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tinue 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, Los County of Calaveras, s.
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.
CoJohn Doe, the the mortgagee in seit doth d
sign aforesailly sw, the morgor in
Chattel Mortgage, on Mining Claims, Flumes, Tunnels, &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 Valley, county of Nevada, in the state of California, and who is by profession, trade or occupation, a quartz mill proprietor and operator, párty 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 quartz 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 appartenances 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 & Ralston, 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 suni 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. }
ribed, uithorized andis executos e providea, the payme nts shall
State of California, City and County of San Francisco, ) DE 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. Subscribed and sworn to, before me, )
RICHARD ROE. this 30th day of April, 1859. WD. W. WIGGINS, Notary Public. )
Chattel 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: There 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 Ilerald, 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, &c., between A. B. of, &c., of the first part, and C. D., of, &c., of the second part, witnesseth: That the said party of the first part, in consideration of
the sum of
dollars, to him duly paid, hath sold, and by these presents doth grant and convey to the said party of the second part, and his assigns, the following described goods, chattels, and property [describe them particularly or refer to them in the schedule, to be annexed, signed by the mortgagor), now in my possession at the town of
aforesaid, together with the appurtenances, and all the estate, title, and interest of the said party of the first part therein. This transfer is intended as a security for the payment of five hundred dollars, with interest, on or before the expiration of one year from the date hereof, and the additional sum of one hundred dollars, with interest, on the
day of , 1860, which payments, if duly made, will render this conveyance void. [The following clause may be added, if necessary :] And it is agreed that, until default by the party of the first part in the performance of the conditions aforesaid, it shall and may be lawful for him to keep possession of the property above mentioned and described, and to use and enjoy the same; but if the said party of the first part shall attempt to sell the same, or any part thereof, or to remove the same out of the county of
without notice to the said party of the second part, or his assigns, and without his or their assent to such sale or removal, to be expressed in writing, then it shall be lawful for the said party of the second part, or his assigns, to take immediate possession of the whole of said property to his or their own use.
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, sealed, and delivered, l
A. B. (L. s.] in presence of W. P.T.
Affidavit to Chattel Mortgage in Oregon (to be made by Mort
gagee, his agent, or attorney, and annexed to the instrument or copy on file, within thirty days next preceding the expiration of the year).
State of Oregon, l County of Multnomah,
C. D., the mortgagee (or E. F., the assignee of C. D., the mortgagee, or G. H., the agent or attorney of C. D., the mortgagee] named in the annexed for within] mortgage [or copy mortgage,] being duly sworn, says, that he is still the owner of said mortgage, and that there is due to him thereon the sum in said mortgage named, to wit, one hundred dollars, which sum constitutes the interest which deponent has in the property mentioned in said mortgage. Sworn to before me, June 7, 1859.
C. D. M. N., Justice of the Peace.
Notice of Sale on Chattel Mortgage for Oregon.
MORTGAGE SALE. By virtue of a chattel mortgage executed by A. B. to C. D., dated the day of , 18 , and filed in the office of the recorder of the county of , on the day of , in the year aforesaid, and upon which default has been made, I shall sell the property therein mentioned and described, viz. [mention the articles), at public auction, at the house of in the city [or, towns of aforesaid, on the day of
instant (or, next], at ten o'clock in the forenoon of that day. Dated at the day of , 18 ,
C. D., Mortgagee,
[or, E. F., Assignee).