The Placer herald., 1857-06-13
AN ACT


passed May llth, A. D. 1858.
The People Of the State Of California, repre-
Sented IN Senate and assembly, do enact as
follors;
Section !. Section first of said Act is amended
as to read as follows: Section. first. Chattel
mortgages may be made on the following proper
ty, to secure the payment of just Indebtedness
Upholstery and furniture used in hotels and pub
lie boarding houses, when mortgaged to secure
the purchase money Of the identical articles mort
gagged, and not otherws mining claims, saw
mill grist mill and steamboat machinery; tools
and machinery used by machinists. toundrymen
and other mechanics; steamboat boilers, steam
engines, printing presses and other printing ma
terals: possessory claims on the lands of the
State, with the improvements thereon; quartz
claims with the machinery and buildings connect
ed Herewith; waterditches fumes and aqueducts;
tunnels cuts, and other improvements in mining
claims; instruments. and chests of a surgeon, ply
scian or dentist, with their professional librarT,
and libraries of all other persons; stock in any
incorporated company. No mortgage made by
virtue of this Act, shall have any legal force
effect Except between the parties thereto) unless
the residence OF the mortgager and mortgagee,
their profession, trade or occupation. the sum to
be secured the rate of interest to be paid, when
and where payable, shall lie set out in the mort
gage, and the mortgager and mortgagee shall
make affidavit that the mortgage is bona fde, and
made without any design to detraud or delay
creditors which affidavit shall be attached 10 such
mortgage
See 2. All mortgages made in pursuance of this
Act, with the affidavit att ched,) shall be rec ord
ed in the county where the mortgager lives, and
also in the county where the property is located:
Prorided, that property in transitu, from the pos
session of the MORTGAGE to the county of the res
dence OF the mortgager or to a location for use,
shall, during reasonable time for such transpor
tation, be considered as located 1t shall be the
a he tOuDfV Recorders n tO
provide proper books OF record and of index, in
which they shall make a true copy or record of
all mortgages made in pursuance of the provs-
ions Of this Act and left with them for record,
and they shall enter in alphabetical order, the
names of the mortgage and mortgager in such
index books: The Recorders shall note on the
mortgages and in the index books, the time (in
like manner as mortgages on real estate) when
the same was received into the Office for record,
and the recording shall take effect from that time:
The Recorder 5 fees for recording and ndeXing
shall be the same as are allowed him by law for
like services for recording deeds of real estate. to
be paid in advance, by the person presenting the
same for record.
Sec. s. No chattel mortgage shall be valid (ex-
cept between the parties thereto) unless the same
shall have been made, executed. and recorded. in
conformity to the provisions of this Act; prOeided
hotrccer, If the mortgage receives and retains
the actual possession of the property mortgaged,
he may omit the recording Of his mortgage du-
ring the continuance Of such actual possession.
Sec. t. \ right of redemption shall remain in
the mortgager. until the same shall have been
tOrecoscd by due process of law. or by agreement
between the parties to the mortgage, which agree
ment shall be entered on the record of the mort
age. and for the entering of which the Recorder
shall be entitled to the same rate of fees as for
recording the original, to be paid in advance by
the parties to the mortgage.
Sec. 5. All property, mortgaged in pursuance
q a q T. a n
the suit Of the creditors of the mortgager or mort
gagee. When attached at the suit of the creditor
of the mortgager, such creditor shall pay. ten
der to the mort gagce, the actual amount due him
on such mortgage before the officer making such
attachment, shall be entitled to the actual posses
sion of such property. When property thus sit
uated, and thus redeemed, shall have been sold
10y the officer by virtue of due legal lr0oev,lings
out of the proceeds of the sale he shall-Fir>t
Pay to the creditor the amount advanced by him
to pay the mOrtgagee. with legal interest thereon
Second. Pay all legal costs and fees appcrtanng
TO the Judgment, execution and sale: Third. Pay
the Judgment creditor the amount of the udg-
ment, and any remaining surplus pay to the judg
mcnt debtor. If the creditor Of the mortgager
prefers, he may cause to be attached the right OF
redemption of said mortgagcr and cause the same
to he sold. subject to the rights of the mort gagee
Such attachment shall be made, by leavinga copy
Of the writ of attachment, with notice of the at
tachment, with the mOrgagce When a sale of
such equity is made on an execution obtained by
such attaching creditor, the sum realized shall be
applied to the payment of costs. fees, discharge
of the execution. and any remainder paid to the
Judgment debtor. When the interest of the mort
gagee shall be attached, copy of the writ of at
taChment shall be left with the mortgager with
notice of the attachments and any payment made
by him to the mortgagee after such notice. shall
not release the attachment or affect the rights of
the attaching creditor; but said mortga ger may
IA the IN IL
Ger who made the attachment. and thercupon said
officer shall release said attachment. and hold the
money so paid him in the same manner as if he
had originally attached said money
Sec. 8. This act shall not be so construed as to
interfere or conflict with the lawful mining rules
regulations or customs in regard to the locating
holding or forfeiture of claims, but all cases of
mortgages OF mining interests under this Act the
mortgagee shall have the ri ght to perform the
same acts that the mortgager might have per-
formed for the purpose of preventing a forfeiture
of the same under the said rules, regulations or
customs Of mines, and shall be allowed such com
pensation therefor as shall be deemed Just and
equitable by the Court ordering the sale upon a
foreclosure; prorided, that such compensation
shall in no exceed the amount realized from
the claim by foreclosure and sale.
Sec. l. She mortgage in all mort cages made
under this Act. shall he allowed one day for every
twenty miles of the distance between his residence
and the County Recorders s Office, where such
mortgage ought by law to be recorded to conform
to the provisions of this Act, before any attach
ment shall be valid made by the creditors of the
mortgager.
Sec. g. Mortgages may be made on all kinds of
water-crait of five tons burthen or upwards, Gus
tom House measurement, whether propelled in
whole or in part by steam, wind; propided, that
the requirements of the preceding sections are
complied with; ami propided FURTHER, that an en-
dorscmcnt shall be made on the Custom House
register or enrolment of such vessel showing the
amount for which the same is mort ged and the
place, book, and page where The is recorded:
and pr0rided diSo that this section shall not be
construed to effect or impair in any way whatever,
maritime liens.
Approved April goth, 1857
AN ACT