The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-07-05
CHATTEL MoRToAoE LAW.

CHATTEL MORTGAGE Law.
The foreclosure os cl,attel Mort.
cages otherwise than by action, shall
be in accordance with this act, and
any foreclosure sale of cllattcls contra.
ny to tho provisions thereof shall he
invalid and title of chattels shall not
pass thereby.
The notice of sale shall contain the
names of mortgagors and mortgage,
the name of the person by whom the
mortgage is owned. the date of
the instrument, the amount due
thereon, tile nature of the default,
a description of the property to be
sold in the language of the mortgage
and the place of sale.
The boards of callnty commission.
ers Of the several counties, shall ut
their regular quarterly meetings i'm
April and every year thereafter, lie.
signatc not less than three public
places in their respective counties,
which shall be the only market places
for the sale of clla:tels under the pro.
visions Of this act. Provided, that
the mortgagor may at the time of
seizure designate by written notice
delivered to the mortgage or his
agent, any other place in the county
as the place of sale, and provided fur.
ther, the growing of harvested crops,
grain in bulk, or buildings may be
sold under the provisions of this act,
without moving the same to the place
of sale.
The notice provided for in section
2, shall be published once, and at least
six days prior to the sale, in the news.
paper of general circulation, printed
and published nearest the place of sale
in the county wherein the mortgage
shall have been filed, or ut the option
of the mortgagor, End in lieu of publ.
cation, the notice may be posted con.
spicuously, and for ut least ten days
in five public places in the county,
provided, that the notice of sale
shall be by publication, unless the
mortgagor or his agent shall notify
the mortgage OF his representative,
in writing at the time of seizure of
his election to notice Ivy posting.
All sales under this act. shall he
made between the hours of IL o'clock
III. and ! O'Clock p. M, on Saturday,
within twenty days after the seizure
of the property, unless the sale shall
be postponed, provided, that for lack
of bidders, or by request of the mort.
gagor, any sale may he postponed one
week by public announcement at the
time of postponement. The sale shall
not take place for one week following
the date of publication.
The fee for publication of notice
under the provisions of this act, shall
in 10 case exceed the sum of three (3)
dollars. 9, The officer making the
sale shall be allowed the same fees as
are allowed by law for levying upon
and selling personal property under
execution. 3, No greater charge shall
be valid for the keeping of live stock
between the days of its seizure. and
the date of sale than is now provided
by law for the keeping of live stock
impounded. 4, The register of deeds
shall receive for filing tile report, pro-
vided for in section Z, the sum of ten
cents.
Within ten (1O) days after the fore.
closure of any mortgage rs herein
provided, the person making the sale
shall make out in writing full re.
port of NIL the proceedings in such
foreclosure, specifying particularly,
the property sold, the amount receiy.
ed therefore, the amount of the costs
and expenses, itemized, and the dis.
position made by him of the proceeds
of the sale, and shall file the same in
the office of register of deeds of the
county where the mortgage is filed,
which report shall he received in all
courts us prima facie evidence of the
facts therein recited.
Out of the proceeds arising from
the sale, the officer making tile sale,
shall pay first the costs and expenses
of the foreclosure, second, shall pay
the person or persons entitled thereto,
the amount of the mortgage debt, and
third, shall pay the balance. if any
there be, to the owner of the mort.
gagged property.
ANY stipulation Of agreement in
any chattel mortgage, by which an,
provisions Of this act, are waived IL
form. shall be imperative and void.
All acts or parts of acts, in conflict
with this act, are hereby repealed, bu,
nothing in this act, shall lie construed
to prevent foreclosure by action.
This act shall take effect and he in
force from and after July first, eigh
teen hundred and eigl.ty.nine. Ap
proved, March Stli, 1889.