The Placer herald., 1857-05-30
AN ACT

4 4 { a,
sented in Senate and assembly, do enact as
fo2oUs;
Section l, Section first Of said Act is amended
so 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 otherwis mining claims, saw
mill grist mill and steamboat machinery; tools
and machinery used by machinists, foundrymen
and other mechanics; steamboat boilers, steam
engines, printing presses and other printing ma
terials; possessory claims on the lands of the
State, with the improvement thereon; quartz
claims with the machinery and buildings connect
ed herewith; water-ditches, fumes and aqueducts
tunnels, cuts. and other Improvements in mining
claims; Instruments and chests OF a surgeon, ply
sican or dentist with their professional librar =
and libraries Of all other persons; stock in any
incorporated company No mortgage made by
virtue of this Act shall have any legal force or
effect Except between the parties thereto) unless
the residence Of the mortgager and mortgagee
their profes, ion, trade occupation. the sum to
be secured, the rate of interest to be paid when
and where payable shall / e set out in the mort
gage, and the mortgager and mortgage shall
make affidavit that the mortgage s bona tde, and
made without any design to detraud or delay
creditors; which affidavit shall be attached 10 such
mortgage.
Sec. O. 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
Pfoc1ded, that property in transitu, from the pos
session Of the mortgagee to the county Of the res
idence OF the mort gager or to a location for USE
shall, during reasonable time for such transpor
tation, be considered as located. 1t shall be the
duty of the County Recorders Of this State to
provide proper books OF record and of index, in
which they shall make true copy or record of
f,f
ions of this Act, and left with them for record,
and they shall enter in alphabetical order the
names Of the mortgagee and mortgager in such
index books: The Recorders shall note on the
mortgages and in the index books, the time. Gn
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 Recorders fees for recording and lndeXlng
shall be the same as 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 g. No chattel mortgage shall be valid, (ex-
cept between the parties thereto) unless the same
shnll have been made, executed and recorded III
conformity to the provisions of this Act; procjded
h0tceUer 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. 4. a right Of redemption shall remain in
the mortgager, until the same shall have been
toreclosed 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
Of the provisions of this Act may be attached at
the suit of the creditors of the mortgager or mort
4agee. When attached at the suit Of the creditor
Of the mortgager, such creditor shall pay, or ten
der to the mortgagee, 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
by the officer by virtue of due legal proceedings.
out Of the proceeds of the sale he shall-First,
Pay to the creditor the amount advanced by hin
to pay the mort9a gee with legal interest thereon
Second, Pay all losal costs and fees appertaining
to the Judgment execution and sale; Third. Pay
the judgment creditor the amount of the iudg |
mcnt 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 moItgager. and cause the same
to be sold, subject TO the ghs of the mOrtgagee.
Such attachment shall be made, by cavinga copy
Of the writ of attachment with notice of the at |
tachment, with the mOrtgaCee. 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
iud2 2ment 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 attachment; and any payment made |
by him to the mortgage alter such notice. shall /
not release the attachment or affect the rights of
the attaching creditor; but said mOrtgager may |
pay the amount due on said mortgage to the Off !
Ger who made the attachment. and thcrcupon 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. &. This act shall not be construed 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
morgagee shall have the light to perform the |
same acts that the mortgager mi ght have per- |
formed for the purpose of preventing forfeiture
Of the same under the said rules. regulations or
customs of mines, and shall be allowed such com |
pensaton therefor shall be deemed just and
equitable by the Court ordering the sale upon a
foreclosure; provided that such compensation |
shall in case exceed the amount realized from |
he claim by a foreclosure and sale
Sec. I. She mort gagee in all mortgages made |
under this Act shall be allowed one day for every
twenty miles of the distance between his residence
and the County Recorders Office, where such |
mortgage ught 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. 8. Mortgages may be made on all kinds of
water-cratt of five tons burhen or upwards Gus |
tom House measurements whether propelled in |
whole or in part by steam. or wind; pyorided, that
the requirements of the preceding sections are
complied with; and prorided further that an en-
dorsement shall be made on the Custom House
register or enrolment of such vessel, showing the
amount for which the same is mortgaged and the
place, book, and page where the same is recorded
and prouided also, that this section shall not be
construed to effect or impair, in any way whatever,
maritime liens
Approved April 29th, 1857.
AN ACT
Concerning county officers in the County of Placer
The People Of the State of California, repre-
sented IN Senate and assembly, do enact as
fo//