The Placer herald., 1857-05-16
AN ACT

tollo,cs: ~' ~
Section l. Section first of said Act is amendoa
so as to read as follows: ''Section first Chat,
mortgages may be made on the following pronor
ty, to secure the payment of just indebtedness.
Upholstery and furniture used in hotels a nd nn,
lie boarding houses, when mortgaged to sceuro
the purchase money of the Identical articles mo,,
gagged, and not otherwise; mining claims. sa,
mill, grist mill and steamboat machinery: to",,
and machinery used by machinists, foundrymnn0
and other mechanics; steamboat boilers stpona
engines, printing presses and other PRINTING M.
terals; possessory claims on the lands Of thu
State, with the improvements thereon; quart
claims with the machinery and buildings connect
ed Herewith; water-ditches, fumes and aoucdncts.
tunnels, cuts, and other improvements in mininn
claims; instruments and chests of a surgeon. nhve
scian or dentist, with their professional l;bror,
and libraries of all other persons; stock in anv
incorporated company. No mortgage made Nv
virtue of this Act, shall have any legal force ~
effect, Except between the parties thereto) uness
the residence of the mortgager and mortgages
their profession, trade occupation the snm 10
be secured the rate of interest to be paid. whom
and where payable, shall be 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 defraud or delav
creditors; which affidavit shall be attached TO- such
mortgage.
Sec. 2 All mortgages made in PURSUANCE of this
s)
ed in the county where the mortgager lives. and
also in the county where the property is located:
Provided, that property in transtu from the nos
session OF the mortgagee to the county of the res
idence OF the mortgager, or to location for use.
shall, during reasonable time for such transpor
tatOn, be considered as located. 1t shall be the
duty of the County Recorders Of this State 10
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 proyis.
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 tho
mortgages and in the index books, the time, lin
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 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.
Sec. ). No chattel mortgag shall be valid lex.
cept between the parties thereto,) unless the same
shall have been made, executed, and recorded in
conformity to the provisions of this Act; provided
however, If the mortgage receives and retains
the actual possession of the property mortgaged,
he may omit the recording of his mortgage dl-
ring the continuance of such actual possession
Sec. 4. A right OF redemption shall remain in
the mortgager until the same shall have been
torcclosed by due process of law, OF 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 rate of fees as for
| recording the original, to be paid in advance by
the parties to the mortgage.
Sec. 5. All property, mortgagcd in pursuance
of the provisions of this Act, may be attached at
the suit of the creditors of the mortgager or mort
tagee. When attached at the suit of the creditor
of the mOrtpaper Sllch creditor shall nav tom
der to the mort tgagee, 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 Ct the sale he shall-Firs,
Pay to the creditor the amount advanced by him
to pay the mortgagee, with legal interest thcrcon
Second, Pay all legal costs and fees apperaining
to the Judgment. execution and sale; Third, Pay
the judgment creditor the amount of the judg-
ment, and any remaining surplus pay to the udg-
ment debtor. If the creditor of the morgager
prefers, he may cause to be attached the right of
redemption OF said mortgagcr, and cause the same
to be sod subject to the ri ghts of the mortgage,
Such attachment shall be made. by lcavinga copy
of the writ of attachment with notice of the at
tachment, with the mortgagee 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 attachment; 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 mortgager may
pay the amount due on said mortgage to the OIL
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 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 oil
mortgages OF mining interests under this Act, the
mortgagee shall have the right to perform the
same acts that the mortgager might 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 as shall be deemed just and
equitable by the Court ordering the sale upon
foreclosure; provided, 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 be allowed day for 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. 5. Mortgages may be made on all kinds Of
water-craft of five tons burthcn or upwards, Gus
tom House measurement, whether propelled ID
whole or in part by steam, or wind; provided, that
the requirements of the preceding sections are
complied with; and provided 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 provided also, that this section shall not DC
construed to effect or impair, in any way whatever
maritime liens
Approved April 29th 1851.
EXECUTION ON PERSONAL PRoPERTY.-rl
a recent decision the Supreme Court says:
Under our statutes a levy on personal
property capable Of manual delivery, muss