ORDER 35
BILLS OF SALE ACT
Restraining removal or sale of goods seized (O. 35, r. 1)
1.—(1)  Every application to the General Division under section 8(3) must be made by originating application.
(2)  Such an application must be supported by an affidavit setting out the grounds of the application.
(3)  In this Order, “Act” means the Bills of Sale Act, and any reference to a section is a reference to a section in the Act.
Rectification of register (O. 35, r. 2)
2.—(1)  Every application to a Judge sitting in the General Division under section 15 must be made by originating application without notice.
(2)  Such an application must be supported by an affidavit setting out particulars of the bill of sale and of the omission or misstatement in question and stating the grounds on which the application is made.
Entry of satisfaction (O. 35, r. 3)
3.—(1)  Every application to a Judge sitting in the General Division under section 16 must be made by originating application.
(2)  If a consent to the satisfaction in Form 39 signed by the person entitled to the benefit of the bill of sale can be obtained, such an application may be made by originating application without notice to the Registrar of the Supreme Court.
(3)  An application under paragraph (1) must be —
(a)served on the person entitled to the benefit of the bill of sale; and
(b)supported by an affidavit that the debt (if any) for which the bill of sale was made has been satisfied or discharged.
(4)  An application under paragraph (2) must be supported by —
(a)an affidavit setting out the particulars of the consent to the satisfaction; and
(b)an affidavit by a witness who attested the consent verifying the signature on it.
Search of register (O. 35, r. 4)
4.  Any person who wishes to make searches or to obtain copies under section 17 must make a request in writing to the registrar of bills of sale setting out sufficient particulars.
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Last updated 16 Apr 2024
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