85. Bills of Sale Ordinance 1950.
ORDER 85
BILLS OF SALE ORDINANCE 1950*
1. Rectification of register. (O. 85 r. 1)
(1) Every application to the Court under section 15 of the Bills of Sale Ordinance 1950 (30/50) (hereafter in this Order referred to as "the Ordinance") for an order–
(a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by that Ordinance be rectified by extending the time for such registration; or
(b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,
must be made by summons ex parte to the Registrar.
(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.
2. Entry of satisfaction. (O. 85 r. 2)
(1) Every application under section 16 of the Ordinance to the Registrar for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale must–
(a) if a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, be made ex parte;
(b) in all other cases, be made by originating summons.
(2) An ex parte application under paragraph (1)(a) must be supported by–
(a) particulars of the consent referred to in that paragraph; and
(b) an affidavit by a witness who attested the consent verifying the signature on it.
(3) An originating summons under paragraph (1)(b) must be served on the person entitled to the benefit of the bill of sale, and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.
(4) No appearance need be entered to an originating summons under paragraph (1)(b).
3. Restraining removal on sale of goods seized. (O. 85 r. 3)
No appearance need be entered to an originating summons by which an application to the Court under section 8(3) of the Ordinance must be made.
4. Search of register. (O. 85 r. 4)
The Registrar shall, on a request in writing giving sufficient particulars, and on payment of the prescribed fee, cause a search to be made in the register of bills of sale and issue a certificate of the result of the search.
ORDER 85
BILLS OF SALE ORDINANCE 1950*
1. Rectification of register. (O. 85 r. 1)
(1) Every application to the Court under section 15 of the Bills of Sale Ordinance 1950 (30/50) (hereafter in this Order referred to as "the Ordinance") for an order–
(a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by that Ordinance be rectified by extending the time for such registration; or
(b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,
must be made by summons ex parte to the Registrar.
(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.
2. Entry of satisfaction. (O. 85 r. 2)
(1) Every application under section 16 of the Ordinance to the Registrar for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale must–
(a) if a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, be made ex parte;
(b) in all other cases, be made by originating summons.
(2) An ex parte application under paragraph (1)(a) must be supported by–
(a) particulars of the consent referred to in that paragraph; and
(b) an affidavit by a witness who attested the consent verifying the signature on it.
(3) An originating summons under paragraph (1)(b) must be served on the person entitled to the benefit of the bill of sale, and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.
(4) No appearance need be entered to an originating summons under paragraph (1)(b).
3. Restraining removal on sale of goods seized. (O. 85 r. 3)
No appearance need be entered to an originating summons by which an application to the Court under section 8(3) of the Ordinance must be made.
4. Search of register. (O. 85 r. 4)
The Registrar shall, on a request in writing giving sufficient particulars, and on payment of the prescribed fee, cause a search to be made in the register of bills of sale and issue a certificate of the result of the search.
No comments:
Post a Comment