A bill of sale shall be attested and registered under this Act in the following manner:
X1(1)The execution of every bill of sale shall be attested by a solicitor of the [F1Senior Courts], and the attestation shall state that before the execution of the bill of sale the effect thereof has been explained to the grantor by the attesting solicitor:
(2)Such bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of such bill and of every such schedule or inventory, and of every attestation of the execution of such bill of sale, together with an affidavit of the time of such bill of sale being made or given, and of its due execution and attestation, and a description of the residence and occupation of the person making or giving the same (or in case the same is made or given by any person under or in the execution of any process, then a description of the residence and occupation of the person against whom such process issued), and of every attesting witness to such bill of sale, shall be presented to and the said copy and affidavit shall be filed with the registrar within seven clear days after the making or giving of such bill of sale, in like manner as a warrant of attorney in any personal action given by a trader is now by law required to be filed:
(3)If the bill of sale is made or given subject to any defeasance or condition, or declaration of trust not contained in the body thereof, such defeasance, condition, or declaration shall be deemed to be part of the bill, and shall be written on the same paper or parchment therewith before the registration, and shall be truly set forth in the copy filed under this Act therewith and as part thereof, otherwise the registration shall be void.
In case two or more bills of sale are given, comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels.
A transfer or assignment of a registered bill of sale need not be registered.
Editorial Information
X1S. 10(1) repealed as to bills of sale given by way of security for the payment of money by Bills of Sale Act (1878) Amendment Act 1882 (c. 43), ss. 3, 10
Textual Amendments
F1Words in s. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
Modifications etc. (not altering text)
C1S. 10 amended by Administration of Justice Act 1925 (c. 28), s. 23(2)
C2Provisions for filing of warrants of attorney repealed by Administration of Justice Act 1956 (c. 46), s. 16