Lexington union. (Lexington, Miss.) 1838-18??, 1839-05-25

40 excCutcu cItucT
!" by him, or by any one, under whom he
4" claims. Given under my hand and the
+" seal of said court, this day Of
l6 -
Which may be placed on the mortgage.
Form of I'd certificate to be dated al
least three months afterwards.
State OF Mississippi, County,
~ Clerk of the Probate
"Court ofsaid County, do hereby certify,
F" that since the day of
"lS when the mortgage of
"to the Mississippi Union Bank was re.
+" corded, in my Office, no other mortgage,
I" deed Of conveyance,or other incumbrance
I" OF any description whatsoever, has been
I" recorded, or delivered for record IN my
"oflice, upon the property by him mort.
gagged to said Bank.
"Given under my hand and seal Of
/" Office, this day Of ls >,
When the mortgage is returned to this
place, after recording, it mus, also be ac-
companied by the certificate Of the Clerk
of the Circui, Court Of the county in which
the mortgager resides; in the form follow
ing, 10 wit:
I" State Of Mississippi, County,
"I Clerk Of the Circuit
+" Court Of SAID county, (the same being
" the county of the residence Of
/" do hereby certify that there is no judg.
"ment remaining unsatsfed upon the re-
{" cords of my Office against the said
(or if there be any, stating the
amount, and that there was none known
"'o me, against those under whom he
/" claims, at the date Of the conveyance 10
I" him respectively, now remaining unsat-
Z" isfed.
"Witness my hand and the seal Of said
/" Court, this day Of l6 ;"
This certificate must bear date, the day
after the mortgage was marked by the
Probate Clerk, as received for record
This certificate may also be placed on the
mortgage; if there be any space.
When the Clerk cannot glvea certificate
in this form, let him give special one
conforming to the particular facts of the
case-and embracing distinctly what he
does and what he does not cerfify--the
certificate need not be recorded.
The mortgages Of those whose titles
we're retained as perfect are, in part, filled
Iup-and arc herewith returned, as are also
the bonds for the amount Of stock. Blank
mortgages are also sent, with blank bonds,
that they may be filled up and executed,
by those who can perfect such defects, as
were pointed out. A transcript Of the
subscription book is also returned that
the blanks in The bonds and mortgages
may be accurately filled up, with the day
of subscribing, the amount subscribed, &c.
1t is earnestly hoped that care will be
taken to have these instructions fully COM
piled with, in all respects--because the
progress of the Bank, in regard to indi.
vidual stock, depends much upon the speed
and accuracy with which the bonds and
mortgages are executed, recorded and re-
turned.
1t is also desired that the bonds and
mortgages be filled up in full round hand
Assoon as the mortgages and bonds now
returned--and the bonds and mortgages Of
those who can perfect or have perfected
then titles, can be executed and recorded,
they are 10 be returned to this place, i'm
mediatly. Every exertion ought to be
used 10 have this done as soon as possible
as it is presumed that those who can per-
feet their titles but have not done so, will
not be excluded, if they can do SO, within
any short time, but the bonds and mort
cages Of those whose titles were perfect, or
have been made SO, are not to be kept back
on any account.
The attorney Of the Bank has ATTEMPTED
to explain himself, in every particular
but will take pleasure in giving any further
instruction that many be desired.
1t may be necessary 10 add (what the
law requires) that the mortgage must be
recorded in each county, in which the land
Iies--in which case, the certificates Of the
Probate Clerk previously referred TOY
must be obtained from each Clerk, in
whose Office; the mortgage is recorded, and
where the mortgage includes negroes il
must also be recorded in the County in
which the mortgagcr resides, If he reside
in County, different from that in which
the negroes remain.
The Bank takes no mortgage on i'm
provements on a plantation. II sometimes
happens that the land Of itself, is not Of SUI.
ficient value to secure the amount Of stock
taken, without including the value Of the
improvements, horses, stock, &c. Ia such
case, the amount Of stock subscribed must
be reduced to the value OF the land alone
and the bond and mortgage must be exc.
cu'ed for that amount only.
IA L - Il