The daily journal. (Salem, Or.) 1899-1903, 1901-03-12
CHATTEL MORTGAGES
MUST BE RECORDED
Law in Effect COmpeIS Hir,
ing Deputy.
Local Hop Dealers Are Put TO
Great inconvenience by
the Act.

The enactment by the recent legisla
ture OF the Heitkemper law, which re-
ouires the recording Of all chattel mort
cages the same as realestate mortgages,
increases by ffty per cent the amount OF
work to be performed in the office OF
county recorder. AT the same time the
fees 10 the county are increased In the
same proportion. The provisions OF the
Heitkemper law do not seem to he very
generally and correctly understood.
County Recorder j. II Roland daily
receives letters and requests relating TO
filing and release Of chattel mortgages,
with the terms OF which he cannot com.
ply, as they conflict with the provisions
Of the newly enacted law.
As the law is now construed, the filing
and recording of chattel mortgages and
also all hop contracts is regulated and
controlled by some laws that apply to
the recording Of realestate mortgages.
These documents which have hereto
| fore been fled either with the clerk or
the recorder, must now be filed with the
recorder and require a fee of from $l.25
to 81, the fee depending upon the
length of the mortgage. The papers
must be regularly made out and certified
to by a notary republic. An additiona!
fee Of from 20 cents to 70 cents is exact.
ed at the time the mortgage is with
drawn or cancelled. Formerly tho feo
for fling was but so cents and the doc
ument could be renewed Within year
at no additional! cost by simply making
the required affidavit. The mortgage
could be cancelled or Withdrawn upon
request, no fee being required.
The increase in the amount Of clerical
work in the Marion county recorders
department has made necessary the ser
vices of another deputy who will be ap
pointed in few days. The law contain.
ed an emergency clause and became
operative on the date OF its approval by
the governor, February 9th. IL con.
tained a provision that all valid in
struments on file at time bill became
law should be considered TO be recorded
without additional cost. There are be-
tween 600 and 700 of these documents on
file with Recorder Roland and County
Clerk Hall and it will be in the record
ing OF these instru wents that the new
deputy will be employed In addition
to this number Of chattel mortgages,
there are "a great number of hop con-
tracts that will have TO be extended.
This will not require additional books
for recording purposes at the present
time as there are two indexed volumes
in the Office for chattel mortgages and
these will he utilized. The recording oil
these documents by the scale OF fees
that has been established, will net Mari
on county from 5000 to $500 per annum
in addition to the fees already received
from this office, which exceed the salary
and expense OF the department.
This bill going into effect Immediately
following its passage and approved by
the governor, has worked an incon'
venience upon local hop dealers who
have written several contracts for this
years crop. Having failed to have them
acknowledged by notary public and
neglecting to have them recorded at
the time they were executedi these doc
uments are not legal instruments in
the meaning OF the ne y law and cannot
be recorded until the irreguarity has
been rem edited II can be accon plished
by mutual consent Of the parties to the
contract or it may entirely nulliiy the
contract and make necessary the draw
ing of another agreement. Previous
10 February 9th, the dat the tieh'
kemper bin brcame a law, only ionr
contracts had been filed with County
Recorder Roland.