Statutory Instruments
SUPREME COURT OF JUDICATURE, ENGLAND
Made
12th December 1960
Laid before Parliament
19th December 1960
Coming into Operation
2nd January 1961
We, the authority having for the time being power to make rules of court for the Supreme Court, hereby make the following Rules in exercise of the power conferred on us by section 21 of the Bills of Sale Act, 1878:-
1. These Rules may be cited as the Bills of Sale (Local Registration) Rules, 1960, and shall come into operation on the second day of January, 1961.
2.-(1) The Interpretation Act, 1889, shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(2) In these Rules-
"affidavit of renewal" means
"registrar of bills of sale" means
"section 11 of the Act of 1882" means
3. Every copy of a bill of sale or of an affidavit of renewal which is transmitted to a county court registrar under section 11 of the Act of 1882 shall bear a certificate by the registrar of bills of sale showing the date on which the registration or, as the case may be, the renewal of registration, of the bill of sale was effected and the date on which the copy of the bill of sale or affidavit is transmitted to the county court registrar.
4. Where a memorandum of satisfaction has been written on a registered copy of a bill of sale, the registrar of bills of sale shall transmit a notice of satisfaction in the form set out in the Schedule to these Rules to every county court registrar to whom a copy of the bill of sale was transmitted under section 11 of the Act of 1882.
5. Every county court registrar shall number consecutively the copies of bills of sale and of affidavits of renewal transmitted to him under section 11 of the Act of 1882 and shall file and keep them in the court office.
6. Every county court registrar shall keep an alphabetical index of the copies of bills of sale and of affidavits of renewal transmitted to him under section 11 of the Act of 1882 and shall enter in the index under the first letter of the surname of the grantor of every bill the grantor's full name, address and description and the number of the copy of the bill of sale or affidavit.
7. A county court registrar to whom a notice of satisfaction is transmitted shall annex the notice to the copy of the bill of sale to which it relates and shall add to the entry in the index relating to the bill of sale a note that it has been satisfied.
8. The Rules of the Supreme Court relating to the Bills of Sale Acts, 1878 and 1882, and dated the 28th day of December, 1883(1), are hereby revoked.
Kilmuir, C
Parker of Waddington, C.J
Evershed, M.R
Merriman, P
Harold Danckwerts, J
Reginald W. Goff
John F. Donaldson
Charles Norton
W.O. Carter
Dated the 12th day of December, 1960
Rule 4
These Rules, which replace those of 1883, prescribe the procedure to be followed on the registration of a bill of sale with the registrar of the county court in the district of which the grantor resides. The Rules take into account the fact that under section 23 of the Administration of Justice Act, 1925, local registration is now effected by sending the county court registrar a copy instead of an abstract of the bill. The only other change of substance is that the provisions of the 1883 Rules relating to searching, inspecting and taking extracts and copies of the bills so registered have been omitted, since these matters are regulated by the Bills of Sale Acts themselves.
Rev. 1903 XII, p. 546.