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OREGON.

Every mortgage of goods and chattels shall cease to he valid as against the creditors of the person making the same, or subsequent purchasers or mortgagors in good faith, after the expiration of one year from the filing of the same, or a copy thereof, with the Recorder, unless within thirty days next preceding the expiration of the year, the mortgagee, his agent or attorney, shall make and annex to the instrument or copy on file, as aforesaid, an affidavit, setting forth the interest which the mortgagee has, by virtue of such mortgage, in the property therein mentioned, upon which affidavit the Recorder shall endorse the time when the same was filed.1

The effect of any such affidavit shall not continue beyond one year from the time when such mortgage would cease to be valid as against the creditors of the person making such mortgage, or subsequent purchasers or mortgagees, in good faith; but within thirty days next preceding the time when any such mortgage would otherwise cease to be valid as aforesaid, a similar affidavit may be filed and annexed, as provided in the preceding section, and with like effect.

The statutes of Washington make no special provision in reference to chattel mortgages. See, in this work, chapters on AsSignment and Bri-L Of Salk.

FORMS.

Chattel Mortgage—for Furniture.

This indenture, made this thirtieth day of April, in the year of our Lord one thousand eight hundred and fifty-nine, between John Doe, whose residence is at Angel's Gamp, county of Calaveras, in the state of California, and who is by profession, trade or occupation, a hotel keeper, party hereto of the first part, and Richard Roe, whose residence is at Sacramento, in the county of Sacramento, in said state, and who is by profession, trade or occupation, a furniture dealer, party hereto of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of three thousand dollars, to him in hand paid by said party of the second part, the receipt of which is

• Statntes O. p. 528.

hereby acknowledged, hath bargained, sold, assigned, transferred and set over, and by these presents doth bargain, sell, assign, transfer and set over, unto the said party of the second part, the following described articles of furniture, being the identical articles tor the purpose of securing the purchase money of which they are herein mortgaged [here insert schedule, oi' refer to schedule attached]; the said goods and chattels above mentioned and described being now in the hotel kept by said party of the first part, in said town of Angel's Camp, to have and to hold all and singular the said goods and chattels above bargained and sold, or intended so to be, unto the said party of the second part, his executors, administrators and assigns, forever. Provided, nevertheless, and this present indenture is upon this express condition, that if John Doe, the said party of the first part, his executors, administrators or assigns, shall well and truly pay unto the said party of the second part, his executors, administrators or assigns, the sum of three thousand dollars, on the thirtieth day of July, at the Banking House of Thos. S. Fiske and Co., in the city and county of Sacramento, in this state, and shall further pay unto the said party of the second part, his executors, administrators or assigns, interest upon the said principal 6um at and after this date, at the rate of two per cent, per month, on the thirtieth day of each month, at said Banking House of Thomas S. Fiske and Co., in the said city and county, until the said principal sum be fully paid and discharged, then these presents shall be void. But in case default shall be made in the payment of the said principal sum above mentioned, or any one of said instalments of interest, then it shall and may be lawful for, and he the said party of the first part doth hereby authorize and empower the said party of the second part, his executors, administrators or assigns, with the aid and assistance of any person or persons, lawfully to enter his dwelling-house, hotel, store and other premises, and such other place or places as the said goods or chattels are or may be placed, and take and carry away the said goods and chattels, and sell and dispose of the same for the best price they can obtain by due process of law, or by agreement between the parties to this mortgage, their executors, administrators or assigns, which agreement shall be entered on the record of this mortgage; and out of the money arising therefrom, to restain and pay the said sum above mentioned, with interest, ae aforesaid, and all charges touching the same, and counsel-fees, not to exceed five per cent, upon the full amount which shall then be due, rendering the overplus, if any, unto the said party of the first part, or to his executors, administrators, or assigns. And until default be made in the payment of the said sum of money, said party of the first part may remain and contin ue in the quiet and peaceable possession of the said goods and chattels, and full and free enjoyment of the same.

In witness whereof, the said party hath hereunto set his hand and seal, the thirtieth day of April, one thousand eight hundred and fifty-nine. (Signed) John Doe. [l. S.]

Signed, sealed, and delivered in the presence of A. N.

State of California, ) County of Calaveras, j

John Doe, the mortgagor in the foregoing mortgage named, and Richard Roe, the mortgagee in said mortgage named, being severally duly sworn, each for himself doth depose and say, that the aforesaid mortgage is bona fide, and made without any design to defraud or delay creditors.

(Signed) John Doe.

Richard Roe.

Subscribed and sworn to before me, this 30th day of April, 1859. J. B., Notary Public.

Chattel Mortgage, on Mining Claims, Flumes, Tunnels, c&c.

This indenture, made this thirtieth day of April, in the year of our Lord one thousand eight hundred and fifty-nine, between John Doe, whose residence is at Grass Yalley, county of Nevada, in the state of California, and who is by profession, trade or occupation, a quartz mill proprietor and operator, party hereto of the first part, and Richard Roe, whose residence is at the city and county of San Francisco, in said state, and who is by profession, trade or occupation a banker, party hereto of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one hundred dollars, lawful money of the United States of America, to him in hand paid, by said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, assigned, transferred and set over, and by these presents doth grant, bargain, sell, assign, transfer and set over, unto the said party of the second part, and to his heirs and assigns, forever, all and singular, [here insert description of quarts claims, with the machinery and buildings connected therewith, or, water ditches, flumes and aqueducts, or, tunnels, cuts and other improvements in mining claims, &c., &c] {In mortgages of steamboats or other water craft, insert copy of the enrolment from custom-house.'] To have and to hold the above mentioned and described premises, together with all and singular the tenements, hereditaments, franchises, rights, privileges, implements, tools, buildings, machinery, and other property and appurtenances thereunto belonging or in anywise appertaining.

Provided nevertheless, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators or assigns, shall well and truly pay or cause to be paid, unto the said party of the second part, his executors, administrators or assigns, the sum of one hundred dollars, on the thirtieth day of July, A. D. 1859, at the banking house of Fretz & Ealston, in the city and county of San Francisco, state aforesaid, with interest thereon at the rate of three per cent, per month from the date hereof, until paid, according to the true intent and meaning of a certain promissory note, a copy of which is as follows: [here insert copy of note,] then these presents shall be void. But in case default be made in the payment of the principal sum or interest, as above provided, then the said party of the second part, his executors, administrators or assigns, are hereby authorized and empowered to sell the premises above described, with all and every of the appurtenances, in the manner and form prescribed by law, or by an agreement between the parties to this mortgage, which agreement shall be entered on the record of this mortgage, and out of the money arising from such sale to retain the said principal sum and interest, together with the costs and charges of making such sale, and counsel-fees not to exceed five per cent, upon the full amount which shall then be due, the overplus, if any there be, to be paid unto the said party of the first part, his heirs, executors, administrators or assigns.

In witness whereof, the said party of the first part, hath hereunto set his hand and seal the day and year first above written.

(Signed) John Doe. [l. S.]

Signed, sealed and delivered )
in presence of E. F. J

State of California,
City and County of San Francisco, ,

John Doe, the mortgagor, in the foregoing mortgage, named and Richard Roe, the mortgagee in said mortgage, named being severally duly sworn, each for him

self doth depose and say, that the aforesaid mortgage is bona fide, and made without any design to defraud or delay creditors.

(Signed) John Doe. Subscribed and sworn to, before me, ) Richard Roe.

this 30th day of April, 1859. \ Wd. W. Wiggins, Notary Public. ) Chattd Mortgage of Vessel.

[For the transfer part proceed as in the foregoing, and conclude as follows:] Provided always, and these presents are upon the express condition, that if I, the said party of the first part shall well and truly pay, or cause to be paid unto the said party hereto of the second part, the just and full sum of , with

the interest thereon secured, to be paid by my certain promissory note in the words and figures following, to wit: [here insert note] at the time and in the manner mentioned in said promissory note, and also pay the further sum of dollars per month, in each and every month from and after the date of these presents, as an indemnity to him for the expenses of keeping said steamboat or vessel insured from loss or damage by fire or other casualty, then these presents shall be void, otherwise of force. But if default shall be made in the payment of the said several sums of money above mentioned, or of the interest according to the terms of said promissory note, from thenceforth it shall be lawful for said party of the second part, to consider the said promissory note as immediately due and payable, and to sell and dispose of the said steamboat or vessel absolutely, for cash or on credit, at public auction, in the city of San Francisco, or elsewhere, where she may then be, without any personal notice to me of the time and place of sale or intention to sell, by giving six days' previous notice of the time, place, and terms of sale, by advertising the same for six days successively in the San Francisco Herald, or such other newspaper as he may select; and as my attorney for that purpose hereby authorized and appointed, to make and deliver to the purchaser thereof a good and sufficient bill of sale of said steamboat or vessel, and out of the proceeds of sale to retain the amount of principal and interest, and other moneys which may be due to him hereunder, together with the costs, and expenses, and charges of sale, including auctioneer's fees at the rate of ten per cent. upon the amount secured to be paid by said promissory note, returning me the overplus, if any. And" I do hereby agree, that until the moneys hereby secured shall be fully paid, the said , the party hereto of the second part, shall have and be entitled to the full and complete possession and control of the said steamboat or vessel.

In witness, &c. [For execution see preceding forms and the statute.]

Chattel Mortgage for Oregon.

This indenture, made the day of, etc., between A. B. of,

&c, of the first part, and C. D., of, &c, of the second part, witnessed: That the said party of the first part, in consideration of

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