Interpretation

(1) In this Act, unless the context otherwise requires“bill of sale” includes bills of sale, assignments, transfers, declarations of trust without transfers, 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, (a) assignments for the benefit of the creditors of the person making or giving them, marriage settlements, transfers or assignments of any ship or vessel or any share thereof, transfers of goods in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehouse-keepers’ certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary 6 Bills of Sale Act course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented; or (b) an instrument charging or creating any security on, or declaring trusts of, imported goods, given or executed at any time prior to their deposit in a warehouse, factory or store, or to their being re-shipped for export, or delivered to a purchaser not being the person giving or executing that instrument; “personal chattels” means goods, furniture and other articles capable of complete transfer by delivery, and, when separately assigned or charged, fixtures and growing crops, but does not include– (a) chattel interests in real estate; (b) fixtures, except trade machinery as hereinafter defined, when assigned together with a freehold or leasehold interest in any land or building to which they are affixed; (c) growing crops when assigned together with any interest in the land on which they grow; (d) shares or interests in the stock, funds or securities of any government, or in the capital or property of incorporated or joint stock companies; (e) choses in action; (f) any stock or produce upon any farm or lands which, by virtue of any covenant or agreement Bills of Sale Act 7 or of the custom of the country, ought not to be removed from any farm where they are at the time of making or giving of the bill of sale. (2) Nothing in sub-section (1) (b) shall affect the operation of section 40 of the Bankruptcy Act in respect of goods comprised in any instrument in this section described if those goods would otherwise be “goods” within the meaning of sub- section (2) (c) of that section. CAP. 244. (3) Personal chattels shall be deemed to be in the “apparent possession” of the person making or giving a bill of sale, so long as they remain or are in or upon any house, mill, warehouse, building, works, yard, land or other premises occupied by him, or are used and enjoyed by him in any place whatever, notwithstanding that formal possession thereof has been taken by or given to any other person.