The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1879-12-11

IN 8BbA11oS 70 Ao01oAG84.
An ct in relation 10 mortgages on
certain kinds Of property:
6EcTIox l. Bs Il enacted 5y tie Legis>
lattice Assembly Of tie 7eyri.oryef RaaA-
ingtoa, That mortgages msy be made
upon all kinds Of personal property
and upon the rolling stock Of . railroad
company, and upon all kinds Of ma
chinery. ard upon boats and vessels.
and on growing crops and on portable
mills and such like property.
Sec. 2 A mortgage Of personal pro.
perty 10 VOID - against creditor OF the
nortgagor or subsequent purchasers.
end membranes Of the property for
value and in good faith. unless j: 10 &C.
eompanied by the anldavit Of the mort
gAgor that it is made in good faith and
without any desigo to hinder. delay or
dsfraud creditors, and 10 acknowledged
and recorded in the same manner a. is
required BY lev in the conveyance Of
re-! peo2srty.
Sec. 5. A mortgage Of personal pro-
perty must b recorded in the Office Of
tho coanty auditor Of the county in
which the morfgsged property IS situ-
sted, IL book kept exclusively for that
purpose: Preceded, That property in
transit, for the purpose of this oct. shall
Be deemed 70 be situated in the coSAty
70 which il II bsing moved: Asd pro-
sded TsSfAsv. That . mortgage o" any
vessel or boat OF pert Of . vessel or Lest
over twestg tons burden shall b re-
corded in the oflice Of the collector Of
cuseo0o wbsse such vessel b registered.
eorollsd o. licensed, and need not b.
recorded elsewhere.
6sc. I. A mortgage of personal Ero-
perry where . debt for the security Of
vhieh the mortgage has been given hes
becoms dus. or IL the debt 10 not yet
due and the mortgage has reasonable
grounds to believe that bis debt il in
Secuss, and that BY allowing thu pro-
psrty logger to remain in the hsnds Of
The mogteagor - would be in danger Of
losing his debt or security, MAJ have
the property taken ieom the possession
Of The mortgsgoe and sold 10 the man
nse provided il this sct.
Sec. 5. The interest Of the mortga-
GOT. subject, however. to the lien Of the
mortgage, may be sold under any pro-
ceso Of Law Issuing out Of any District
Court OF Justice Of the Pesco Court in
this Territory: RrOeidsd. Aoseessr. That
IL the PARTY wbo has saia mortgage re-
sides 10 this Territory. or has IN agent
therein. and the same 10 known t0 the
o@css exeeotipg such process, be shalt
ssevs upoa hin or HE sgspt. personally
o. BY mailing to him or to his sgent, II
their posso6ice u known, . notification
Of Ne ipteoded sale, ct tie tioo such
d0stgagsd property 10 seized under said
process. Or within Ave days thereafter
Said property shall not BE- sold within
less than thirty days sfter its seizure.
and the of3cer executing such process
must post In three public places. near
The place where the ssid property 10 70
b sold. . notice OF the time aud place
Of such ssls st the time he se,zes said
property under said process.
SEQ. 8. Any mortgage Of personal
property. when the debt to secure which
the mortgage Vas given 10 due. may be
foreclosed By notes aud sale as herein
provided. or it may bs foreclosed by
action in the District Court having ju-
risdiction 10 the county in which the
property 10 situated.
Sec. I. The notice must contain full
description Of the property mortgaged.
together with time aud place Of sale
also . statement Of the amount due, and
must b signed BY the u,ortgageo or hi,
attorney.
Sec. 8. such notice shall be placed in
the hands Of the sheriff or other proper
officer. and shall BE- personally served
in the aame manner - 10 provided BY
Law for the service OF . SUMMONS
Pr0ridsd, That If the mort .agor cannot
be found 10 the county where the mort.
gage 10 being foreclosed. it shall not be
necessary TO advertise the notice or Aft.
dsvit il . newspsper, bat the general
publication directed in the next section
shall b sufficient service upon Ill the
psrsiss Interested. and such notice shsll
be s4mcient authority for the officer to
take sueh property iuso his im~ediate
peooasoioo.
81. 9. Aftss notice hes been served
upso sh1 morteasos. il must be pub-
lished d thu eAmo msnner end Tor the
sane losGtA Of time - required 10 cases
g ~ salo 6 like property On execu-
slno, ord the eale shall Be conducted Il
IL aDo 0oAoW.
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