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The following matters should be noted, viz. possession of the goods by the grantor (or mortgagor) must be consistent with the terms of the deed: e.g., if it is conditional, he may retain possession until default; valuable consideration must be given for the assignment, and there must be no fraud or intent to defeat creditors; and the goods should be properly valued and inventoried before the bill is given.

A bill of sale may be given to secure past debts and present advances, but the latter must be substantial (Martindale v. Booth); the consideration must not be wholly past. If the grantee does not take possession of the goods and chattels he should register his bill in the manner hereafter set forth.

PROTECTION AFFORDED BY REGISTRATION.

The bill of sale must be registered within 30 days of the date of execution in the office of the Supreme Court, otherwise it will be void as against any of the following persons, viz. the assignee or trustee in bankruptcy of the grantor; assignees under an assignment or trustee in bankruptcy of the grantor; assignees under an assignment for the benefit of his creditors; sheriff's officers seizing the property included therein under any process of law or equity; and lastly, against the persons on whose behalf such process shall have issued. And a copy of the bill must also be registered within seven days of its date with the nearest clerk of petty sessions, in order to protect the property comprised therein from executions under judgments of the Small Debts Court; but in this case such protection only holds good for one year, after which the grantee of the bill must take possession, sell the property, or relinquish it for the benefit of creditors generally; and further, the bill must have been executed at least fourteen days before service of the small debts' summons, must be produced to the bailiff, and a certain time for payment of the loan, etc., not exceeding one year, must be expressed in the bill. And lastly, so that the bill may continue good against the official assignee or trustee in bankruptcy, it must be renewed every twelve months from time of first registration.

REGISTRATION AND RENEWAL-HOW

EFFECTED.

A copy must be filed in the office of the Supreme Court within thirty days of the date of the bill, with an affidavit indorsed thereon, stating that the document is a true copy of the original, the time of execution, the residence and occupation of the grantor, and attesting witness, etc.-in acordance

with the printed forms; and a similar copy, with an affidavit indorsed, must be filed within seven days of the date with the nearest clerk of petty sessions.

To renew the bill, an affidavit must be filed in the Supreme Court, setting out the date of the bill, and that of its registration and last renewal (if any), the names, residences, and descriptions of the parties, the amount then actually due under the bill, and, lastly, that the security is still in existence.

POSSESSION TAKEN BY THE GRANTEE.

If the grantee (or holder) takes possession, he need not register his bill, but he must do more than take mere formal possession of the chattels. It is necessary that he should exercise some act or continuous acts of dominion over the property, so that he, and not the grantor, may, in the eye of the public, appear to be in possession of it. For instance, if the goods are in a hotel, it will suffice if the grantee obtain possession of the outer door keys, key of the bar, liquor cases, etc.; it is not absolutely necessary that the goods should be removed off the premises.

SETTLEMENTS OF PERSONALTY AFTER MARRIAGE,

ETC.

A settlement of personal property made after marriage, and in consideration of natural love and affection, should be registered and renewed in all respects as if it were an ordinary bill of sale.

As regards absolute bills of sale, possession should be taken by the grantee, although the bill is registered.

SATISFACTION OF BILLS OF SALE.

Satisfaction of the bill is obtained upon a certificate signed by the grantee stating that all monies due thereon have been paid, that a true copy was duly filed, and requiring a memorandum of such satisfaction indorsed upon the copy. The certificate must be accompanied by an affidavit by some other person stating that it was duly signed by the grantee, and that the latter acknowledged that the bill had been satisfied.

A Judge's order to the effect that satisfaction be entered on the copy of the bill may then be obtained.

SALE OF PROPERTY SUBJECT TO A CONDITIONAL BILL OF SALE.

Under a Statute extending the remedies of judgment creditors, the Sheriff may sell the judgment debtor's interest

in the goods and chattels without levying; and on notice in writing to the grantee from the purchaser, the former may take possession of and hold the goods, etc., subject to the amount due him under the bill.

And, upon any sale made by the grantee under his security, he must, on demand, pay any surplus to the purchaser, else he will be liable to an action at suit of the latter for the recovery of such surplus.

Birds Protection.

SHOOTING IN THE CLOSE SEASON.

By the Birds Protection Act of 1893 any person who, during the close season (1st day of August to 31st day of January in each year), wilfully kills, captures, injures, or attempts to kill, etc., any of the birds hereafter mentioned, is liable to a fine of not exceeding £5, or to a proportionate term of imprisonment in default.

WHAT BIRDS ARE PROTECTED.

The following birds are protected during the above period, viz., imported game and other birds, including pheasants, grouse, Californian quail, Chinese quail, white swans, skylark, chaffinch, goldfinch, linnet, starling, thrush, blackbird, nightingale, and partridge; native game birds, including wild-duck, geese, plover, and wild pigeons or doves of any species, teal, bustard or plains turkey, black swan, land-rail, mallee hen, and brush turkey; and certain other native birds, including fish hawks or sea eagles, lyre bird, regent bird, rifle bird, bell bird, black cockatoo, native companion, nankeen crane, laughing jackass, kingfishers, emu, dollar bird, wood swallows, magpies (other than black magpie), peewit, thrush, wagtails, jackey winter, robins, blue wren, emu wren, lark, skylark, diamond sparrow, gang-gang cockatoo, Indian minah, butcher bird, coachwhip bird, honeysucker, mocking bird, swamp pheasant, king parrots, ibis, and the bird known as the "Happy Family" or the "Twelve Apostles."

Quail are protected under similar penalties from 15th September to 10th May-except in the Cooma and Bombala districts, in which the close season runs from the 15th September to the 25th March.

VARYING THE CLOSE SEASON, ETC.

The period of the close season for any district may, by a notice in the Gazette, be varied whenever it appears expedient so to do; and by a similar notice the name of any bird may

be removed from the list of protected birds in respect of any district in view of any great increase in its number or of its becoming injurious; but such notice may be annulled periodically, and the name of any other bird may be added to the list.

SELLING, ETC., PROTECTED BIRDS IN CLOSE

SEASON.

Any person selling, or offering for sale, or having in his possession during the close season, any protected bird recently killed or taken, is liable to forfeit not exceeding £5 for every such bird, or to imprisonment in default, as before-mentioned. But the accused may clear himself by proving that the bird was killed, etc., out of the close season or in another State.

LIMIT TO DIMENSIONS OF FIRE-ARMS.

The following limits are set by Statute upon the dimensions, etc., of fire-arms, under penalty limited to £10, or imprisonment in default, as before, viz., barrel six feet, bore one inch, powder four drachms, and shot to two ounces. use of punt-guns is prohibited under a like penalty.

TAKING EGGS OF PROTECTED BIRDS.

The

Taking out of the nest, or destroying in the nest, the eggs of any protected bird is punishable with a fine limited to 10s. for every egg so taken, or imprisonment as before. The provisions of the Statute, however, do not apply to any bird in a domesticated state, or ordinarily in a state of confinement, provided such bird was not originally caught or taken during the close season.

NAME OF AN OFFENDER MAY BE REQUIRED.

Any householder or constable may require any person violating any of the provisions of the Birds Protection Act to give his full name and address.

If he refuses, or gives a false or fictitious name, he may immediately be arrested and taken before a magistrate, and will incur liability to an additional penalty limited to £5, or to imprisonment upon non-payment. In all the above cases one justice has power to adjudicate.

Books, Purchase of in Parts.

By the "Book Purchasers Protection Act" it is declared that where a book, engravings, lithographs, or pictures are not to be delivered to the purchaser in a complete form at the time of the engagement to take such publications, the contract shall be void unless certain formalities are observed.

The requisitions of the Statute are as follow:

:

FORM OF AGREEMENT TO BE SIGNED.

The purchaser must sign an agreement bearing the words "the total liability of the purchaser under this agreement is £————” (in figures and words), printed in red letters of a size not less than great primer; and, further, any writing or printing in black letters appearing on the agreement must be written or printed thereon subsequently to the indorsement in red letters.

DUPLICATE AGREEMENT TO BE DELIVERED.

The vendor of the publication or his agent must also, at time of sale, hand the purchaser a duplicate of the agreement, marked "Duplicate to be kept by the purchaser"; and he will not be entitled to recover under the contract unless he can produce an acknowledgment by the purchaser of the receipt of such duplicate.

COURT MAY DETERMINE VALUE OF BOOK.

In case of dispute, the court in which an action is brought may determine the value of the book or other publication; and it is further declared that the burden of proving the value of the publication shall lie on the seller.

Bonds.

DEFINITION OF BOND, ETC.

A bond, which is a species of contract under seal, is a promise to pay a sum of money, such promise being liable to become void on the performance of the condition stated in the bond.

If the condition is merely to secure payment of money, the instrument is termed a "common money bond"; if otherwise, a "bond with special conditions." If the condition is broken, the person to whom the bond is given cannot, generally speaking, recover more than the actual loss sustained—irrespective of the penal sum mentioned therein; but where the penalty is stated to be way of "liquidated or ascertained” amages, the party bound will be unable to obtain relief equity unless the amount is clearly disproportionate to the damage sustained.

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