1; Jan. 14.

L. 1876, chap. 36, § be matured and gathered, and any mortgage given on such growing crops is hereby declared to be null and void and of no effect.

Chattel mortgage recorded as con

real estate.

§ 2361. That hereafter all chattel mortgages, or other inveyances, affecting struments of writing, having the effect of a mortgage or a lien upon personal property, shall be acknowledged by the owner or mortgagor and recorded in the same manner as Duty of recorder conveyances affecting real estate. Upon the receipt of such

in respect to same.

Mortgage, duly

acknowledged, recorded and lost: record evidence

same.

of

C. 73. L. 89, § 1: Feb. 22.

one

Void after year unless renew

ed.

instrument the recorder shall indorse on the back thereof the time of receiving it, and when recorded the party in whose favor the mortgage is executed shall have the right to withdraw the same. The recorder shall keep a book properly indexed, in which shall be recorded affidavits of renewal of chattel mortgages, and shall indorse on the back thereof the time of filing the same, and shall refer on the margin of the record of the same to the book and page in which the mortgage is recorded, which the affidavit is intended to renew. When such mortgage is acknowledged and recorded in the manner herein prescribed, or when such affidavit of renewal is recorded as herein required, and it shall be shown to the court by the oath or affidavit of the party wishing to use the same, or either of them, or of any one knowing the fact that such mortgage or affidavit is lost or not in the possession of the party wishing to use the same, or either of them, the record thereof or the transcript of such record, certified by the recorder, under the seal of his office, may be received in evidence without further proof.

For recording a chattel mortgage the clerk shall receive one dollar and fifty cents when the same contains not exceeding ten folios of one hundred words each, and fifteen cents for each additional folio; for recording and indexing the affidavit, fifty cents; but this act shall in no manner affect or impair any existing chattel mortgage already filed as now required by law.

§ 2362. Every mortgage so filed shall be void as against the creditors of the person making the same, or against subsequent purchasers, or mortgages in good faith, after the expiration of one year after the filing thereof, unless within thirty days next preceding the expiration of the term of one year from such filing, and each year thereafter the mortgagee, Renewal by affi- his agent or attorney, shall make an affidavit exhibiting the

davit.

interest of the mortgagee in the property at the time last aforesaid, claimed by virtue of such mortgage, and if said mortgage is to secure the payment of money, the amount yet due and unpaid; such affidavit shall be attached to, and filed L. 1876, C. 36, § 4: with the instrument or copy on file to which it relates.

Jan. 14.

§ 2363. If such affidavit be made and filed before any purchase of such mortgaged property shall be made, or other mortgage deposited, or lien obtained thereon in good faith, it shall be as valid to continue in effect such mortgage, as if the same had been made and filed within the period above provided.

§ 2364. A copy of such original instrument, or any copy thereof, so filed as aforesaid, including any affidavit made in pursuance of this act, certified by the recorder in whose office

the same shall be filed, shall be received in evidence, but only of the fact that such instrument or copy, and such affidavit was received and filed according to the indorsement of the recorder thereon, and of no other fact.

§ 2365. In the absence of stipulation to the contrary, the mortgagor of real or personal property shall have the right of possession thereof.

§ 2366. When any mortgage of personal property shall have been fully paid or satisfied it shall be the duty of the mortgagee, his assignee or personal representative, to enter satisfaction, or cause satisfaction thereof to be entered of record, under the head of remarks, on the record of mortgages, and any mortgagee or assignee of such mortgagee, who shall neglect or refuse to enter satisfaction of such mortgage as is provided by this act, shall be liable in damages to such mortgagor, his grantee or heirs, in the sum of one hundred dollars, to be recovered in a civil action before the district court; and the sum of one hundred dollars aforesaid, shall be regarded as fixed and liquidated damages in any such

case.

§ 2367. After condition broken, the mortgagee or his assignee may proceed to sell the mortgaged property, or so much thereof as shall be necessary to satisfy the mortgage and costs of sale: having first given notice of the time and place of sale, by written or printed handbills, posted up in at least four public places in the precinct in which the property is to be sold, at least ten days previous to the day of sale.

§ 2368. If the mortgagee or his assignee shall have obtained possession of the mortgaged property, either before or after condition broken, the mortgagor, or any subsequent mortgagee, may demand in writing a sale of such property. In such case the mortgagee shall proceed to sell the property, having first given the notice as provided in the preceding section.

$ 2369. If after satisfying the mortgage and costs of sale there shall be any surplus remaining, the same shall be paid to any subsequent mortgagee entitled thereto, or to the mortgagor or his assignee.

Mortgaged proper

ty, removal or concealment of; penal

ty.

$ 2370. Any person having conveyed to another any per sonal property by chattel mortgage or other instrument of writing having the effect of a mortgage or lien upon such property, who during the existence of such mortgage or lien, shall sell, transfer, conceal, take, drive or carry away, or in any manner dispose of such property or any part thereof, or cause or suffer the same to be done, without the written consent of the holder of such mortgage or lien, shall be guilty of a misdemeanor, and on conviction may be fined in a sum not exceeding twice the value of the property so sold or disposed of, or confined in the county jail not exceeding six months, March 11. or both, at the discretion of the court.

L. 1884, chap. 9. § 1;

Disincorporates certain cities.

2378

Publication, how made

Property, how to be sold.

Accounts, time for presentation, limited..

§ 2371. The incorporation of all cities heretofore organized and incorporated under an act for the incorporation of cities, approved February 11, 1880, are and the same are here

L. 1884. chap. 38, by disincorporated and dissolved.

1; April 1.

County commis

ians.

$ 2372. The officers of said corporations shall forthwith sioners to be custod turn over and deliver to the county commissioners of the respective counties in which said cities are situate, all books, records, and property belonging to the said corporations respectively, and said county commissioners are hereby made the custodians of such books, records, and property of such corporations.

Id. § 2.

Indebtedness to be ascertained, how.

Warrants to be presented.

Id. § 3.

Legalizing certain indebtedness.

$ 2373. It shall be the duty of said commissioners of the respective counties in which said cities are situate, to ascertain the amount of the indebtedness, due and owing by said cities, and the name and names of the person or persons to whom any amount is due, and for that purpose every person or persons who may have a claim against such city, or who may hold a warrant due by such city, shall within six months from the passage of this act, and not afterwards, present the same to said board of commissioners at any regular session held during that time, and it is hereby made the duty of said county commissioners to approve all just claims and proper and legal liabilities heretofore contracted by said cities, and reject all such claims which in their judgment are illegal or improper: Provided, That where any indebtedness was incurred or created, by the authorities of said cities, and for which warrants were issued by the said authorities, after October 26th, 1882, and prior to January 24th, 1883, for health and sanitary purposes, such as to pay physicians, nurses for hospital, hospital supplies, city marshal, police, or for drugs, medicines, sextons, digging graves, coffins, interring dead bodies, printing ordinances, vaccine points, vaccination, and other necessary expenses in curing, caring and providing for patients afflicted with smallpox and guarding against the

spreading of said disease, and interring indigent persons, the contract by which said indebtedness was so incurred or created, and the warrants issued therefor, are hereby legalized and made valid, and the time for presenting such indebtedness to the board of county commissioners for allowance, is hereby extended until July 1st, 1897; and is hereby made the duty of said commissioners to approve all just claims and proper and legal liabilities heretofore contracted by said cities, for the purpose aforesaid, and to reject all claims which in their opinion, were not incurred or contracted as aforesaid, but all claims allowed under the provisions of this act shall be adjusted, settled and paid as hereinafter specified and provided, and not otherwise.

C. 10. L. 97. § 1; Feb. 13.

Warrants to draw six per cent. inter

§ 2374. That any and all warrants issued by said cities for the purposes set forth in section two thousand three hundred est. and seventy-three, shall draw and be allowed interest from the date of said warrants, at the rate of six (6) per centum per annum, until July 1st, 1897.

Id. § 2.

All claims must be presented to comJuly 1st, 1897.

2375. That all claims, indebtedness or liabilities meant or intended by the foregoing proviso of section two thousand missioners before three hundred and seventy-three, must together with the warrants evidencing the same, be presented to said commissioners for allowance, on or before July 1st, 1897, and not afterwards.

Id. § 3.

County commissioners to issue cou

§ 2376. That the county commissioners of the respective counties in which said cities are situate, are hereby authorized pon bonds. and empowered to issue coupon bonds of the said counties in exchange for the said indebtedness, as evidenced by the warrants of the said cities issued for the purposes as set forth in section two thousand three hundred and seventy-three, to the amount of said warrants, with interest thereon, as provided in section two thousand three hundred and seventy-four.

§ 2377. That any and all bonds issued under the provisions of this act, shall be dated on the 1st day of July, A. D. 1897, and be of the denomination of one hundred dollars each or some multiple thereof, and shall bear interest at the rate of six (6) per centum per annum, payable semi-annually on the first days of January and July of each year; both principal and interest shall be payable at the office of the county treasurer of such county issuing such bonds, or at such place as the county commissioners may designate, and all such bonds shall be payable at the option of the county commissioners issuing the same, in twenty years, and absolutely due and payable thirty years after the date thereof.

§ 2378. That the county commissioners shall execute said bonds, and deliver the same to the holder of such warrants, together with the accrued interest thereon, and for any balance of such warrants and interest as aforesaid, over the amount of bond or bonds, so issued as aforesaid, the board of county commissioners shall issue to the owner or owners thereof a new warrant, similar to the county warrants now being used, and bearing interest at the rate of six (6) per centum per annum from the date thereof. All such warrants shall be reported by the county commissioners to the county treasurer, and shall be registered and paid by him out of any

Id. § 4.

Form of bonds.

Id. § 5.

New warrants, bearing six per cent.

per annum, to be is such warrants and interest.

sued for balance of

Feb. 13.

C. 10, L. 97, § 6; money in his hands collected as hereinafter provided to pay the interest on said bonds, after the payment of interest has been made for any year, and a surplus amount shall be left

Bonds to be numbered consecutive

bear same number.

over.

§ 2379. All bonds issued under the provisions of this act ly and coupons to shall be numbered consecutively, beginning with number one, and shall be signed by the chairman of the board of county commissioners, and attested by the probate clerk, under the seal of the county. The commissioners shall prescribe the form of such bonds, and all coupons shall be signed by the chairman of the board of county commissioners and by the treasurer of such county, and the coupons attached to each bond shall bear the same number as the bond to which they are attached, and shall show the date of maturity of such coupon bond. All bonds issued under the provisions of this act shall be registered in the order in which they are issued, the number, date and amount of each bond so issued, and the time when the same sha'l become due, together with the name of the person to whom issued.

Id. § 7.

Levy to pay interest and bonds.

Id. § 8.

Sinking fund provided for.

Id. § 9.

Funds remaining.

transferred to cur

§ 2380. That it shall be the duty of the county commissioners of the county issuing bonds under the terms of this act, to levy each year, at the time of making the levy of other taxes, a special tax upon the taxable property situate within the limits of said cities in said counties, sufficient in amount to pay the interest on said bonds, or warrants for each year: such tax shall be kept separate from the taxes levied for other county purposes, and shall be payable in money, and shall be devoted exclusively: First, To the payment of such interest, and next to the payment of warrants issued by the county as provided by section two thousand three hundred and seventy-eight.

§ 2381. That after the expiration or the year 1917, and annually thereafter, until said bonds shall be fully paid. the county commissioners of each county issuing bonds under the provisions of this act, shall provide a sinking fund, by taxation, and shall levy a tax upon the taxable property within the limits of said city or cities in said counties equal to at least ten per centum, and not more than twenty per centum of such bonds. Whenever funds to the amount of one thousand dollars shall come into the hands of the county treasurer he shall give notice by publication once a week for at least four consecutive weeks, in some newspaper published in his county, and if there be no newspaper published in such county, then in the nearest newspaper published in the next adjoining county. that upon presentation of certain bonds, designating them by number, date and amount, he will pay the same; and interest upon such bond or bonds shall cease thirty days after the last publication aforesaid: and all such bonds shall be called for redemption in the order of their number, beginning with number one.

§ 2382. That any funds remaining in the hands of the rent expense fund. county treasurer after the redemption of such bonds shall be transferred to the fund for payment of the current expenses of the said county.

Id § 10.