Imatges de pàgina
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Bill of sale to be void unless attested and registered.

chambers, and such court or judge, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels, or may make such other order as may seem just.

8. Every bill of sale shall be duly attested, and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of Ireland then within seven clear days after the time at which it would in the ordinary course of post arrive in Ireland if posted imme. diately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chattels comprised therein. Form of bill of 9. A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void unless made in accordance with the form in the schedule to this Act annexed.

sale.

Attestation.

Local registration of contents of bills of sale.

Bill of sale

10. The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto. So much of section ten of the principal Act as requires that the execution of every bill of sale shall be attested by a solicitor of the Court of Judicature in Ireland, and that 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execution of the bill of sale the effect thereof has been explained to the grantor by the attesting witness, is hereby repealed.

11. Where the affidavit (which under section ten of the principal Act is required to accompany a bill of sale when presented for registration) describes the residence of the person making or giving the same or of the person against whom the process is issued as being situated elsewhere than within the county of the city of Dublin or the county of Dublin, or where the bill of sale describes the chattels enumerated therein as being in some place or places outside the said county of the city of Dublin or the county of Dublin, the registrar under the principal Act shall forthwith and within three clear days after registration in the principal registry, and in accordance with the prescribed directions, transmit an abstract in the prescribed form of the contents of such bill of sale to the clerk of the peace in whose district such place or places is or are situate, and if such places are in the districts of different clerks of the peace, then to each such clerk of the peace.

Every abstract so transmitted shall be filed, kept, and indexed by the clerk of the peace in the prescribed manner, and any person may search, inspect, make extracts from, and obtain copies of the abstract so registered in the like manner and upon the like terms as to payment or otherwise as near as may be as in the case of bills of sale registered by the registrar under the principal Act.

12. Every bill of sale made or given in consideration of any sum under 30%. to be under thirty pounds shall be void.

void.

Chattels not to

sold until five days after seizure.

13. All personal chattels seized or of which possession is taken be removed or after the commencement of this Act, under or by virtue of any bill of sale (whether registered before or after the commencement of this Act), shall remain on the premises where they were so seized or so taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day they were so seized or so taken possession of.

14. A bill of sale to which this Act applies shall be no protection Bill of sale not in respect of personal chattels included in such bill of sale which to protect chattels against but for such bill of sale would have been liable to distress under poor and other a judgment, decree, or warrant for the recovery of taxes, poor rates, rates. county cess, or other rates.

15. The eighth and the twentieth sections of the principal Act, and also all other enactments contained in the principal Act which are inconsistent with this Act are repealed, but this repeal shall not affect the validity of anything done or suffered under the principal Act before the commencement of this Act.

Repeal of part of Bills of Sale

(Ireland) Act,

1879.

of sale.

16. So much of the sixteenth section of the principal Act as Inspection of enacts that any person shall be entitled at all reasonable times to registered bills search the register and every registered bill of sale upon payment of one shilling for every copy of a bill of sale inspected is hereby repealed, and from and after the commencement of this Act any person shall be entitled at all reasonable times to search the register, on payment of a fee of one shilling, or such other fee as may be prescribed, and subject to such regulations as may be prescribed, and shall be entitled at all reasonable times to inspect, examine, and make extracts from any and every registered bill of sale without being required to make a written application, or to specify any particulars in reference thereto, upon payment of one shilling for each bill of sale inspected, and such payment shall be made by a judicature stamp: Provided that the said extracts shall be limited to the dates of execution, registration, renewal of registration, and satisfaction, to the names, addresses, and occupations of the parties, to the amount of the consideration, and to any further prescribed particulars.

17. Nothing in this Act shall apply to any debentures issued by any mortgage, loan, or other incorporated company, and secured upon the capital stock or goods, chattels, and effects of such company. 18. This Act shall not extend to England or to Scotland.

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of the one part, and C.D. of

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of the

now

other part, witnesseth that in consideration of the sum of £
paid to A.B. by C.D., the receipt of which the said A.B. hereby acknow-
ledges [or whatever else the consideration may be], he the said A.B. doth
hereby assign unto C.D., his executors, administrators, and assigns, all and
singular the several chattels and things specifically described in the schedule
hereto annexed by way of security for the payment of the sum of
£
and interest thereon at the rate of
per cent. per
annum [or whatever else may be the rate]. And the said A.B. doth agree
and declare that he will duly pay to the said C.D. the principal sum afore-
said, together with the interest then due, by equal payments of £
[or whatever else may be the
stipulated times or time of payment]. And the said A.B. doth also agree
with the said C.D. that he will [here insert terms as to insurance, payment
of rent, or otherwise, which the parties may agree to for the maintenance
or defeasance of the security].

on the

day of

Debentures to which Act not

to apply.

Extent of Act.

Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C.D. for any cause other than those specified in section seven of the Bills of Sale (Ireland) Act (1879) Amendment Act, 1883.

In witness, &c.

Signed and sealed by the said A.B. in the presence of me E.F. [add witness' name, address, and description].

CHAPTER 8.

43 & 44 Vict. c. 2.

33 & 34 Vict. c. 112.

An Act to amend the Glebe Loans (Ireland) Acts.

W

[31st May 1883.] THEREAS by section two of the Glebe Loan (Ireland) Amendment Act, 1880, it is provided that no loan under the provisions of the Glebe Loan (Ireland) Acts shall be made after the 34 & 35 Vict. thirty-first day of August one thousand eight hundred and eightythree, and it is expedient that the said section should be amended, and that the time during which loans under the said Acts may be made should be extended for a further period:

c. 100.

38 & 39 Vict. c. 30.

41 & 42 Vict. c. 6.

43 & 44 Vict. c. 2.

Short title.

Extension of time for making loans.

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited for all purposes as the Glebe Loan (Ireland) Acts Amendment Act, 1883, and this Act and the Glebe Loan (Ireland) Acts, 1870 to 1880, may be cited together as the Glebe Loan (Ireland) Acts.

2. The second section of the Glebe Loan (Ireland) Acts Amendment Act, 1880, which limits to the thirty-first day of August one thousand eight hundred and eighty-three the period during which loans may be made under the Glebe Loan (Ireland) Acts is hereby repealed, and loans may be made under the said Acts until but not after the thirty-first day of August one thousand eight hundred and eighty-six.

35 & 36 Vict. c. 23.

CHAPTER 9.

An Act to make further provision for taking dues for
repairing and improving the Harbours in the Isle of
Man.
[31st May 1883.]
WHEREAS certain repairs and improvements are required in
the harbours of the Isle of Man other than Port Erin, and
it is expedient to enable money to be provided for such repairs
and improvements by the levy of further duties on vessels using

such harbours:

And whereas the said harbours are under the management of the Isle of Man Harbour Commissioners incorporated by the Isle of Man Harbours Act, 1872:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and

Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act shall be construed as one with the Isle of Man Construction of Act and Harbours Act, 1872, and may be cited together with that Act as short titles. the Isle of Man Harbours Acts, 1872 and 1883, and this Act may 35 & 36 Vict. be cited as the Isle of Man Harbours Act, 1883.

2. The Court of Tynwald from time to time when required by the Governor, may, with the approval of the Board of Trade, by resolution appoint, that there shall be payable by vessels entering or leaving the harbours to which this Act applies, or any of such harbours, a duty on passengers carried for hire by such vessels, of such amount and subject to such regulations as may be specified in such resolution and approved by the Board of Trade: Provided that

(1.) The said duty shall not exceed a sum of threepence in respect of every passenger embarked and of every passenger disembarked at a harbour in which the said passenger duty is payable:

(2.) The said duty shall be at all times charged equally to all persons in respect of the same description of vessel under the same circumstances:

(3.) The said duty shall not be payable at any harbour at which there have been no improvements made for which it appears to the Board of Trade reasonable to charge such duty.

The Court of Tynwald, when required by the Governor, may, with the approval of the Board of Trade, from time to time, subject to the above provisoes, revoke, alter, or add to any resolution under this section.

c. 23.

Power to appoint pasbe taken in harbours.

senger duty to

of resolution.

3. A resolution of the Court of Tynwald under this Act, when Publication, approved by the Board of Trade, shall be published in the London evidence, &c. Gazette, and otherwise as the Board of Trade may direct, and shall come into force at such time, not earlier than one month after such publication in the London Gazette, as may be fixed by the resolution. The approval of the Board of Trade may be signified under the hand of a secretary or assistant secretary of the Board, and any document purporting to be printed by authority in the Isle of Man or by the printers to Her Majesty or of the Government to the Isle of Man, and to contain a resolution of the Court of Tynwald under this Act, approved by the Board of Trade, shall be evidence that the duty mentioned in such resolution is payable.

4. The Commissioners may, subject to the regulations affecting Collection of the same, take the passenger duty, which by a resolution made and passenger duty. approved in pursuance of this Act and for the time being in force, is appointed to be payable at any of the harbours to which this Act applies, and with the consent of the Treasury may either arrange with the Commissioners of Customs for the collection of the said duty, or may appoint such officers to collect the same upon such terms as to security and otherwise as the Governor may direct.

All sums received by the Commissioners in respect of the said duty or otherwise, in pursuance of this Act, shall be paid by them without any deduction to the Commissioners of Customs, and

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Provisions as

to payment of duty and penalties.

10 & 11 Vict." c. 27.

46 VICT. accounted for in like manner as if they were part of the revenue of the Customs of the Isle of Man, but shall be kept as a distinct account from such revenue.

5. For the purpose of collecting the said passenger duty, the term "rates" in the Harbours, Docks, and Piers Clauses Act, 1847 (incorporated with the Isle of Man Harbours Act, 1872,) and in this Act referred to as the General Harbours Act, shall include such 35 & 36 Vict. duty, and the provisions of the General Harbours Act with respect to the collection of rates, shall for the purposes of this Act be amended as follows:

c. 23.

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(1.) Nothing in the General Harbours Act shall give power to
alter the said duty otherwise than as provided by this Act:
(2.) Any packet boat or post office packet, being a packet boat
or post office packet as defined under the provisions of any
Act relating to the Post Office, shall not be entitled to the
exemption contained in section twenty-eight of the General
Harbours Act, in respect of the said passenger duty, but shall
be entitled to such exemption, either total or partial, from
or to pay such special composition for, that duty, as may be
from time to time agreed on between the Governor and Her
Majesty's Postmaster-General, with the consent of the Trea-
sury, or, in case of difference, as may be determined by the
Treasury, and in the absence of any such agreement or
determination shall not be entitled to exemption from such duty:
(3.) The Commissioners may, if the regulations so permit, and
subject to such regulations, accept any composition for the said
passenger duty in respect of any vessel:

(4.) The master of every vessel liable to pay the said passenger
duty, or, if the Commissioners so permit, an agent on behalf of
the master, shall deliver to the collector of rates a declaration,
in a form to be prescribed by the Commissioners, as to the
number of passengers carried for hire by the said vessel and
embarked or disembarked at any harbour, and a master or
agent who refuses or neglects to deliver such declaration, or
who delivers any declaration which is false in any material
particular, shall be liable to a penalty not exceeding twenty
pounds, recoverable as if the same were a penalty mentioned
in the General Harbours Act:

(5.) The collector of rates may at any reasonable time inspect and examine, and if he wishes, take copies of or extracts from all books, tickets, and other documents showing the number of passengers carried for hire by any vessel liable to pay the said passenger duty: Provided that any information obtained by means of an inspection under this section, shall not be admissible in evidence in any prosecution or other proceeding against any person for carrying an excessive number of passengers on any voyage of such vessel:

(6.) If any person in possession or charge of any of the said books, tickets, or documents relating to such vessel as aforesaid refuses or fails to produce and show the same or any of them to any collector of rates, or to permit such collector to inspect, examine, or take copies thereof or extracts therefrom, in every such case there shall be payable in respect of such vessel rates

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