First Schedule (Sections 6, 8, 18, 36)
Registration of Instruments
Form 1
Affidavit
The Chattels Transfer Act
I, ____________________________________________ (full name of deponent), of ____________________________________ (place of residence or business), Uganda, ____________________________________ (occupation), make oath and say as follows—1.The paper writing hereto annexed and marked “A” is a true copy of an instrument under the Chattels Transfer Act, and of every schedule or inventory endorsed on it or annexed to it or referred to in it, and of every attestation of the execution of it, as made and given and executed by __________________________________________________ (full name of grantor)2.The instrument was made and given by ________________________________________________________ (full name of grantor) on the _________ day of ____________________________, 20 ____.3.I was present and saw ________________________________________________________ (full name of grantor) duly execute the instrument on the _________ day of ____________________________, 20 ____, at ________________________________________________________ (state place where instrument executed)4.The grantor, ________________________________________________________________ (full name of grantor), of ________________________________________________________________ (place of residence) is ________________________________________________________________. (occupation) (This may be varied to describe residence and date of instrument.)5.The name subscribed to the instrument as that of the witness attesting its due execution by ________________________________________________________________ (name of grantor) is in the proper handwriting of me, the deponent.6.I am ________________________________________________________ (occupation) and reside at ________________________________________________________. (place of residence)SignedSworn at _______________________________ the _____ day of _________________, 20 ____.Before me ________________________________________________________SignedN. B.—If the grantor is absent from Uganda and executes the instrument by attorney, it shall be sufficient if the deponent states his or her belief as to the present address of the grantor. In the case of a company the registered office should be stated instead of the place of residence.Where the original instrument is filed, the first paragraph of this affidavit should be struck out, and the second and third paragraphs will require some alterations.Republic of Uganda
Form 2
Register Book
The Chattels Transfer Act
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Republic of Uganda
Form 3
Instrument by Way of Security
The Chattels Transfer Act
I, ________________________________________________________, of ________________________________________________________ (state residence and occupation) being owner of the chattels mentioned in the schedule to this instrument (where a schedule is necessary), in consideration of the sum of shs.________________________________________________________ lent and advanced to me by ________________________________________________________ of ________________________________________________________ (state residence and occupation) (or if consideration not an advance of money, state any other consideration for which mortgage given) assign and transfer the chattels to ________________________________________________________ by way of mortgage to secure the payment of the sum of shs. ________________________________________________________ on the _____ day of ____________________, 20 ____, with interest on that sum in the meantime, and so long as the same or any part of it remains unpaid, at the rate of shs. ____________________ percent per year by _____ payments on the _______________ day of the months of ____________________ and _______________ in each year.In witness whereof _____________________________________________ has hereunto subscribed his (or her) name, this _______________ day of ____________________, 20 ____.Signed by the above-named in the presence of:_____________________________________________ (name, address and occupation of the witness)Republic of Uganda
Form 4
Memorandum of Satisfaction
The Chattels Transfer Act
I, __________________________________________________, consent to a memorandum of satisfaction being written upon the instrument (or registered copy of the instrument) given for securing the sum of shs. __________ bearing the date of the _______________ day of _______________, 20 ____, and made between ___________________________________ and _________________________ and registered on the ___________ day of ____________________, 20 ____ as no. _________________________ under the Chattels Transfer Act, the monies for which such instrument was given as a security having been satisfied.Dated this _____ day of _______________, 20 ____.Grantee or assigneeWitness ___________________________________ (residence and occupation)
Second Schedule (Section 44)
Covenants for title
1.That the grantor has good right and full power to assign to the grantee the chattels purporting to be hereby assigned; and that they are free and clear from encumbrances other than such as are herein mentioned.2.That the grantor will, at his or her own cost, do and execute all such acts, deeds, matters and things for the better assigning the chattels hereby assigned, or intended so to be, as by the grantee may from time to time be reasonably required.
Third Schedule (Section 45)
Covenants, provisos and powers implied in instruments
1.That the grantor will pay to the grantee the principal money and interest hereby secured, after the rate and at the time herein mentioned, without any deduction whatever.2.That the grantor will also pay interest on any further advances that may be secured by this instrument, computed from the time of making the advances, respectively, at the rate and on the dates mentioned for the payment of interest in this instrument.3.That the grantor will not, at any time while any monies remain owing on his or her security, do or allow any act or deed by which the chattels hereby assigned shall or may become prejudicially affected, and will at all times, while any monies remain owing on this security, duly pay all rents from time to time coming due in respect of any lands or premises on which any of the chattels hereby assigned are for the time being situate.4.That the grantor will at all times, while any monies remain owing on this security, keep and maintain all and singular the chattels hereby assigned in the like good order and condition in which they are at the date of this instrument; and, if any of the chattels are damaged or destroyed, or cease to exist, will repair the damage, or replace the chattels so destroyed or ceasing to exist with other chattels of a like nature; and further will, if required so to do by the grantee, execute any instrument that may be necessary to give to the grantee security over chattels replacing the chattels which have been destroyed or have ceased to exist.Provisos and agreements implied in instruments
5.Provided always, and it is hereby declared and agreed, that until the grantor makes default in the payment of any of the monies hereby secured, or in the observance or performance of any covenant, condition or agreement herein expressed or implied, and on his or her part to be observed and performed, or until the grantor becomes bankrupt, or until execution is levied against the goods of the grantor and such execution is not stayed or satisfied within ten days, the grantor may retain possession and use of the chattels hereby assigned.6.Provided further that the giving by the grantor to the grantee of any bill of exchange or promissory note for the whole or any part of the money hereby secured shall not, until that bill or note is honoured or met, be considered as payment of or on account of the monies secured by this instrument, or in any way affect or alter the rights or powers of the grantee by virtue of this instrument; and no promissory note or bill of exchange which before, at or at any time after the execution of this instrument may be given by the grantor to the grantee for the whole or any portion of the monies secured by this instrument, or the remedy thereon of the grantee or of the holder of this instrument, shall merge in the covenants herein expressed or implied.Powers implied in instruments
7.Provided always, and it is hereby declared and agreed, that if default is made by the grantor in payment of any of the principal or interest monies hereby covenanted to be paid on the day on which the monies ought to be paid according to the terms hereof, or in the observance or performance of any of the covenants, conditions or agreements herein expressed or implied, and on the grantor’s part to be observed and performed or if the grantor becomes bankrupt, or if at any time execution is levied against the goods of the grantor that execution is not stayed or satisfied within ten days, then and in such case the grantee, either personally or by his or her agent or servants may immediately thereupon or at any time thereafter, without any further consent by the grantor, and without giving to the grantor any notice, or waiting any time, and notwithstanding any subsequent acceptance of any payment of any money due on this security, enter upon any lands or premises on which the chattels for the time being subject to this security may be, and take possession of the chattels, and sell or dispose of the chattels or any part of them by public auction, or if consent as required by section 45 of the Chattels Transfer Act has been obtained, then by private treaty, separately or together, in such lots and generally in such manner in every respect as the grantee deems expedient, with power to allow time for payment of purchase-money, or to buy in those chattels or any part of them at such auction and to rescind or vary the terms of any contract or sale, and to resell without being answerable for any loss or expense occasioned thereby, and to execute all such assurances and do all such things for giving effect to any such sale as may be necessary or proper; and the receipt of the grantee or his or her agent shall be a sufficient discharge to any purchaser at such sale for any of the purchase-money; and upon any sale purporting to be made in exercise of the powers herein expressed or implied, no purchaser shall be bound to inquire as to the propriety or regularity of any such sale or as to whether it is improper or irregular.And it is hereby declared and agreed that the grantee shall stand possessed of the proceeds of any such sale upon trust, after paying thereout the costs, charges and expenses of and incidental to such taking possession, sale and the preparation and registration of this instrument, to apply the proceeds in reduction of the monies then owing on the security of this instrument, including all monies herein covenanted to be paid, notwithstanding that the monies may not then have become due, or that any promissory notes or bills of exchange may then be current for the same, and to pay the balance to the grantor.Powers, covenants and provisions to be implied in instruments over stock
8.That during the continuance of this security, the grantee, his or her agents or servants, may from time to time, and at reasonable times for that purpose, enter into and upon the said lands or premises, or any other lands or premises on which the stock for the time being subject to this security are depasturing, for the purpose of viewing the state and condition of the stock; and that the grantor will, upon receiving seven days’ previous notice in writing delivered to him or her personally or addressed to him or her through the ordinary course of post or otherwise at his or her last-known place of abode in Uganda, give, and afford to the grantee, his or her agents or servants, all reasonable assistance to enable the grantee, his or her agents or servants to view the stock accordingly.9.That there are now depasturing upon the said lands and premises all the stock herein respectively mentioned as depasturing on those lands and premises. And that the grantor will not, during the continuance of this security, without first obtaining the grantee’s consent in writing, further encumber the stock for the time being subject to this security, or change the general quality, character or description of the stock or remove the stock or any part of the stock except in the ordinary course of business, but no sale shall be made so as to reduce the number of the stock stated in this security.And that the grantor will, during the continuance of this security, at the usual and convenient season for so doing, well and properly brand, earmark and mark with the brand, earmark and mark herein specified, all stock for the time being subject to this security, so that all such stock shall bear and continue to bear the brands, earmarks and marks herein specified.And will not, without the leave in writing of the grantee, brand, earmark or mark, or permit to be branded, earmarked or marked any stock for the time being subject to this security with any brands, earmarks or marks, other than the brands, earmarks or marks herein specified.And will at all times during the continuance of this security take, use and adopt all due and proper means for keeping and maintaining all stock now depasturing or that may during the continuance of this security be brought upon the said lands or premises or any part of the lands or premises, free from disease, and in clean and healthy condition. And will at all times during the continuance of this security pay and defray all expenses in and about the good and proper conduct and management of the said lands or premises and give efficient and proper assistance to assist in the said conduct and management. And will every year, on demand by the grantee, render and deliver to him or her a return or account in writing setting forth the number, ages and sexes of the stock for the time being subject to this security and the places where the stock are depasturing or kept.10.That all stock belonging to the grantor, branded, earmarked or marked as aforesaid, or covenanted so to be, of which possession has been taken, under the power in that behalf herein contained, shall be subject to the same powers, provisions, declarations and agreements as are herein expressed or implied of and concerning the stock and increase of stock herein expressed to be assigned, and may be dealt with in the same manner in all respects as if the stock of which possession is taken as aforesaid had formed part of the stock hereby assigned; and that the grantor will, at his or her own cost and charges, do and execute all such deeds, matters and things as may be necessary, or as the grantee may think proper, for the further, better and more perfectly assigning and assuring to the grantee the stock, and increase of stock, and all and singular other premises hereby assigned or intended so to be, or the stock for the time being on the said lands or premises, and any stock branded, earmarked or marked as aforesaid, or covenanted so to be, of which possession has been taken as aforesaid, so that the same may be held by the grantee upon and for the same ends, intents and purposes, and with, under and subject to the same powers, provisos, agreements and declarations as are herein expressed or implied of and concerning the stock and premises herein expressed to be assigned. And will from time to time, and at all times during the continuance of this security, pay all and singular the fees and other outgoings and payments, and perform and observe all rules and regulations, and conditions which by the owner for the time being of the said stock or premises respectively now are or shall become at any time hereafter due, payable, observable or performable respectively. And that in case the grantor fails or neglects to pay such fees and other outgoings and payments as aforesaid, or any of them, or any part of them, the grantee may make such payments respectively. And that the grantor will from time to time and at all times hereafter, on demand, pay or cause to be paid to the grantee all sums of money paid or advanced by the grantee in or towards such payment as aforesaid, with interest for the sums of money at the rate of 8 percent per year from the time or respective times when the sums of money were advanced or paid. And that in the meantime, and until such sums of money have been repaid with interest as aforesaid, the stock for the time being subject to this security shall stand charged and chargeable with the payment of the same in like manner as if the same had been principal monies secured by this instrument. That in case the grantee exercises any power of entry or taking possession vested in him or her hereunder, then he or she or any person or persons appointed by him or her for the purpose may continue in possession of the said stock and of the lands or premises on which the stock are depasturing or kept until the sale thereof, and manage, conduct and carry on the said lands and stock, and employ servants and assistants, and provide all necessary stores in that behalf in all respects as the grantor could do if such power had not been exercised; and the grantee for any such purpose shall be entitled without any interference by the grantor to use all branding, earmarking, marking and other implements and plant on or used in connection with the said lands or premises; and, further, that the costs, charges, and expenses of so doing, from the time of such entry and taking possession until the sale and delivery of the said stock and premises to any purchaser thereof, shall, together with interest thereon after the rate aforesaid, until payment, be a charge upon the stock for the time being subject to this security.Power to be implied in instruments over crops
11.If the grantor does not pay to the grantee the monies hereby secured, with interest and commission thereof as herein mentioned, at the time herein mentioned for payment of the same, the crops hereby assigned shall be gathered, carried away and made marketable either by the grantor or by the grantee at the option of the grantee, but in either case at the expense of the grantor, and shall (if gathered by the grantor) be delivered by the grantor to the grantee or his or her order at the place of delivery herein mentioned (or, if no such place is mentioned in the instrument, at such place as the grantee directs); and the grantee may either sell the crops in Uganda in one or more lots by public auction or if consent as required by section 41 of the Chattels Transfer Act has been obtained, then by private treaty, or partly in the one way and partly in the other, and upon such terms and conditions as to credit and otherwise as he or she thinks fit, or may cause the crops to be shipped or exported to any place or places out of Uganda, to be sold by his or her agents in the manner and on the terms aforesaid, without being responsible for any loss or deficiency occasioned either by the shipment of the crops or by any sale or sales of the crops, whether in Uganda or elsewhere, or by the act, neglect or default of any agent, broker or other person; and may from the proceeds pay himself or herself the monies hereby secured, and any rent payable to any landlord, and any monies payable to any mortgagee or other person that he or she may be compelled to pay in order to protect his or her security over the crops, and all costs, mercantile and other charges and expenses incurred in and about the harvesting, sale, shipment and carrying away of the crops, and the storage and freight of the crops, or on any other account connected with the realisation thereof, and shall pay over the balance, if any, to the grantor.Power to be implied in instrument over wool
12.If the grantor does not pay to the grantee the monies hereby secured, with interest and commission on the monies as herein mentioned, at the time herein mentioned for payment of the same, the flock of sheep mentioned in this instrument, and the increase of that flock, and all other sheep which if this instrument were an instrument by way of security over sheep would be included in it, shall be shorn either by the grantor, or by the grantee, at the option of the grantee, but in either case at the expense of the grantor, at the usual and proper season for so doing; and the wool of those sheep shall with all convenient speed be properly sorted and packed in good bales, marked with the proper brand of the wool, and shall be delivered by the grantor to the grantee or his or her order at the place of delivery herein mentioned (or, if no such place is mentioned in the instrument, at such place as the grantee directs); and the grantee may either sell the wool in Uganda, in one or more lots, by public auction or if consent as required by section 41 of the Chattels Transfer Act has been obtained by private treaty, or partly in the one way and partly in the other, and upon such terms and conditions as to credit and otherwise as he or she thinks fit, or may cause the wool to be shipped or exported to any place or places out of Uganda, to be sold by his or her agents in the manner and on the terms aforesaid, without being responsible for any loss or deficiency occasioned either by the shipment of the wool or by any sale or sales of it, whether in Uganda or elsewhere, or by the act, neglect or default of any agent, broker or other person; and may from the proceeds pay himself or herself the monies hereby secured, and any rent payable to any landlord, and any monies payable to any mortgagee or other person that he or she may be compelled to pay in order to protect his or her security over the said wool, and all costs, mercantile and other charges and expenses incurred in and about the shearing of the said sheep, and the packing, carrying away, sale and shipment of the said wool, or on any other account connected with the realisation thereof, and shall pay over the balance, if any, to the grantor.
Fourth Schedule (Section 50)
Transfer of Instruments
I, ________________________________________, of ________________________________________________________________________________ (state residence and occupation of transferor) the grantee of the instrument registered in the office of the registrar/area registrar ________________________________________ as no. ________________________________________, under the Chattels Transfer Act, do in consideration of _______________________________________________________ (state consideration), transfer to _________________________________________________________________of__________________________________ estate all my rights, title, estate (state residence and occupation of transferee) and interest in and to the chattels comprised in the instrument.As witness my hand this _____ day of ____________________, 20 ____.TransferorSigned by the transferor in the presence of________________________________________________________________________________ (residence and occupation)