SEC. 5. Each mortgager and mortgagee shall make and subscribe an affidavit in substance as follows:

"We severally swear that the foregoing mortgage is made for the purpose of securing the debt specified in the condition thereof, and for no other purpose whatever, and that said debt was not created for the purpose of enabling the mortgager to execute said mortgage, but is a just debt, honestly due and owing from the mortgager to the mortgagee."

SEC. 6. Where co-partnerships are parties to mortgages of personal property, the affidavit required may be made and subscribed by any member of any partnership in behalf of the firm to which he belongs, and every such mortgage duly made and recorded, together with an affidavit made and subscribed by a single member thereof in behalf of any firm, shall be as valid and effectual to all intents and purposes, as if such affidavit had been made and subscribed by every member of such firm. (Laws of 1845, chap. 235.)

SEC. 7. If such mortgage is given to indemnify the mortgagee against any liability assumed, or to secure the fulfilment of any agreement other than for the payment of a debt due from the mortgager to the mortgagee, such liability or agreement shall be stated truly and specifically in the condition of the mortgage, and the affidavit shall be so far varied as to verify the validity, truth and justice of such liability or agreement. (R. S., sec. 4.)

SEC. 8. Every such affidavit, with the certificate of the justice who administered the oath, shall be made upon or appended to such mortgage and recorded therewith. (R. S., sec. 5.)

SEC. 9. All wilful falsehood committed in any such affidavit, shall be deemed to be perjury and punished accordingly. (R. S., sec. 6.)

SEC. 10. No such mortgage shall be valid against any person except the mortgager, his executors and administrators, unless possession is delivered or the mortgage is sworn to and recorded in the manner herein prescribed. (R. S., sec. 7.)

SEC. 11. No mortgager of personal property shall sell or pledge any such property by him mortgaged, without the consent of the mortgagee in writing upon the back of the mortgage, and on the margin of the record thereof in the office where such mortgage is recorded. (R. S., sec. 8)

SEC. 12. No mortgager shall execute any second or subsequent mortgage of personal property, while the same is subject to a previously existing mortgage given by such mortgager, unless the fact of the existence of such previous mortgage is set forth in the subsequent mortgage. (R. S., sec. 9.)

SEC. 13. If any mortgager shall be guilty of any offence against either of the two sections preceding, he shall be punished by fine equal to double the value of the property so wrongfully sold, pledged or mortgaged, one half to the use of the party injured and the other half to the use of the county. (R. S., sec. 10.)

SEC. 14. Nothing in this chapter contained shall affect any transfer of property under bottomry or respondentia bonds, or of any ships or goods at sea or abroad, if the mortgagee shall take possession thereof as soon as may be after their arrival in this State. (R. S., sec. 11.)

SEC. 15. Every town clerk shall keep a book of records for personal mortgages, at the expense of the town, shall record therein any mortgage, transfer, consent or discharge, or give a certified copy thereof, when requested, upon payment of the fees therefor, shall certify the time when the same is received and recorded, and keep an alphabetical index of mortgagers and mortgagees, which records and index shall be open to public inspection. (R. S., sec. 12.)

SEC. 16. When the condition of any mortgage of personal property has been broken, the mortgager may redeem the same by paying or tendering to the mortgagee the amount due on such mortgage, with all reasonable expenses incurred by reason of such breach of condition, at any time before a sale thereof as is hereinafter prescribed. (R. S., sec. 13.)

SEC. 17. The mortgagee may at any time after thirty days from the time of condition broken, sell the mortgaged property or any part thereof, at public auction, notice of the time, place and purposes of such sale being posted up at two or more public places in the town in which such sale is to be, four days at least prior thereto. (R. S., sec. 14.)

SEC. 18. The mortgagee shall notify the mortgager of the time and place of sale, either by notice in writing delivered to the mortgager, or if a corporation, to the person on whom legal process may be served, or left at his place of abode, (if within the town) at least four days previous to the sale. If the mortgager does not reside in the town, the posting up of notices as required in the preceding section shall be sufficient. (R. S., sec. 15.)

SEC. 19. Such mortgagee may be a purchaser at such sale, and the proceeds of such sale shall be applied by him to the payment of the demand secured by such mortgage, and the expenses of keeping and sale; and the residue, if any, shall be paid to the mortgager on demand. (R. S., sec. 16.)

SECTION 1. If any person shall perform any labor, or furnish any material towards building, repairing, fitting or furnishing any vessel, either within this State, or which shall come within the limits of this State, before the same is completed, payment on which is due, he shall have a lien therefor on such vessel for the space of four days after the vessel is completed. (Laws of 1851, chap. 1116.)

SEC. 2. Such lien may be secured by attachment of the vessel within said four days, and such attachment shall have precedence of all other attachments and claims, except the lien for mariners'

wages.

SEC. 3. If any person under any written contract shall furnish any labor or materials for erecting, repairing or altering any building, he shall have a lien therefor upon such house or building, and upon the interest of the person for whom such labor and materials are furnished, in the lot of land on which it stands, for the space of thirty days after the payment of said labor or materials shall become due by said contract.

SEC. 4. Such lien shall not attach, unless such contract is made in writing expressing the terms thereof fully, and a true copy of the same left with the town clerk of the town in which such house or building is situate.

SEC. 5. The town clerk shall receive such copy, minute thereon the time when received, and keep the same on file, for which he shall receive seventeen cents.

SEC. 6. Such lien may be secured within the thirty days aforesaid, by an attachment of such building and land, and such attachments shall have precedence of all attachments made where no such lien exists, after the filing of such contract with the town clerk.

SEC. 7. If the land on which such building is situate or to be erected, is under mortgage or attachment at the time of filing the copy of the contract as aforesaid, such prior mortgagee or attaching creditor shall be preferred to the extent of the value of the land and building at that time.

SEC. 8. If two or more persons having such lien upon the same property shall secure the same by attachment, they shall severally hold according to the priority of their several liens.

SEC. 9. If the owner of such land or building shall have failed to perform his part of any such contract, by reason whereof the other party shall without his default have been prevented from completing such contract, the latter shall have a lien on such building and land for such sum as is his due for what he has done.

SEC. 10. Any lien aforesaid may be discharged at any time by the payment or tender of the amount due, together with the costs of any attachment made to secure the same.

SEC. 11. The provisions of this chapter shall not be in force in any town, unless adopted by such town at some meeting called for that purpose.

1. No assignment valid unless distribu- 2. Assignments must be made under tion equal. oath.

SECTION 1. No assignment made for the benefit of the creditors of any debtor making the same, shall be valid unless it provides for an equal distribution of all the estate, rights and credits of such debtor among all his creditors in equal proportion to their respective claims.

SEC. 2. No such assignment shall be valid until the person making the same, shall have made oath that he has placed and assigned, and the true intention of his assignment is to place in the hands of his assignee all his property of every description, except such as is by law exempted from attachment and execution, to be divided among all his creditors in proportion to their respective claims.

TITLE XVI.

PROVISIONS RESPECTING MILLS, FENCES,
POUNDS, FLOATING TIMBER, STRAYS
AND LOST GOODS.

CHAPTER 141.

Of mills and their repairs.

CHAPTER 142. Of fences and common fields.

Of pounds and distraining of animals.
Of floating timber and damages therefrom.
Of strays and lost goods.

Of coast survey.

SECTION 1. All necessary repairs in any mill, milldam or flume owned by joint tenants or tenants in common, or in any milldam or flume owned in severalty, when the privilege of the water is owned jointly or in common, shall be made by such owners in proportion to their respective interests therein.

SEC. 2. When in the opinion of any owner of any part or share of a mill, milldam or flume, it shall be necessary that such mill, milldam or flume be rebuilt or repaired, and the other part owners shall neglect to rebuild or repair the same immediately, he may apply by petition in writing to the selectmen of the town in which such mill, milldam or flume is situated, to appoint a time and place of hearing thereon.

SEC. 3. Such petition shall contain a description of the premises, of the names and shares of all persons interested therein who are known, and of the object of the hearing, and a request that