The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1885-06-14
CHAPTER ccxLrv.

An Act to revise and consolidate certain acts con-
corning chattel mortgages and to repeal the
supplement- on this subject, approved March
twenty fourth, one thousand eight hundred
and eighty-one.
!. Be il enacted by the Senate and General AS
sembly of the State of New Jersey, That every
chattel mortgage shall vest in the MORTGAGE or
owner thereof the right to the possession of the
chatteis therein described. far as may be neces-
sary for the purpose of preventing the removal
thereof out of the county wherein they did lie at
time of the execution or delivery of such mort
gage, and of recovering such chattels in case the
same shall have been removed out of such county
2. And be it enacted That when such chattels
shall be so removed by any party and recovered
by the mortgage or owner of the mortgage by
means Of legal proceedings. or when the removal
thereof shall be prevented by like proceedings,
the court in which such proceedings are had may
regulate the disposition of such chattels and pre-
scribe such terms for the possession thereof by
the mortgage or other person interested therein
as will protect the rights of such mortgage OF
owner OF such mortgage.
3. And be it enacted, That the above provisions
shall not apply to any vessel. rolling stock Of
railroads, or TO any chattels which, in the ordi-
nary use thereof at the time of the execution of
the mortgage, are taken from time to time out of
the county wherein they did lie when so mort
l. And be it enacted, That every mortgage or
conveyance intended to operate as mortgage of
goods and chattels hereafter made, which shall
not be accompanied by an immediate delivery,
and followed by an actual and continued change
of possession of the things mortgaged shall be
aDSOlutey VolQ as against the creditors OF the
mortgagor, and as against subsequent purchasers
and mortgages in good faith unless the mortgage,
having annexed thereto an affidavit or afnrma-
ton made and subscribed by the holder or holders
of said mortgage his, her or their agent or at
torney, stating the consideration of said mortgage
and as nearly as possible the amount due and to
grow due thereon be recorded as directed in the
succeeding section of this act; provided that
nothing contained in this act shall be TAKEN cen
strued or held to apply to any mortgage of per-
sonal property included in a mortgage of fran
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by any railroad company and which hath been or
shall be recorded or registered as a mortgage of
real estate ia every county in which such rail
road any part Of is or shall be located and it
shall not be necessary to record as q chattel
mortgage any such mortgage as In this proyiso
described.
S. And be it enacted, That the instruments men
TONED in the preceding section, and not excepted
in the proyiso, shall be recorded in the clerks
office OF the county wherein the mortgagor if a
resident of this state shall reside at the time of
the execution thereof, and if not resident of
this state then in the clerks Office of the county
where the property so mOrtgaged shall be at the
time of the execution of such instrument; pro-
vided, that in any county where. the officer of
register of deeds exists, or hereafter may be
created. such instruments shall be recorded in the
Office of such register. ftt
6. And be il. enacted, That no chattel mortgage
or conveyance intended to operate as a mortgage
of goods and chatels shall be recorded unless the
execution thereof shall be first acknowledged OF
proved and such acknowledgment or proof eerti-
fed thereon In the manner prescribed by the act
entitled AN act respecting conyeyances."
4. And be, it enacted, That the clerks and
registers of the several counties of this state are
hereby authorized to provide suitable books, at
the expense of their respective counties, in which
to record the instruments by this act directed to
be recorded and it shall be the duty Of said clerks
and registers TO record such instruments in accord
ance with the provisions of this act and the said
clerks and registers shall respectively enter at the
foot of the record of each mortgage and instru-
ment so recorded the time when such mortgage
or instrument was received by him in his Office to
be recorded, and shall endorse on each mortgage
and instrument, when recorded as aforesaid the
time when the same was delivered to him at his
Office to be recorded, and the book and page in
which the same has been recorded, and shall
to it or to his order.
s. And be it enacted, That such chattel mort
cages shall be properly indexed, and the records
and certified copies thereof shall be evidence in
the same manner and in like cases as the record
of deeds and the said clerks and registers shall be
entitled to the same fees for recording and index
ing such chattel mortgages, and for copying
such records they entitled to for the record
ing, indexing and copying deeds.
9. And be it enacted, That every chattel mort
gage hereafter recorded pursuant to the provi-
sons of this act shall be valid against the creditors
of the mortgagor, and against subsequent pur.
chasers and mortgages from the time of the re.
cording thereof until the same be Cancelled of
record in the manner now provided by law fol-
canceling of mortgages of real estate
10. And be it enacted, That every chattel mort
gage heretofore recorded according to the provi-
sons of the act entitled ga further supplement to
the act entitled An act respecting mortgages ap.
proved March twenty-seventh, one thousand eight
hundred and seventy-four," which said further
supplements were approved March the twelfth
one thousand eight hundred and eighty and
March twenty-tifth, one thousand eight hundred
and eighty-one, respectively, shall be valid as
against the maker thereof and his creditors, and
as against subsequent purchasers and mortgages
until the same be cancelled of record in the man
ner now provided by law for the canceling of
mortgages of real estate.
IL And be it enacted, That the said clerks and
registers shall be entitled to receive the same fees
indexing the same. and for copies Of such records
as they entitled to for the services in the
recording, indexing and copying of deeds.
II. And be it enacted, That if any one shall
davit or affirmation provided for by this act he OF
she shall be deemed guilty of perjury, and on
conviction thereof shall be liable to all the penal
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