The Placer herald., 1857-07-04
AN ACT

Amendatory of and supplementary to an Act In
relation to Personal Mortgages in certain cases,
passed May llth, A. D. 1858.
The People of the State Of California, repre-
sented IN Senate and .Assem6ly, do enact as
follo,cs'
Section /. 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 ana 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 improvements 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 surgeon, phy-
sician or dentist with their professional library,
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 profession, trade or occupation. the sum to
be secured, the rate of interest to be paid when
and where payable shall he set out in the mort
gage, and the mOrtgager and mortgage snail
make affidavit that the mortgage is 60n0 Hde, and
made without any design to defraud or delay
creditors which affidavit shall be attached 10 such
mortgage.
Sec. 2. All mortgages made in pursuance OF this
Act, with the affidavit att ched,) shall be record
ed in the county where the mortgager lives and
also in the county where the property is located;
Procided, that property in transitu, from the pos
session of the mortgage to the county OF the res
dence of the mortgager or to location for use,
shall, during reasonable time for such transpor-
tation, be considered as located. 1t shall be the
duty of tht County Recorders Of this State to
provide proper books OF record and OF index IN
which they shall make true copy or record OF
all mortgages made in pursuance of the provls-
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. (in
like manner mortgages on real estate) when
the same received into the office for record,
and the recording shall take effect from that time:
The Recorders fees for recording and indeXing
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.
See g. No chattel mortgage shall be valid, Tex
cept between the parties thereto) unless the same
shall have been made executed and recorded. in
conformity to the provisions of this Act pr0cided
h0lceUer 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. L. a right of redemption shall remain in
the mortgager. until the same shall have been
ioreclosed 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 Tor
recording the original. TO be paid in advance by
the parties TO the mortgage.
Sec 5. All property. mortgagod in pursuance
Of the provisions OF this Act may be attached at
the su;t Of the creditor. ot The mur Eager mort
-agee. When attached at ihe su.to the creditor
Of the mort gagcr such creditor STALL pay. or ten
der to the mortgaEcc. the actual amount due hin
ON such mort eagr, before the officer making -uch
attachment. shall tc entitled to the actual posses
sion q, such properly. When property thus sit
uated and thus redeemed. SHALL have been sold
by the officer hy virtue Of dup legal proceedings.
out Of the proceeds OF tNr sale he shaIl-Eirst.
Pay to the creditor the amoGui advanced by hin
to pay tine mort gdGep with Legal int rest thereon:
Second. Pay all l"1al costs and fees apparmjning
to the Judgment. eTrcuti0n and sale: ih rd. Pay
the WI.maut creditor lbc amount Of the iudg-
meAt and any manning surplus pay to the l1dg-
mvut debtor /! The creditor OF the morteagtr
pr larS A' may cuAse ic bc attached the right OF
redemption Oh SAX. molt lt2agtr. nj cause The same
10 be sold. subject to the ghts OF The mUrtgaCee
Such attachment snail be made, by lcayinHa copy
Of (hc writ OF attachment, With notice Of the at
tachment. with the mortgage. When sale of
such equity is made on an eXccuti on obtained by
such attaching creditor the sum realized shall be
applied to the payment OF costs. fees discharge
OF the execution. aud any remainder paid to the
Judgment debtor. When the interest Of the mort
gagoe shall be attached, a copy of the writ Of at
taChmcnt shall be left with the mOrtgager with
notice of the attachment; and any payment made
by him to the MORTGAGE after such notice. shall
not release the attachment or affect the rights Of
the attaching crcditor; but said mort eager may
pay the amount due on said mortgage to the Off
Ger who made the attachment, and thereupon 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 so construed az 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 tn right to perform the
same acts that The mortgager mi chit 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
pensation therefor as shall be deemed just and
equitable by the Court ordering the sale upon a
foreclosure: pr0Uidcd, that such compensation
shall in no case exceed the amount realized from
the claim by foreclosure and sale.
Sec. Z. She mortgage in all mortgages made
under THIS Act. shall he allowed one day Tor every
twenty miles of the distance between his residence
and the County Recorders 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. s. Mortgages may be made on all kinds Of
water-crait of five tons burtben or upwards, Gus
tom House measurement, whether propelled in
whole or in part by steam, or wind; proyided that
the requirements of the preceding sections are
complied with; and pr0Uided fiurther, 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
ami proeided also, that this section shall not be
construed to effect or IMPAIR in any way whatever,
maritime liens
Approved April goth, 1857.