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five days after any day when the same may be due, the whole amount of principal and interest shall at once become due and payable, and further, that such interest may be added to the principal, such aggregate of principal and interest to bear the same rate of interest both before and after judgment until paid; and further, that in the event of a suit to enforce the collection of this note, a counsel-fee of ten per cent. upon the amount of principal and interest due at the time of judgment may be added to and form a part of such judgment. MARK DASHER. Note Secured by Collateral, with Power to Sell.
ANGEL'S CANON, June 1, 1859. $1,000. Ninety days after date, without grace, I promise to pay to the order of R. L. Taylor, at the Banking House of John Parrott, in the city of San Francisco, one thousand dollars, value received, with interest after thirty days until paid, at the rate of two per cent. per month, payable monthly.
I hereby deposit, as collateral security, for the payment of the above note, five shares ($1,000 each) of the Odic Quartz Mining Co., and I hereby appoint and constitute R. L. Taylor, his heirs or assigns, my attorney irrevocable, with power of substitution, to sell without notice to me the whole or any part of said security, either at public or private sale; the proceeds to be applied to the payment of the above note, interest due, and expenses of sale, in case of non-payment of said note when due; any surplus, after payment of said note, interest and expenses, to be subject to my order. But in case of payment of above note and interest, according to the terms of the former, then this agreement to be void, and the above-named security to be returned to me.
Note Payable by Instalments.
GREENHORN GULCH, Nov. 3, 1855. $300,00. For value received, I promise to pay to the Snow Mountain Water Co., one hundred dollars in one month from date, one hundred dollars in forty days from date, and one hundred dollars in fifty days from date, said respective sums to bear legal interest at ten per cent. per annum. HONEST J. MINER.
nmn Memorandum Note for Money Lent.
$50. Borrowed of Wm. Hix, fifty dollars, to be paid when demanded. Green Briar Gulch, August 5th, 1856.. Witness,
SARAH WILLIAMS, her X mark. JEEMS KNIGHT.
Due Bill. $100. Due Gardner Jenks one hundred dollars for tailings. Whiskey Hill, Nov. 1, 1858.
Draft or Order,
GRUB Flat, May 1, 1859. Mrs. EUNICE STONE:
Please pay Thomas Cole, or bearer, seventy-five dollars, and charge the same to account of
Note Payable in Specific Articles. $1,000. Six months from date for value received, I promise to pay to H. S. Austin, or bearer, one thousand dollars, in red-wood lumber, of best quality, at the then current market price. Redwood City, May 1, 1859.
S. B. MARSTON.
FORMS OF ENDORSEMENT.
2.—Endorsement to a Particular Person.
3.- Endorsement to Avoid Liability.
· Without recourse.
5.- Endorsement of an Agent.
D. B. ARROWSMITH.
dagks to yourest, experthereon bor check].
Notice of Protest of Bill, or Note, or Check, for Non-Payment.
SAN FRANCISCO, 1857. SIR:—Please take notice that a certain bill of exchange for note, or check], dated May 1, 1857, for five thousand dollars, payable one month from date, drawn by A. B. in favor of C. D. (and accepted by E. F.,] [or, and endorsed by C, D., G. H., J. K., &c.,] was this day presented by me, to E. F. [or, A. B.], and payment thereof demanded, which was refused; the said bill (or note, or check] having been dishonored, the same was this day protested by me for the non-payment thereof, and the holder looks to you for the payment thereof, together with all costs, charges, interest, expenses, and damages already accrued, or that may hereafter accrue thereon by reason of the non-payment of said bill of exchange for note, or check].
Notary Public. To A. B. [or C. D., E. F., G. H., &c.]
For other forms of notice and of protest see under head of NOTARY.
ACT OF MAY 11, 1853, IN RELATION TO PERSONAL MORTGAGES. SECTION 1. A mortgage for a good and valuable consideration upon possessory claims to public lands, all buildings and improvements upon snch lands, all quartz claims, and all other such personal property as shall be fixed in its structure to the soil, acknowledged in manner and form as mortgages upon real estate are required by law to be acknowledged and recorded in the office of the recorder of the county in which the property is situated, shall have the same effect against third persons as mortgages upon real property.
SUPPLEMENT OF APRIL 29, 1857.
SECTION 1. Chattel mortgages may be made on the following property to secure the payment of just indebtedness. Upholstery and furniture used in hotels and public boarding-houses, when mortgaged to secure the purchase-money of the identical articles mortgaged, and not otherwise; mining claims, saw-mill, gristmill, and steamboat machinery; tools and machinery used by machinists, foundrymen, and other mechanics; steam-boilers, steam-engines, printing-presses, and other printing materials; possessory claims on the lands of the state, with the improvements thereon ; quartz claims, with the machinery and buildings connected therewith; water-ditches, flumes, and aqueducts; tunnels, cuts, and other improvements in mining claims; instruments and chests of a surgeon, physician, or dentist, with their professional library, and libraries of all other persons; stock in any incorporated company. No mortgage made by virtue of
this act shall have any legal force or effect (except between the parties thereto), unless the residence of the mortgagor and mortgagee, their profession, trade, or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage, and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide, and made without any design to defraud or delay creditors : which affidavit shall be attached to such mortgage.
Sec. 2. All mortgages made in pursuance of this act (with the affidavit attached) shall be recorded in the county where the mortgagor lives, and also in the county where the property is located; provided, that property in transitu from the possession of the mortgagee to the county of the residence of the mortgagor, or to a location for use, shall, during reasonable time for such transportation, be considered as located. It shall be the duty of the county recorders of this state to provide proper books of record and of index, in which they shall make a true copy or record of all mortgages made in pursuance of the provisions of this act and left with them for record, and they shall enter, in alphabetical order, the names of the mortgagee and mortgagor in such index books. The recorders shall note on the mortgages and in the index books the time (in like manner as mortgages on real estate) when the same was received into the office for record, and the recording shall take effect from that time. The recorder's fees for recording and indexing shall be the same as are allowed him by law for like services for recording deeds of real estate, to be paid in advance by the person presenting the same for record.
Sec. 3. No chattel mortgage shall be valid (except between the parties thereto) unless the same shall have been made, executed, and recorded in conformity to the provisions of this act; provided, however, if the mortgagee receives and retains the actual possession of the property mortgaged, he may omit the recording of his mortgage during the continuance of such actual possession.
Sec. 4. A right of redemption shall remain in the mortgagor until the same shall have been foreclosed by due process of law, or by agreement between the parties to the mortgage; which agreement shall be entered on the record of the mortgage, and for.