Section 3Part 0 —
Bill of sale of personal chattels to be void if not recorded
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Every bill of sale of personal chattels, either absolutely or conditionally, or subject, or not subject to any trusts, and whereby the grantee or holder has power, either with or without notice, and either immediately after the making of the said bill of sale, or at any future time, to take possession of any property and effects comprised in, or made subject to such bill of sale, and every schedule or inventory which is thereto annexed, or therein referred to, and every attestation of the execution thereof shall, together with a description of the residence and occupation of the person giving the same, and of every attesting witness thereto, or in case the same is made or given by any person under or in execution of any process, then a description of the residence and occupation of the person against whom such process has been issued, and of every attesting witness, be recorded at length in the office of the Public Recorder within ninety days after the making or giving of such bill of sale (in like manner as deeds relating to real property in the Islands are recorded), 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 the Bailiff of the Court, his deputies and assistants 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, authorising the seizure of the goods of the person by whom, or of whose goods such bill of sale was made, and against every person on whose behalf such process was issued, be unenforceable, 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 declaration of 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 ninety 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 was issued under, or in the execution of which such bill of sale was made or given, as the case may be.
No bill of sale shall be registered unless it has endorsed thereon or attached thereto a certificate in the form set out in the Schedule completed by a judge, magistrate, justice of the peace, notary public, commissioner for oaths or administrative officer.