Bills of Sale
BILLS OF SALE ACT
CHAPTER 82:32
LAWS OF TRINIDAD AND TOBAGO
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–12 ..
L.R.O.
Act
33 of 1925
Amended by
45 of 1979
6 of 1993
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LAWS OF TRINIDAD AND TOBAGO
2 Chap. 82:32 Bills of Sale
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on Adaptation
Certain fees in this Chapter were increased by the Commission under paragraph 4 of
the Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal
reference in the form normally indicating an amendment is made to LN 51/1980 (the
Legal Notice by which the President’s approval was signified).
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LAWS OF TRINIDAD AND TOBAGO
Bills of Sale Chap. 82:32 3
CHAPTER 82:32
BILLS OF SALE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Application of Act.
3. Interpretation.
4. Certain instruments giving powers of distress to be subject to
this Act.
5. Fixtures or growing crops not to be deemed separately assigned.
6. Bill of sale to have schedule of property attached.
7. After-acquired property.
8. Exception.
9. Bill of sale to be void unless attested and registered.
10. Power to seize chattels.
11. Form.
12. Execution and registration.
13. Bill of sale under one hundred dollars.
14. Chattels not to be removed or sold.
15. Rates and taxes.
16. Avoidance of certain duplicate bills of sale.
17. Renewal of registration.
18. Rectification of register.
19. Entry of satisfaction.
20. Affidavits.
21. Time for registration.
22. Fees.
Application of fees.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
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LAWS OF TRINIDAD AND TOBAGO
4 Chap. 82:32 Bills of Sale
CHAPTER 82:32
BILLS OF SALE ACT
An Act relating to Bills of Sale.
[18TH JUNE 1925]
1. This Act may be cited as the Bills of Sale Act.
2. This Act shall apply to every bill of sale (whether the
same be absolute, or subject or not subject to any trust) whereby
the holder or grantee has power, either with or without notice,
and either immediately or at any future time, to seize or take
possession of any personal chattels comprised in or made subject
to such bill of sale.
3. In this Act—
“bill of sale” includes bills of sale, assignments, transfers,
declarations of trust without transfer, inventories of goods
with receipt thereto attached, or receipts for purchase moneys
of goods, and other assurances of personal chattels, and also
powers of attorney, authorities, or licences to take possession
of personal chattels as security for any debt, and also any
agreement, whether intended or not to be followed by the
execution of any other instrument, by which a right in equity
to any personal chattels, or to any charge or security thereon,
is conferred; but does not include the following documents,
that is to say, Deeds whereby any live stock or dead stock
or other chattels are conveyed or mortgaged together with
any plantation or lands, assignments for the benefit of the
creditors of the person making or giving the same, marriage
settlements, assignments of any ship, vessel, boat, or craft
of any description or any share thereof, transfers of goods
in the ordinary course of business of any trade or calling,
bills of sale of goods not in Trinidad and Tobago, bills of
lading, India warrants, warehouse-keepers’ certificates,
warrants or orders for the delivery of goods, or any other
1950 Ed.
Ch. 31. No. 8.
33 of 1925.
Commencement.
Short title.
Application of
Act.
Interpretation.
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LAWS OF TRINIDAD AND TOBAGO
Bills of Sale Chap. 82:32 5
documents used in the ordinary course of business as proof
of the possession or control of goods authorising or
purporting to authorise either by endorsement or by delivery
the possessor of such document to transfer or receive goods
thereby represented;
“mortgage bill of sale” means any bill of sale given by way of
security for the payment of money;
“personal chattels” means goods, furniture, and other articles
capable of complete transfer by delivery, and (when
separately assigned or charged) fixtures; but does not
include chattel interests in real estate, nor fixtures when
assigned together with a freehold or leasehold interest
in any land or building to which they are affixed, nor
growing crops, nor shares or interests in the stock, funds,
or securities of any government or in the capital or
property of incorporated companies, nor things in action,
nor any live or dead stock or produce upon any
plantation which by virtue of any covenant or agreement
ought not to be removed from the plantation where the
same are at the time of the making or giving of such bill
of sale;
“Registrar” means the Registrar General.
4. Every attornment, instrument or agreement whereby a
power of distress is given or agreed to be given by any person
to any other person by way of security for any present, future
or contingent debt or advance, and whereby any rent is reserved
or made payable as a mode of providing for the payment of
interest on such debt or advance, or otherwise for the purpose
of such security only, shall be deemed to be a bill of sale within
the meaning of this Act of any personal chattels which may be
seized or taken under such power of distress. However, nothing
in this section shall extend to any mortgage of any estate or
interest in any lands or tenements which the mortgagee, being
in possession, has demised to the mortgagor as his tenant at a
fair and reasonable rent.
Certain
instruments
giving powers
of distress to be
subject to this
Act.
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LAWS OF TRINIDAD AND TOBAGO
6 Chap. 82:32 Bills of Sale
5. No fixtures shall be deemed, under this Act, to be separately
assigned or charged by reason only that they are assigned by
separate words, or that power is given to sever them from the land
or building to which they are affixed without otherwise taking
possession of or dealing with such land or building, if by the same
instrument any freehold or leasehold interest in the land or building
to which such fixtures are affixed is also conveyed or assigned to
the same persons or person.
6. 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, save as hereinafter
mentioned, shall have effect only in respect of the personal chattels
specifically described in the said schedule, and shall be void, except
as against the grantor, in respect of any personal chattels not so
specifically described.
7. Save as hereinafter mentioned, a bill of sale shall be void,
except as against the grantor, in respect of any personal chattels
specifically described in the schedule thereto of which the grantor
was not the true owner at the time of the execution of the bill of sale.
8. Nothing contained in this Act shall render a bill of sale
void in respect of any fixtures separately assigned or charged, where
such fixtures are used in, attached to, or brought upon any land,
plantation, factory, workshop, shop, house, warehouse or other
place in substitution for any of the like fixtures specifically
described in the schedule to such bill of sale.
9. Every bill of sale and every transfer or assignment thereof
shall be duly attested and shall be registered within seven clear
days after the execution thereof, or if it is executed in any place
out of Trinidad and Tobago, then within seven clear days after the
time at which it would in the ordinary course of post arrive in
Trinidad and Tobago if posted immediately after the execution
thereof; and shall truly set forth the consideration for which it was
given; otherwise such bill of sale, transfer, or assignment shall be
void in respect of the personal chattels comprised therein.
Fixtures or
growing crops
not to be
deemed
separately
assigned.
Bill of sale to
have schedule of
property
attached.
After-acquired
property.
Exception.
Bill of sale to be
void unless
attested and
registered.
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Bills of Sale Chap. 82:32 7
10. Personal chattels assigned under a mortgage bill of sale
shall not be liable to be seized or taken possession of by the grantee
for any other than the following causes:
(a) if the grantor makes default in payment of the
sum or sums of money thereby secured at the time
therein provided for payment, or in the
performance of any covenant or agreement
contained in the mortgage bill of sale and
necessary for maintaining the security;
(b) if the grantor becomes a bankrupt, or suffers the
said goods or any of them to be distrained for
rent, rates, or taxes;
(c) if the grantor, fraudulently either removes or
suffers the said goods, or any of them, to be
removed from the premises;
(d) if the grantor, without reasonable excuse, upon
demand in writing by the grantee, fails to
produce to him his last receipts for rent, rates,
and taxes;
(e) if execution has been levied against the goods of
the grantor under any judgment at law.
However, the grantor may, within five days from the seizure or
taking possession of any chattels on account of any of the above-
mentioned causes, apply to the High Court or to a Judge thereof,
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.
11. A mortgage bill of sale shall be void, except as against
the grantor, unless made in accordance with the form set out
in the First Schedule. However, no variation of such form shall
render a bill of sale void if the Court is satisfied that such
variation was accidental or due to inadvertence or to some
other sufficient cause and is not of a nature to prejudice the
rights of third parties.
Power to seize
chattels.
Form.
First Schedule.
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LAWS OF TRINIDAD AND TOBAGO
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12. Every bill of sale shall be executed, attested, and registered
under this Act in the following manner:
(a) such bill of sale shall be executed by the grantor
in the presence of such persons and attested and
subscribed in such manner as by the law for the
time being in force is necessary to render it
capable of registration as a Deed;
(b) every schedule or inventory annexed to a bill of
sale or referred to therein shall be registered with
such bill of sale, otherwise the registration shall
be void;
(c) if the bill of sale is made or given subject to
any defeasance or condition or declaration of
trust not contained in the body thereof, such
defeasance, condition, or declaration shall be
deemed to be part of the bill, and shall be
written on the same paper or parchment
therewith before the registration, otherwise the
registration shall be void.
In case two 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.
13. Every mortgage bill of sale made or given in consideration
of any sum under one hundred dollars shall be void.
14. All personal chattels seized or of which possession is taken
under or by virtue of any mortgage bill of sale 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.
15. A mortgage bill of sale to which this Act applies shall be
no protection in respect of personal chattels included in such bill
of sale which but for such bill of sale would have been liable to
distress for the recovery of rates or taxes.
Execution and
registration.
Bill of sale
under $100.
[51/1980].
Chattels not to
be removed or
sold.
Rates and taxes.
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Bills of Sale Chap. 82:32 9
16. When a subsequent bill of sale is executed within or on
the expiration of seven days after the execution of a prior
unregistered bill of sale and comprises all or any part of the personal
chattels comprised in such prior bill of sale, then if such subsequent
bill of sale is given as a security for the same debt as is secured by
the prior bill of sale, or for any part of such debt, it shall, to the
extent to which it is a security for the same debt or part thereof,
and so far as respects the personal chattels or part thereof comprised
in the prior bill, be absolutely void, unless it is proved to the
satisfaction of the Court having cognisance of the case that the
subsequent bill of sale was bona fide given for the purpose of
correcting some material error in the prior bill of sale, and not for
the purpose of evading this Act.
17. The registration of a bill of sale must be renewed once at
least every three years, and if a period of three years 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. The renewal of a registration shall be effected
by registering an affidavit stating the date of the bill of sale and of
the last registration thereof, and the names of the parties thereto as
stated therein, and that the bill of sale is still a subsisting security.
Every such affidavit may be in the form set out in the
Second Schedule.
18. Any Judge of the High Court, on being satisfied that the
omission to register a bill of sale or an affidavit of renewal thereof
within the time prescribed by this Act was accidental or due to
inadvertence, may, in his discretion, extend 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 to direct.
19. On the production of a receipt or memorandum signed by
the grantee, his executors, administrators, or assigns,
acknowledging that the debt for which any mortgage bill of sale
was made or given has been satisfied or discharged, the signature
Avoidance of
certain duplicate
bills of sale.
Renewal of
registration.
Second
Schedule.
Rectification of
register.
Entry of
satisfaction.
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LAWS OF TRINIDAD AND TOBAGO
10 Chap. 82:32 Bills of Sale
Affidavits.
Time for
registration.
[45 of 1979].
Fees.
Third Schedule.
Application of
fees.
or signatures of such grantee, his executors, administrators, or
assigns, being duly attested by one witness at least and verified by
the affidavit or solemn declaration of such witness, the Registrar
shall endorse upon or annex to such mortgage bill of sale an entry
to the effect that such bill of sale is discharged and the same shall
be deemed to be discharged accordingly.
20. Every affidavit or solemn declaration required by or for
the purposes of this Act may be sworn before any person
empowered to take affidavits or solemn declarations required for
the registration of Deeds by the law for the time being in force in
Trinidad and Tobago.
21. When the time for registering or renewing the registration
of a bill of sale expires on a Saturday, Sunday, public holiday or
other day on which the Registrar’s office is closed, the registration
shall be valid if made on the next following day on which the
office is open.
22. (1) The fees set out in the Third Schedule shall be paid to
the Registrar.
(2) All fees received by the Registrar under this Act shall
be accounted for in the same manner as any other fees received by
him by virtue of his office.
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LAWS OF TRINIDAD AND TOBAGO
Bills of Sale Chap. 82:32 11
FIRST SCHEDULE
MORTGAGE BILL OF SALE
THIS DEED 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 A.B. by C.D., the receipt of which the said A.B. hereby acknowledges
[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 by way of security for the payment of the sum of $ ................ and interest
thereon at the rate of ................. per cent [or whatever else may be the rate of
interest or without interest as the case may be]. And the said A.B. doth further
agree and declare that he will duly pay to the said C.D. the principal sum aforesaid
[if interest provided for, add], together with the interest then due by equal
.......................................................................................................... payments of
$ ................ on the ................. day of ........................... 20........
[or whatever else may be the stipulated times or time for 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 this behalf in the Bills of Sale Act.
In witness, etc.
SECOND SCHEDULE
AFFIDAVIT OF REGISTRATION
I, ...................................... A.B. ............................. of ............................. do
swear that a bill of sale, bearing date the ............... day of .............................,
20........, and made between [insert the names of the parties in the original bill
of sale], and which said bill of sale was registered on the .............. day
of.................................................,20........[insert date of registration], is still a
subsisting security.
Sworn, etc.
Section 11.
Section 17.
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LAWS OF TRINIDAD AND TOBAGO
12 Chap. 82:32 Bills of Sale
THIRD SCHEDULE
FEES
The following fees shall be paid to the Registrar, namely—
On registering any bill of sale, transfer, or assignment by which
any property is sold, mortgaged or assigned, when the consideration
money expressed to be paid does not exceed $300.00 … …
And when such consideration money exceeds the sum of $300.00
and does not exceed the sum of $500.00 … … …
And when such consideration money exceeds the sum of
$500.00 … … … … … …
On the affidavit or instrument used for the purpose of re-
registering or discharging a bill of sale or bills of sale, in respect of
each bill of sale so re-registered or discharged—
When the consideration money does not exceed the sum of
$300.00 … … … … … …
When the consideration money exceeds the sum of $300.00 …
Section 22.
[45 of 1979
6 of 1993].
$20.00
$40.00
$60.00
$20.00
$40.00
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