Page:United States Statutes at Large Volume 31.djvu/595

FIFTY-SIXTH CONGRESS. Sess. I. C11. 786. 1900. 54% CHAPTER THIRTY-ONE. on Monroaens on rnnsoNAL rnornnrr. Sec. h I ube I geo. l l . s ma mo . 1". · n n Si?. i‘°a3u“£a. a¥.naay'$?.“i°c sdaamoa.M3S2t$a?“‘“ “ ° t °f ‘“°"“""‘°d gags. _ ,318. Certified copy in caseof loss of origi- 312. Mortgage by partnership. nal. 313. Acknowledgment. _ 319. Extent of provisions of this chapter. 314. Filinlgi of mortgage and duty of rc- 320. Foreclosme. . ' co er. · 321. Satisfaction of mortgage. 315. When eaind how mortgage to be re- 322. Petrglty for selling mortgaged chatnew . s. 316. Rights of subsequent mortgagee.323. Mortgage on growing crops. Sec. 310. Any interest in personal property which is capable of being mgjlgggg **1 ¤ Y be transferred may be mortgaged. . ' Sno; 311. A mortgage of personal property is void as against cred- 0};*;§a*{{§l°¤11{g;;¤¤idi¤v itors of the mortgagor and subsequent purchasers and incumbrancers g°g°' of the rlproperty in good faith for value, unless- . V _ · (1) he possession of such property be delivered to and retained by the mortgagee; or . - (2_) The mortgage provide that the propergy may remain in the possession of the mortgagor and be accompanie by an affidavit of allthe parties thereto, or, in case any party is absent from the precinct where such mortignge is executed, at the time of the execution thereof, an aiiidavit o those present and of the agent or attorney in fact of such absent party, that the same is made in good faith to secure the amount named therein, and without any desi n to hinder, delay, or defraud creditors, and be acknowledged and filed as hereinafter provided. Sec. 312. Subject to the provisions of the next preceding section, ngsgitsm by nmone member of a Erm of general partners may alone execute ·a mort- . p' ga e of ersonal property and make the affidavit therein re aired on behalf otp the firm, and the mortgage so executed and the agdavit so made is as valid as if executed and made by all the rtners ortheir · agent or attorney in fact. In case of a corporation td); president, sccretary, or managing agent thereof may make the ailidavit on its behalf, · Sec. 313. Every mortgage of personal property shall be acknowl- A¤k¤<>w¤¤¤sm¤¤¤¢· edged by the mortgagor oreperson executing the same, in the manner rovided for the acknowle gment of conveyances of real pro rty, Eefgre some officer authorized by law to take acknowledgmeggs of ee s. Sec. 314. Eve mort e of personal pro erty, to ether withthe F“*¤¤,°* m°¤&"¤8¤ _ aifidavits of the prgrties tggigeto or a copy theregf, certifiid to be correct and dm °f r°°°m°° by the person before whom the acknowledgment has been made, must be filed in the office of the recorder of the precinct where the mortgagor resides, and of the precinct where- the property is at the time of the execution of the mortgage, or, in case e is not a resident of the district, then in the office of the recorder of the precinct where the property is at the time of the execution of the mortgage; and the recorder must, on receipt of such mortgage or co y, indorse thereon the time of receivin the same, and file and keep the same in his office for the ins ection ogall persons, and shall enter in a book, properly ruled and kept for that purpose, the names of all the parties—the names of the mortgagors to be alphabetically arranged--the consideration thereof, the date of its maturity, and the time of filing the same. Sec. 315. Every mortgage filed as provided in this chapter shall be myrgage atgd bg gg void as against the creditors of the person making the same, or against neweu. subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration of the term of one year a true copy of such