CHAPTER XIV. of the parties thereto as stated therein, and that the bill of sale is still a subsisting security. Effect of omission to re-register. The affidavit. Form of register. "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 (a). The Act of 1882 (b) does not apply to any bill of sale registered 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 grantor and grantee (c). But a bill of sale registered since the commencement of this Act (d) will be void for all purposes unless duly re-registered (e). The affidavit must state the name and residence stated in the bill of sale, although they be erroneous (ƒ). 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 (g). 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. (a) Askew v. Lewis, 10 Q. B. D. 477; Re Emery, Exp. Off. Rec., 21 Q. B. D. 405, Č. A. (b) See sect. 3 of that Act. (c) Cookson v. Swire, 9 App. Cas. (d) 31st October, 1882. (e) Fenton v. Blythe, 25 Q. B. D. 417. (f) Exp. Webster, Re Morris, 22 Ch. D. 136. (g) Blaiberg v. Parke, 10 Q. B. D. 90. "Upon the registration of any affidavit of renewal the like entry CHAPTER XIV. 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 Rectification the omission to register a bill of sale or an affidavit of renewal of register. thereof within the time prescribed by this Act, or the omission or misstatment of the name, residence, or occupation of any person, was accidental or due to inadvertence, may, in his discretion, order such omission or misstatement to be rectified by the insertion in the register of the true name, residence, or occupation, or by extending 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 (1⁄2). 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 (i). Possibly, however, an extension of time for registration might be granted under this section so as to enable a fresh affidavit to be filed (j). The jurisdiction will not be exercised after third parties have acquired rights; and the time of registration or re-registration cannot be extended, so as to defeat the right of an execution creditor () or of a trustee in bankruptcy (1). The section is not retrospective (m). By sect. 16 it is enacted as follows: "Any person shall be entitled to have an office copy or extract of Office copies. 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." (h) Exp. Webster, Re Morris, 48 L. T. 295. (i) Crew v. Cummings, 21 Q. B. D. 420, C. A. (j) Re Dobbins' Settlement, 56 L. J. Q. B. 295. (k) Crew v. Cummings, supra. (1) Re Parsons, Exp. Furber, (1893) 2 Q. B. 122, C. A. (m) Askew v. Lewis, 10 Q. B. D. 477; Re Emery, Exp. Off. Rec., 21 Q. B. D. 405, C. A. CHAPTER XIV. Fees. Transfers, &c. need not be registered. Transfer and further charge. Sub-mortgage by deposit 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 (n). 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 the bill of sale and affidavit must be filed simultaneously, the date of the affidavit can be inferred from the date of filing the bill (0). 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 (p). 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 (g); but it would seem doubtful whether the deed, unless registered, would be a valid security for the further sum (r). 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 (s). Registration of transfer will not validate unregistered bill of sale. The grantee of a bill of sale cannot by assignment pass to the assignee a better title than he has himself (t); 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 (n) Sutton v. Bath, 3 H. & N. (0) Grindall v. Brendon, sup. c. 41), s. 41. (a) Horne v. Hughes, 6 Q. B. D. 676, C. A. (r) Ibid., at p. 683. See Wale v. Commissioners of Inland Revenue, 4 Ex. D. 270. (s) Exp. Turquand, Re Parker, 14 Q. B. D. 636, C. A. (t) Exp. Odell, Re Walden, 39 L. T. 333, this point is not referred to in S. C., 10 Ch. D. 76. held that the want of registration of the original bill vitiated CHAPTER XIV. the title of the assignee (u). Though the assignment need not be registered, the assignee Assignee must re-register the original bill of sale every five years (r). xix.-Vacation of Bills of Sale.-A bill of sale is vacated without re-assignment by a memorandum of satisfaction in the prescribed manner. By sect. 15 of the Bills of Sale Act, 1878, it is enacted that: must re register. "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. (y), 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." satisfaction. The repealed Act of 1854 required the consent to be signed Consent to in the presence and to be verified by the affidavit of a solicitor; and though these requirements are not expressly contained in the present Act, it was, till recently, the practice generally to require the consent to be so verified. But in a recent case it has been held that the affidavit verifying the signature and consent of the person 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 (z). (u) Chapman v. Knight, 5 C. P. D. 308. (x) Karet v. Kosher Meat Association, 2 Q. B. D. 361. (y) A form of summons and affidavit is given. (z) Re White and Rubery, (1894) 2 Q. B. 923. CHAPTER XIV. xx.-Order and Disposition Clause in Bankruptcy. - The Act of 1878, registration of an absolute bill of sale of itself gives the noto 8. 20. Order and disposition. Repeal of sect. 20. riety which excludes the application of the doctrine of reputed ownership, for it was thus enacted by sect. 20 of the Act of 1878: Chattels comprised in a bill of sale which has been and continues to be duly registered under the Act shall not be deemed to be in the possession, order, or disposition of the grantor of the bill of sale within the meaning of the B. A. 1869 (a). This section has been repealed only in respect of bills of sale given by way of security (b). The effect of the repeal, as regards such bills, is to restore the rule under the Act of 1854, under which it was held that registration did not exclude the doctrine of reputed ownership (c). But notwithstanding the repeal of sect. 20, the effect of sect. 3 of the Act of 1882 is that chattels comprised in a bill of sale registered under the Act of 1878, before the coming into operation of the Act of 1882, are not, so long as the registration is subsisting, within the "order and disposition" clause, even when an act of bankruptcy is committed by the grantor after the coming into operation of the Act of 1882 (d). During the seven days between the making and the registration of a bill of sale, the order and disposition clause does not apply (e). The clause in the Bankruptcy Act, 1883, protecting conveyances or assignments by bankrupts for valuable consideration, if made before the date of the receiving order in good faith and without notice, has no operation as regards a transaction void under the Bills of Sale Acts (ƒ). (a) 32 & 33 Vict. c. 71. (b) Act of 1882, ss. 3, 15. See Swift v. Pannell, 24 Ch. D. 210; Reeves v. Barlow, 12 Q. B. D. 436, C. A.; Hall v. Smith, W. N. (1887) 170, C. A. (c) Stansfeld v. Cubitt, 2 De G. & J. 222; Badger v. Shaw, 29 L. J. Q. B. 73; Re Daniel, 25 L. T. 188; Exp. Harding, Re Fairbrother, L. R. 15 Eq. 223. (d) Exp. Izard, Re Chapple, 23 Ch. D. 409, C. A. (e) Exp. Kahen, Re Hewer, 21 Ch. D. 871. (f) Exp. Attwater, 5 Ch. D. 27, C. A. See Re Waugh, 4 Ch. D. 524. |