South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"bill of sale" includes bills of sale, assignments, transfers, declarations of
trust without transfer, inventories of goods with a receipt for the goods
attached, or receipts for purchase-money 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 on personal chattels is conferred, but does not include
the following documents: Assignments for the benefit of creditors made
pursuant to any statutory provision, marriage settlements, transfers or
assignments of any ship or vessel, or any share of a ship or vessel, stock
mortgages, agreements conferring a preferable lien on wool, 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, warehouse-keepers'
certificates, dock warrants, warrants or orders for the delivery of goods, or
any other documents used in the ordinary 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 referred to in the document;
"contemporaneous advance" includes as well as a contemporaneous advance of
money by the grantee to the grantor the sale of goods or property upon credit,
or the drawing, accepting, endorsing, making or giving of any bill of
exchange, promissory note, or guarantee, or other matter or thing by the
grantee to, for, or on behalf of the grantor on the security of any bill of
sale, and contemporaneously with the giving thereof;
"dealing" with a bill of sale means transfer, assignment, extension,
variation, correction or discharge of the bill of sale;
"grantee" means the person to whom a bill of sale is given, and includes his
or her executors, administrators, and assigns and where the grantee is a body
corporate the term includes the successors in title of that body corporate;
"grantor" means the person giving the bill of sale, and includes his or her
executors, administrators, and assigns and where the grantor is a body
corporate the term includes the successors in title of that body corporate;
"personal chattels" means horses or cattle, furniture, goods, chattels, and
other articles capable of complete transfer by delivery, and (when separately
assigned or charged) fixtures or growing crops; but does not include chattel
interests in real estate, nor fixtures (except trade machinery), when assigned
together with a freehold or leasehold interest in any land or building to
which they are affixed, nor growing crops when assigned together with any
interest in the land on which they grow, nor debentures, shares, or interests
in the stock, funds, or securities of any government, or in the capital or
property of any company, nor choses in action; nor sheep, pigs, goats, camels,
mules, or donkeys, nor wool on the sheep's back, nor more than ten horses or
more than ten head of cattle belonging to one owner;
"Registrar" means the Registrar-General;
"registry" means the General Registry Office;
"trade machinery" means the machinery used in or attached to any factory or
workshop.
(2) Fixtures and
growing crops will not be taken 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, or from the land on
which they grow, if by the same instrument any freehold or leasehold interest
in the land or building to which such fixtures are affixed, or in the land on
which such crops grow, is also conveyed, mortgaged, or assigned to the same
persons or person.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.