Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1885-06-18

CHAPTER CCXLIv.
An act to revise and consolidate certain acts concern
ing chaftel mortgages, and TO repeal the supple
ment on this subject approved March twenty
fourth, one thousand eight hundred and eighty
one.
/. Be it enacted by the Senate and General Assem-
ply OF the State of New Jersey, That every chat
thereof the rieht TO the possession 81 the chatte
therein described far nay be necessary for the
county wherein they did lie at the time OF the exeeu
ton or delivery OF such mortgage and OF recovering
sneh enattels in case the same shall have been re-
moved out of such county.
2. And be It enacted, That when such chattels shah
mortgage or owner OF the mortgage by means Of
legal proceedings, when the removal thereof shall
such proceedings are had may regulate the disposi-
possession thereof by the moreaeee or other person
interested therein as will protect the rights OF such
3. And be it enacted, That the above provisions
shall not apply TO any vessel rolling stock rail-
roads, or to any chattels which, in the ordinary
thereof at the time OF the execution of the mortgage
are taken from time to time out OF the county
4. And be it enacted, That every mortgage or con
yeyance intended to operate as mortgage OF goods
coppanied by an immediate delivery. and followed
by,an actual and continued change Of possession Of
the things mortgaged shall be absolutely void
against the creditors Of the mortgagor and as against
unless the mortgage, having annexed thereto an am
davit or affirmation made and subscribed by the
holder or holders OF said mortgage his her their
agent attorney stating the Consideration of said
mortgage and as nearly as possible the amount due
the succeeding section OF this act; provided that
nothing contained in this act shall Be taken, con
property Included In a mortgage Of franchises and
rest estate heretofore or hereafter made by rail
road company and which hath been shall be re-
corded or registered mortgage OF real estate in
Is Sha b W % " he amy pars p1
to record as a chattel mortgage any such mortgage
as is in this pr0viso described.
s And be it enacted. That the Instruments men
TONED in the preceding section and not excepted in
the proviso shall be recorded in the clerks oee OF
the county wherein the mortgagor, II resident of
this state shall reside at the time Of the execution
clerks ofice Of the county where the property so
mortgaged shall be at the Iime of the execution Of
such insrument provided, that Ia any county where
the officer OF register Of deeds exists hereafter may
be created such instruments shall be recorded in the
6 And be it enacted That no ehattel mortgage or
goods chattels shall be recorded unless the execu
ton thereof shall be first acknowledged proved
in the prescribed by the act entitled IAN act
respecting conveyances.1
OF the several counties Of this state hereby
thozed TO provide suitable books at the expense Of
their respective countless in which to record the in
struments by this act directed to be recorded andt
shall be the duty Of said clerks and registers record
such instruments in accordance with the provisions
OF this act and the said clerks and registers shall
mortgage and instrument so recorded the time when
such mortgage or instrument was received by him in
his Office 10 be recorded, and shall endorse on each
mortgage and instrument when recorded as aforesaid
the time when the delivered TO him at his
the same has been recorded and shall thereupon &C.
liver the same TO the party entitled to it to his
g. And be it enacted. That such chatteI mortgages
@ oe e @ inc @ anne Gsa
ner and In like cases as the record Of deeds and the
said clerks and registers shall be entitled to the
fees for recording and indexing such chattel mort
cages, and for copying such records as they are
deeds.
g. And be it enacted, That every chatteI mortgage
hereafter recorded pursuant to the provisions Of this
act shall be valid against the creditors of the mort
gagor, and against subsequent purchasers and mort
the same be cancelled OF record in the manner now
provided by law for cancelling Of mortgages Of real
TO- And be it enacted. That every ehattel mortgage
heretofore rec9rded according 20 the ProYsoins Of
titled An act respecting mortgages, approved March
seventy four which said further Supplements were
approved March the twelfth, one thousand eight hun
dred and eighty, and March twentyilfth, one thou
sand eight hundred and eighty one, respectively
shall be valid against the maker thereof and his
mortgages until the same be cancelled Of record in
the manner now provided by law for the cancelling
IL And be it enacted That the said clerks and reg
ters shall be entitled to receive the same fees for re-
cordng said copies and statements and for ndex1ng
the same and for copies Of such records as they are
de1ing and copying Of deeds.
IL And be 1t enacted That il any one shall falsely
swear or affirm in the making OF any afhdayit or at
trmation provided for by this act he she shall be
deemed guilty OF perjury, and conviction thereof
shall be liable to all the penalties provided by law
therefor.
is And be it enacted, That mortgage of person
pOSsGSbiOil
the consent OF the owner OF the claim secured by
mortgage, and with intent to defraud, removes any
OF the property mortgaged out of the county where 1t
situated at the time It was mortgaged, or se-
cretes, destroys sell or exchanges the same without
such consent, shall be deemed guilty OF misde-
meanor, and upon conviction thereof shall be pun
shed by fine of not more than one thousand dol
lars, or imprisonment at hard labor not exceeding
six MONTHS both. at the discretion Of the court
H. And be II enacted, That sections thirty six to
fortyfOur inclusive, being sub division VII entitled
chaftel mortgages in the act entitled An concern
ing mortgages, p (RevisiOn) approved March twenty
seventh, one thousand eight hundred and seventy
four, and the following supplements to said act.
namely The supplement approved March nineteenth,
one thousand eight hundred and seventy eight; the
supplement approved April fifth one thousand eight
hundred and sevenfyeight. the supplement approved
March twelfth thousand eight hundred and
eighty; the supplement- approved March twenty
fourth, thousand eight hundred and eighty one
and the supplement approved March twenty fifth one
Thousand eight hundred and eighty-one, and the act
entitled supplement to an act entitled An act con
cerning crimes approved March twenty seventh one
thousand eight hundred and seventy four which
supplement was approved March nineteenth eighteen
hundred and seventy eight, and that all acts and
parts OF acts Inconsistent with this act, be and the
same hereby repealed; provided, that this repeater
shall not affect any suit already begun afIect
impair the lien estate created by any chattel mort
gage made in pursuance OF any act hereby repealed
IS And be it enacted, That this act shall be known
and cited as the -Chattel mortgage act, 1885"
Approved May 2. 1885.