SCHEDULE A.

WEEKLY STATEMENT showing the amount and nature of the Debts, Engagements, and Liabilities, and of the Assets and Property or Securities, within the Colony of Vancouver Island and its Dependencies, of the Bank of

from

to

18

We hereby certify the foregoing to be a true and correct account, to the best of our knowledge and belief.

[Place and date.]

Managing Director, Chief Cashier, or Clerk. (as the case may be.)

SCHEDULE B.

GENERAL ABSTRACT showing the Average Amount of the Liabilities and Assets, within the Colony of Vancouver Island and its Dependencies, of the Bank of taken from the usual Weekly Statements, during the Quarter from the to the

18 .

CHAP. 12.

A.D. 1870.

Preamble.

Repeals former
Acts.

All Bills of Sale void as against assignees, unless registered within 21 days.

See Section 20.

An Ordinance to assimilate and amend the Law relating to
Bills of Sale.

[11th May, 1870.]

WHEREAS it is expedient that the law relating to the Regis

tration of Bills of Sale of personal chattels be made uniform throughout the Colony:

Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:

1. The "Bills of Sale Act, 1861," and the "Bills of Sale Amendment Act, 1866," of the former Colony of Vancouver Island, and also an Act of the Imperial Farliament passed in the 17th and 18th years of the reign of Her Majesty, chapter 36, and intituled "An Act for preventing frauds upon creditors by secret Bills of Sale of personal chattels," shall be and are hereby repealed, save and except that every act, matter, and thing lawfully done thereunder, and every right and privilege thereby acquired, shall be and are hereby valid, and effectual, and reserved, and preserved, to all intents and purposes as if this Ordinance had not been passed.

2. Every Bill of Sale of personal chattels made after the passing of this Ordinance, either absolutely or conditionally, or subject or not subject to any trusts, and whereby the grantee or holder shall have power, either with or without notice, and either immediately after the making of such Bill of Sale, or at any future time, to seize or take possession of any property and effects comprised in or made subject to such Bill of Sale, and every schedule and inventory which shall be thereto annexed or therein referred to, or a true copy thereof, and of every attestation of the execution thereof, shall, together with an affidavit of the time of such Bill of Sale being made or given, and a description of the residence and occupation of the person making and giving the same, or in case the same shall .be 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 shall have issued, and of every attesting witness to such Bill of Sale, be registered as follows:— If executed in Vancouver Island and affecting property therein, by filing the same in the office of the Registrar-General of Titles in Victoria; if executed on the Mainland of British Columbia and affecting property therein, by filing the same in the oflice of the Stipendiary Magistrate of the district in which the property intended to be affected is situate, or in the office of some other person appointed in that behalf; and the said Bill of Sale, or copy thereof

with affidavit as aforesaid, shall in all cases hereinbefore mentioned. be so filed within twenty-one days after the making or giving of such Bill of Sale, otherwise such Bill of Sale shall as against all assignees of the estate and effects of the person whose goods or any of them are comprised in such Bill of Sale, under the laws relating to bankruptcy or insolvency, or under any assignment for the benefit of the creditors of such person, and as against all Sheriff's officers and other persons seizing any property or effects comprised in such Bill of Sale in the execution of any process of any court of law or equity authorizing the seizure of the goods of the person by whom or of whose goods such Bill of Sale shall have been made, and against every person on whose behalf such process shall have been issued, be null and void to all intents and purposes whatsoever, so far as regards the property in or right to the possession of any personal chattels comprised in such Bill of Sale, which at or after the time of such bankruptcy or of filing the insolvent's petition in such insolvency, or of the execution by the debtor of such assignment for the benefit of his creditors, or of executing such process (as the case may be), and after the expiration of the said period of twenty-one days, shall be in the possession or apparent possession of the person making such Bill of Sale, or of any person against whom the process shall have issued under or in the execution of which such Bill of Sale shall have been made or given, as the case may be. The affidavit aforesaid may be in the form in the Schedule hereto annexed marked A.

A.D. 1870.

trar-General.

3. Where such Bill of Sale, or copy thereof with affidavit as If filed in office of aforesaid, is filed in the office of the Stipendiary Magistrate, or Stipendiary Magistrate, a duplicate other person as aforesaid, a duplicate thereof (duly certified as in to be sent to RegisForm B in the Schedule to this Ordinance) shall be forwarded by the first opportunity, free of charge, by the Magistrate, or other person as aforesaid, to the Registrar-General, to be deposited in his office.

dition of every Bill

of Sale to be written

on the same paper.

4. If such Bill of Sale shall be made or given, subject to any Defeasance or condefeasance, or condition, or declaration of trust not contained in the body thereof, such defeasance, condition, or declaration of trust, shall, for the purpose of this Ordinance, be taken as part of such Bill of Sale, and shall be written on the same paper or parchment on which such Bill of Sale shall be written, before the time when the same, or a copy thereof respectively, shall be filed, otherwise such Bill of Sale shall be null and void to all intents and purposes against the same persons and as regards the same property and . effects as if such Bill of Sale, or a copy thereof, had not been filed according to the provisions of this Ordinance.

5. The filing of a Bill of Sale, or a copy thereof with the affidavit, is hereinafter referred to as the registration of a Bill of Sale.

Interpretation of term "registration"

A.D. 1870.

Bills of Sale to be re-registered every five years.

Affidavit of renewal.

Duplicate to be sent to Registrar-General.

Books to be kept

containing particulars of Bills of Sale.

6. The registration of a Bill of Sale shall, during the subsistence of such security, be renewed in manner hereinafter mentioned once in every period of five years, commencing from the day of regis tration, and if not so renewed such registration shall cease to be of any effect at the expiration of any period of five years, during which a renewal has not been made as hereby required, subject to this provision: that where a period of five years from the original regis tration of any Bill of Sale, prior to the passing of this Ordinance, has expired before the first day of January one thousand eight hundred and seventy-one, such Bill of Sale shall be as valid, to all intents and purposes, as it would have been if this Ordinance had not been passed, if such registration be renewed in manner aforesaid before the first day of January, one thousand eight hundred and seventy-one.

7. The registration of a Bill of Sale shall be renewed by some person filing in the office of the said Registrar-General of Titles, or Stipendiary Magistrate, or other person as aforesaid, an affidavit, stating the date of such Bill of Sale, and the names, residences, and occupations of the respective parties thereto as stated therein, and also the date of the registration of such Bill of Sale, and that such Bill of Sale is still a subsisting security; and the Registrar-General of Titles, or Stipendiary Magistrate, or other person as aforesaid, shall thereupon number such affidavit, and re-number the original Bill of Sale or copy filed in the said office with a similar number.

8. Every affidavit renewing the registration of a Bill of Sale may be in the Form C given in the Schedule to this Ordinance; and where such affidavit is filed in the office of the Stipendiary Magistrate or other person as aforesaid, a duplicate thereof, certified as such by the Magistrate or other person as aforesaid, shall be transmitted by the first opportunity, by the said Magistrate or other person as aforesaid, to the office of the Registrar-General, to be there deposited.

9. The Registrar-General, and Stipendiary Magistrate, and other person as aforesaid, shall cause every Bill of Sale, and every such schedule and inventory as aforesaid, and every such copy, and every affidavit of renewal, filed in his office, to be numbered; and shall keep a book or books, in which he shall cause to be entered a numerical list of every such Bill of Sale, and copy, and affidavit of renewal, containing therein the name, addition, and description of the person making or giving the same; or, in case the same shall be made or given by any person under or in the execution of process as aforesaid, then the name, addition, and description of the person against whom such process shall have issued, and also of the person to whom or in whose favour the same shall have been given,

together with the number affixed to the said Bill of Sale, or copy, or affidavit of renewal as aforesaid; and the date of the said Bill of Sale, or copy, and of the registration thereof, and the date of the filing the said affidavit of renewal, and all such particulars, shall be entered according to the Form D given in the Schedule to this Ordinance; and the said book, and every Bill of Sale, or copy, and affidavit filed as aforesaid, may be searched and viewed by all persons, at all reasonable times, upon payment for every search of the fee of fifty cents.

A.D. 1870.

10. The said Registrar-General, and every Stipendiary Magistrate, Fees to be taken. and other person as aforesaid, shall be entitled to receive for filing every Bill of Sale, or a copy thereof, or affidavit of renewal as aforesaid (including the taking of any affidavit) the sum of two dollars, and no more; and any person shall be entitled to have an office copy or an extract of every Bill of Sale, or of the copy thereof, or of an affidavit of renewal as aforesaid, upon paying for the same at the rate of twenty-five cents per folio of one hundred words.

11. All affidavits required by this Ordinance to be taken and Before whom affidamade, may be taken by and made before the Registrar-General, or vits may be made. Stipendiary Magistrate, or other person as aforesaid, or by and before any Judge, Registrar, Deputy Registrar, or Clerk of a Court having a seal, or by and before any Notary Public practising within the Colony.

12. The Registrar-General, and every Stipendiary Magistrate and How satisfaction other person so appointed as aforesaid, is hereby empowered to may be entered. enter satisfaction upon any Bill of Sale, or copy thereof, upon being satisfied that the debt (if any) for which such Bill of Sale is given as security has been discharged; but in all cases where the consent of the grantee, assignee, or mortgagee has not been obtained, satisfaction shall not be entered without an order from a Judge of the Supreme or County Court obtained for that purpose.

13. All moneys, other than charges made for taking and furnish- Fees to be paid into ing copies of Bills of Sale, affidavits, and other documents (which Treasury. shall be retained by the person taking and furnishing the same for his own use) received by the Registrar-General, and Stipendiary Magistrate, and other person appointed as aforesaid, under this Ordinance, shall be paid into the Treasury for the use of Her Majesty, Her heirs and successors.

14. The Registrar-General, and Stipendiary Magistrate, and other Index book to be person appointed as aforesaid, shall keep an index book showing in kept. alphabetical order the names of all persons making or giving Bills of Sale, and of all persons against whom process shall have issued as aforesaid, together with a cross reference to the volume and folio of