Source: Singapore Statutes Online | Archived by Legal Wires
| Bills of Sale Act 1886 |
| 2020 REVISED EDITION |
| This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 |
| An Act relating to bills of sale. |
| [1 November 1886] |
| Short title |
| 1. This Act is the Bills of Sale Act 1886. |
| Application of this Act |
| Interpretation |
3.—(1) In this Act, unless there is something repugnant in the subject or context —
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| Bill of sale to be void under certain circumstances unless attested and registered |
4.—(1) Every bill of sale shall be duly attested and shall be registered under this Act within 3 clear days after the execution thereof, and shall truly set out the consideration for which it was given, otherwise the following consequences shall ensue:
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| Bill of sale to be accompanied by schedule of property |
5.—(1) Every bill of sale shall have annexed thereto or written thereon a schedule containing an inventory of the personal chattels comprised in the bill of sale, and such bill of sale, except as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in that schedule and shall be void in respect of any personal chattels not so specifically described.
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| Bill of sale given by way of security void in certain cases |
6. Subject and without prejudice to the other provisions of this Act for invalidating bills of sale, every bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void in the following cases:
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| Bill of sale not to protect chattels against rent or property tax |
| 7. A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be no protection against a distress for the recovery of rent or property tax. |
| Possession to be taken under bill of sale under certain circumstances only |
8.—(1) Personal chattels included in a bill of sale made or given by way of security for the payment of money by the grantor thereof shall not be liable to be seized or taken possession of by the grantee for any other than the following causes:
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| Sales by public auction |
9.—(1) No sale by the grantee of any chattels so seized or taken possession of as aforesaid shall be made otherwise than by public auction, conducted by some person duly licensed under any statutory provision for the licensing of auctioneers.
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| Mode of registering bills of sale |
10.—(1) A bill of sale shall be attested and registered under this Act as provided in this section.
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| Priority given by registration |
| 11. In case 2 or more bills of sale are given comprising in whole or in part any of the same chattels they shall have priority in the order of the date of their registration respectively as regards such chattels. |
| Transfers need not be attested |
| 12. A transfer or assignment of a registered bill of sale need not be attested under this Act, but the transferee or assignee of the bill of sale shall within 3 clear days after the execution of the transfer or assignment file with the registrar a statutory declaration in the form set out in the Second Schedule, stating the date of the bill of sale and of the last registration thereof, the names, residences and occupations of the parties thereto as stated therein, the names, residences and occupations of the parties to the transfer or assignment, and that the said bill of sale is still a subsisting security, and shall also produce at the same time to the registrar the said transfer or assignment, otherwise the said transfer or assignment shall be void. |
| Renewal of registration |
13.—(1) The registration of a bill of sale shall be renewed once at least every 12 calendar months, and if a period of 12 calendar months elapses from the registration or renewed registration of a bill of sale without a renewal or further renewal, as the case may be, the registration shall become void.
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| Form of register |
14.—(1) The registrar shall keep a book, hereinafter referred to as the register, and shall upon the filing of any copy of a bill of sale enter therein in the form set out in the Third Schedule or in any other prescribed form the name, residence and occupation of the grantor, or, in case the same is made or given by any person under or in the execution of any process, then the name, residence and occupation of the person against whom such process was issued, and also the name of the person or persons to whom or in whose favour the bill is given and the other particulars shown in the said Schedule or to be prescribed, and shall number all such bills registered in each year consecutively according to the respective dates of their registration.
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| Rectification of register |
| 15.—(1) A Judge sitting in the General Division of the High Court, on being satisfied that the omission to register a bill of sale or a declaration of renewal or transfer or assignment thereof within the time prescribed, or the omission or misstatement of the name, residence or occupation of any person, was accidental or due to inadvertence or to absence from Singapore, may, in his discretion, order such omission or misstatement to be rectified by the insertion in the register of the true name, residence or occupation, or by extending the time for such registration on such terms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter, as he thinks fit. [40/2019]
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| Entry of satisfaction |
| 16.—(1) A Judge sitting in the General Division of the High Court may order a memorandum of satisfaction to be written on any registered copy of a bill of sale upon being satisfied that the debt, if any, for which such bill was made or given has been satisfied or discharged. [40/2019]
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| Inspection of register and office copies |
17.—(1) Any person shall be entitled to have an office copy of or extract from any registered bill of sale and declaration of execution filed therewith or registered declaration of renewal upon paying for the same at the rate of 25 cents for every page or at such other rate as is prescribed, and every such copy shall be prima facie evidence of the original and of the fact and date of registration as shown thereon.
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| Declarations |
18.—(1) Every declaration required by or for the purposes of this Act may be made before the Registrar or Deputy Registrar of the Supreme Court, or before any commissioner for oaths, or before the registrar or a deputy registrar.
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| Registrars |
19.—(1) The Minister may appoint by name or office a registrar and deputy registrars of bills of sale.
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| Fees |
| 20. There shall be charged in respect of the registration of bills of sale and other matters done under this Act such fees as are prescribed. |
| Rules |
21.—(1) The Minister may make rules in respect of all or any of the following matters:
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| FIRST SCHEDULE |
| Section 6 |
| Form of bill of sale |
| This Indenture, made the day of 20 between A.B. of of the one part and C.D. of of the other part, WITNESSETH that in consideration of the sum of $ now paid to the said A.B. by the said C.D. (the receipt whereof the said A.B. acknowledges) [or whatever else the consideration may be] he the said A.B. doth hereby assign unto the said C.D. all and singular the several chattels and things specified in the schedule hereto by way of security for the payment of the sum of $ and interest thereon at the rate of % per annum, and the said A.B. doth hereby agree that he will duly pay to the said C.D. the principal sum aforesaid, together with the interest then due, by equal payments of $ on the day of [or whatever else may be the stipulated time or times 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]. |
| 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 8 of the Bills of Sale Act 1886. |
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| SECOND SCHEDULE |
| Sections 12 and 13(2) |
| Forms of statutory declaration |
| Declaration on Registration of Bill of Sale attested by an Advocate and Solicitor |
| I, of , do solemnly and sincerely declare as follows: |
| 1. The paper writing hereto annexed and marked “A” is a true copy of a bill of sale and of every schedule or inventory thereto annexed or therein referred to and of every attestation of the execution thereof as made and given and executed by (1) . |
| 1 i.e. the grantor. |
| 2. The said bill of sale was made and given by the said (1the grantee.) on the day of 20 to (2) . |
| 2 i.e. |
| 3. I was present and saw the said (1) duly execute the said bill of sale on the said day of 20 . |
| 4. The said (1) resides at [state residence at time of making the declaration] and is [state occupation]. |
| 5. The said (2) resides at [state residence at time of making the declaration] and is [state occupation]. |
| 6. The name subscribed to the said bill of sale as that of the witness attesting the due execution thereof is in the proper handwriting of this declarant. |
| 7. I am an Advocate and Solicitor of the Supreme Court and reside at . |
| 8. Before the execution of the said bill of sale by the said (1) I fully explained to him [or her] the nature and effect thereof. |
| 9. The said bill of sale was not prepared by me or by any person in my employment, nor am I the Advocate and Solicitor of the grantee thereof. |
| 10. I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths and Declarations Act 2000. |
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| Declaration on Registration of Bill of Sale not attested by an Advocate and Solicitor |
| I, of , do solemnly and sincerely declare as follows: |
| 1. The paper writing hereto annexed and marked “A” is a true copy of a bill of sale and every schedule or inventory thereto annexed or therein referred to and of every attestation of the execution thereof as made and given and executed by (1) . |
| 1 i.e. the grantor. |
| 2. The said bill of sale was made and given by the said (1 the grantee.) on the day of 20 to (2) . |
| 2 i.e. |
| 3. I was present and saw the said (1) duly execute the said bill of sale on the said day of 20 . |
| 4. The said (1) resides at [state residence at time of making the declaration] and is [state occupation]. |
| 5. The said (2) resides at [state residence at time of making the declaration] and is [state occupation]. |
| 6. The said bill of sale was duly attested in my presence by of [a Magistrate or a Registrar, etc.], who before its execution fully explained to the said the nature and effect thereof. |
| 7. The name subscribed to the said bill of sale as that of the witness attesting the due execution thereof is in the proper handwriting of the said . |
| 8. I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths and Declarations Act 2000. |
| Made, etc. |
| Declaration of Renewal of Registration |
| I, of , do solemnly and sincerely declare that a bill of sale bearing date the day of 20 and made between [insert the names, addresses and descriptions of the parties to the original bill of sale] of the one part and of the other part, of which a copy was registered on the day of 20 is still a subsisting security, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths and Declarations Act 2000. |
| Made, etc. |
| Declaration of Transfer or Assignment of Bill of Sale |
| I, of , do solemnly and sincerely declare that a bill of sale bearing date the day of 20 and made between [insert the names, addresses and descriptions of the parties to the original bill of sale] of the one part and of the other part, of which a copy was registered on the day of 20 [and which was last registered on the day of 20 ] is still a subsisting security and was by an indenture bearing date the day of 20 transferred to of , which said indenture is now produced and shown to me marked , and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths and Declarations Act 2000. |
| Made, etc. |
| THIRD SCHEDULE |
| Section 14(1) |
| Form of register |
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LEGISLATIVE HISTORY
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Abbreviations
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Archived for legal research. Authoritative version at sso.agc.gov.sg.