s.2Definitions and interpretation
2
Section 2Part 0

Definitions and interpretation

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In this Law — “aircraft objects” has the meaning assigned in the Aircraft Protocol; “Aircraft Protocol” means the Protocol to the Convention on International Interests in Mobile Equipment on matters specific to Aircraft Equipment which was concluded at Cape Town, South Africa on 16th November, 2001; “bill of sale” includes bills of sale, assignments, transfers, declarations of trust without transfer 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, but shall not include the following documents, that is to say: assignments for the benefit of the creditors of the person making or giving the same; marriage settlements; transfer or assignments of any ship or vessel, or any share thereof; bills of sale, either absolutely or conditionally, in respect of any aircraft object or transfer or assignment of any aircraft object; transfers of goods in the ordinary course of business of any trade or calling; bills of sale of any goods in foreign parts or at sea; bills of lading; warehouse keepers’ certificates; 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 to receive goods thereby represented; “Cape Town Convention” means the Convention on International Interests in Mobile Equipment concluded at Cape Town, South Africa, on 16th November, 2001; “international interests” has the meaning assigned in the Cape Town Convention; and “personal chattels” means goods, furniture, fixtures and other articles capable of complete transfer by delivery, and shall not include chattel interests in real estate, nor shares or interests in the stock, funds or securities of any government, or in the capital or property of any incorporated or joint stock company, nor choses in action, nor international interests, nor any stock or produce upon any plantation or lands which, by virtue of any covenant, agreement or custom of the country, ought not to be removed from any plantation where the same are at the time of the making or giving of a bill of sale.
Personal chattels shall be deemed to be in the apparent possession of the person making or giving the bill of sale so long as they shall remain or be in or upon any house, mill, warehouse, building, works, yard, land or other premises occupied by him, or as they shall be used and enjoyed by him in any place whatsoever notwithstanding the formal possession thereof may be taken by or given to any other person.

Defined Terms

aircraft objectsAircraft Protocolbill of saleCape Town Conventioninternational interestspersonal chattels