is enacted as follows:

"The registrar shall keep a book (in the Act called 'the register') for the purposes of the Act, and shall, upon the filing of any bill of sale or copy under the Act, enter therein in the form set forth in the second schedule (B.) to the Act annexed, or in any other prescribed form, the name, residence, and occupation of the person by whom the bill was made or given (or in case the same was made or given by any person under or in the execution of process, then the name, residence, and occupation of the person against whom such process was issued), and also the name of the person or persons to whom or in whose favour the bill was given, and the other particulars shown in the said schedule or to be prescribed under the Act, and shall number all such bills registered in each year consecutively, according to the respective dates of their registration.

"Upon the registration of any affidavit of renewal the like entry shall be made, with the addition of the date and number of the last previous entry relating to the same bill, and the bill of sale or copy originally filed shall be thereupon marked with the number affixed to such affidavit of renewal.

"The registrar shall also keep an index of the names of the grantors of registered bills of sale with reference to entries in the register of the bills of sale given by each such grantor."

By sect. 14 of the same Act it is enacted that—

'Any judge of the High Court of Justice, on being satisfied that the omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by this Act, or the omission or misstatement of the name, residence, or occupation of any person, was accidental or due to inadvertence, may, in his discretion, order

(m) Cookson v. Swire, 9 App. Ca. 653.

(n) Antoniadi v. Smith, (1901) 2 K. B. 589, C. A.

(o) 31st October, 1882.

(p) Fenton v. Blythe, 25 Q. B. D. 417.

(a) Exp. Webster, Re Morris, 22 Ch. D. 136.

(r) Blaiberg v. Parke, 10 Q. B. D. 90.

such omission or misstatement to be rectified by the insertion in the Chap. XIV. register of the true name, residence, or occupation, or by extending § 2 (xvii). the time for such registration on such terms and conditions (if any)

as to security, notice by advertisement or otherwise, or as to any other matter, as he thinks fit to direct."

The Court of Appeal has no jurisdiction under this section (s). The jurisdiction of a judge, under this section, as to rectification is limited to the register, and does not enable him to rectify mistakes in the affidavit (t). Possibly, however, an extension of time for registration might be granted under this section so as to enable a fresh affidavit to be filed (u).

The jurisdiction will not be exercised after third parties have acquired rights (x); and the time of registration or re-registration cannot be extended, so as to defeat the right of an execution creditor (y) or of a trustee in bankruptcy (≈).

The section is not retrospective (a).

By sect. 16 it is enacted as follows:

66

Any person shall be entitled to have an office copy or extract Office copies. of any registered bill of sale, and affidavit of execution filed therewith, or copy thereof, and of any affidavit filed therewith, if any, or registered affidavit of renewal, upon paying for the same at the like rate as for office copies of judgments of the High Court of Justice; and any copy of a registered bill of sale, and affidavit purporting to be an office copy thereof, shall in all Courts and before all arbitrators or other persons, be admitted as prima facie evidence thereof, and of the fact and date of registration as shown thereon."

By sect. 16 of the Act of 1882 (repealing in part sect. 16 of the Act of 1878), any person may search the registry on payment of one shilling or other prescribed fee, and inspect and make extracts from registered bills of sale; which extracts are limited to the date of execution, and other prescribed particulars. The office copy of the registry was held valid evidence under 14 & 15 Vict. c. 99, s. 14 (b).

The book kept under the Act is within 13 & 14 Vict. c. 99, s. 44, and a certified copy of it is admissible in evidence, and as

(s) Exp. Webster, Re Morris, 48 L. T.

295.

(t) Crew v. Cummings, 21 Q. B. D. 420, C. A.

(u) Re Dobbins' Settlement, 56 L. J. Q. B. 295.

(x) See, however, Re Spiral Globe Co., (1902) 1 Ch. 396.

(y) Crew v. Cummings, supra.

() Re Parsons, Exp. Furber, (1893)

2 Q. B. 122, C. A.

(a) Re Emery, Exp. Off. Rec., 21 Q. B. D. 405, C. A.

(b) Sutton v. Bath, 3 H. & N. 382; Grindall v. Brendon, 6 C. B. N. S. 698.

Chap. XIV. the bill of sale and affidavit must be filed simultaneously, the § 2 (xvii). date of the affidavit can be inferred from the date of filing the bill (c).

Fees.

Transfers, &c. need not be registered.

Transfer and further charge.

Sub-mortgage

by deposit

A copy of a bill of sale is not to be filed in any Court, unless the original, duly stamped, is produced to the proper officer (d). As to fees, see sects. 18 and 19 of the Act of 1878.

xviii.-Transfers and Assignments of Bills of Sale.-Sect. 10 of the Act of 1878 further enacts that

"A transfer or assignment of a registered bill of sale need not be registered."

If, upon a transfer, a further sum is advanced, the deed is an effectual security for the amount owing in respect of the original advance without registration (e); but it would seem doubtful whether the deed, unless registered, would be a valid security for the further sum (ƒ).

A memorandum by way of sub-mortgage given by the holder of bill of sale. of a registered bill of sale, accompanied by a deposit of the bill, is within the protection of this section, and does not require registration, though the transferee subsequently acquires the equity of redemption under the bill of sale (g).

Registration

of transfer

will not validate unregistered bill of sale.

Assignee register.

must re

The grantee of a bill of sale cannot by assignment pass to the assignee a better title than he has himself (); and, accordingly, where a grantee under an unregistered bill of sale assigned the goods comprised therein by a bill of sale duly registered, it was held that the want of registration of the original bill vitiated the title of the assignee (i).

Though the assignment need not be registered, the assignee must re-register the original bill of sale every five years (k).

xix.-Vacation of Bills of Sale.-A bill of sale is vacated without re-assignment by a memorandum of satisfaction in the prescribed manner.

(c) Grindall v. Brendon, sup.
(d) Stamp Act, 1893 (56 & 57 Vict.
c. 41), s. 41.

(e) Horne v. Hughes, 6 Q. B. D. 676,
C. A.

(f) Ibid., at p. 683. See Wale v. Commissioners of Inland Revenue, 4 Ex. D. 270.

(g) Exp. Turquand, Re Parker, 14

Q. B. D. 636, C. A.

(h) Exp. Odell, Re Walden, 39 L. T. 333; this point is not referred to in S. C., 10 Ch. D. 76.

(i) Chapman v. Knight, 5 C. P. D. 308; but see Antoniadi v. Smith, (1901) 2 K. B. 589.

(k) Karet v. Kosher Meat Association, 2 Q. B. D. 361.

By sect. 15 of the Bills of Sale Act, 1878, it is enacted Chap. XIV. that :§ 2 (xix).

"Subject to and in accordance with any rules to be made under Entry of and for the purposes of this Act, the registrar may order a memo- satisfaction. randum of satisfaction to be written upon any registered copy of a bill of sale upon the prescribed evidence being given that the debt, if any, for which such bill of sale was made or given has been satisfied or discharged."

By the Rules of the Supreme Court, O. LXI. (7), it is provided as follows:

R. 26. "A memorandum of satisfaction may be ordered to be Memorandum written upon a registered copy of a bill of sale, on a consent to the of satisfaction satisfaction, signed by the person entitled to the benefit of the bill of bills of of sale, and verified by affidavit, being produced to the registrar, and filed in the Central Office."

sale.

tion.

R. 27. "Where the consent in the last preceding rule mentioned Order for cannot be obtained, the registrar may, on application by summons, memorandum and on hearing the person entitled to the benefit of the bill of sale, of satisfacor on affidavit of service of the summons on that person, and in either case on proof to the satisfaction of the registrar that the debt (if any) for which the bill of sale was made has been satisfied or discharged, order a memorandum of satisfaction to be written upon a registered copy thereof."

The affidavit verifying the signature and consent of the person Affidavit. entitled to the benefit of a bill of sale to the entry of satisfaction

of the bill of sale need not be made by a solicitor (m).

The Act of 1878,

xx.-Order and Disposition Clause in Bankruptcy. registration of an absolute bill of sale of itself gives the notoriety which excludes the application of the doctrine of reputed ownership, for it was thus enacted by sect. 20 of the Act of 1878:

8. 20.

"Chattels comprised in a bill of sale which has been and continues Order and to be duly registered under the Act shall not be deemed to be in the disposition. possession, order, or disposition of the grantor of the bill of sale within the meaning of the B. A. 1869” (n).

This section has been repealed only in respect of bills of sale Repeal of given by way of security (o), and it still applies to and protects

(1) A form of summons and affidavit is given.

(m) Re White and Rubery, (1894) 2 Q. B. 923. See Practice Masters' Rules, 25.

(n) 32 & 33 Vict. c. 71.

(0) Act of 1882, ss. 3, 15. See Swift v. Pannell, 24 Ch. D. 210; Reeves v.

Barlow, 12 Q. B. D. 436, C. A.

sect. 20.