Full legislation
s.14
Limitation of causes of seizure
Personal chattels assigned under any bill of sale made or given by way of security
for the payment of money shall not be liable to be seized or taken possession of by the
grantee for any other than the following
causes—
(Amended
55 of 1967 s. 5
)
(a)
if the grantor makes default in payment of the sum or sums of money thereby
secured at the time therein provided for payment or in the performance of any
covenant or agreement contained in the bill of sale and necessary for maintaining
the security; or
(b)
if the grantor becomes a bankrupt or suffers the said goods or any of them to
be distrained for rent, rates, or taxes; or
(c)
if the grantor fraudulently either removes or suffers the said goods or any of
them to be removed from the premises; or
(d)
if the grantor does not, without reasonable excuse, upon demand in writing by
the grantee, produce to him his last receipts for rent, rates, and taxes;
or
(e)
if execution has been levied against the goods of the grantor under any
judgment at law:
Provided that the grantor may, within 5 days from the seizure or taking possession
of any chattels on account of any of the above-mentioned causes, apply to the court or
judge who may, if satisfied that, by payment of money or otherwise, the said cause of
seizure no longer exists, restrain the grantee from removing or selling the said
chattels or may make such other order as may seem just.
(Amended
50 of 1911
;
51 of 1911
;
62 of 1911
Schedule
;
63 of 1911
Schedule
)
[cf. 1882 c. 43 s. 7 U.K.]