.

during the continuance of such actual possession. Gen. Laws, 501.

SEC. 5. 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 the entering of which the recorder shall be entitled to the same rate of fees as for recording the original, to be paid in advance by the parties to the mortgage. Gen. Laws, 502.

SEC. 6. 1st. All property mortgaged in pursuance to the provisions of this act may be attached at the suit of the creditors of the mortgagor or mortgagee. When attached at the suit of the creditor of the mortgagor, such creditor shall pay, or tender to the mortgagee, the actual amount due him on such mortgage before the officer making such attachment shall be entitled to the actual possession of such property. When property thus situated and thus redeemed shall have been sold by the officer by virtue of due legal proceedings, out of the proceeds of the sale he shall first pay to the creditor the amount advanced by him to pay the mortgagee with legal interest thereon.

2d. Pay all legal costs and fees appertaining to the judgment, execution and sale.

3d. Pay the judgment creditor the amount of the judgment, and any remaining surplus pay to the judgment debtor. If the creditor of the mortgagor prefers, he may cause to be attached the right of redemption of said mortgagor and cause the same to be sold, subject to the rights of the mortgagee. Such attachment shall be made by leaving a copy of the writ of attachment, with notice of the attachment, with the mortgagee. When the sale of such equity is made on an execution obtained by such attaching creditor, the sum realized shall be applied to the payment of costs, fees, discharge of the execution and any remainder paid to the judgment debtor. When the interest of the mortgagee shall be attached, a copy of the writ of attachment shall be left with the mortgagor with notice of the attachment, and any payment made by him to the mortgagee after such notice shall not release the attachment or

affect the rights of the attaching creditor, but said mortgagor may pay the amount due on said mortgage to the officer who made the attachment, and thereupon said officer shall release said attachment and hold the money so paid him, in the same manner as if he had originally attached said money. Gen. Laws, 503.

SEC. 7. This act shall not be so construed as to interfere or conflict with the lawful mining rules, regulations or customs, in regard to the locating, holding or forfeiture, of claims, but in all cases of mortgages of mining interests under this act the mortgagee shall have the right to perform the same acts that the mortgagor might have performed for the purpose of preventing a forfeiture of the same under the said rules, regulations or customs, of mines, and shall be allowed such compensation therefor as shall be deemed just and equitable by the court ordering a sale upon a foreclosure: provided, that such compensation shall in no case exceed the amount realized from the claim by a foreclosure and sale. Gen. Laws, 504.

SEC. 8. The mortgagee in all mortgages made under this act shall be allowed one day for every twenty miles of the distance between his residence and the county recorder's office, where such mortgage ought by law to be recorded, to conform to the provisions of this act, before any attachment shall be valid made by the creditors of the mortgagor. Gen. Laws, 505.

SEC. 9. Section eight of the act, approved April 29th, 1857, entitled "An act amendatory of and supplemental to an act in relation to personal mortgages in certain cases,' passed May 11th, A.D. 1853, is hereby repealed. Nothing contained in said act or in the act of which said act is amendatory shall be construed to apply to or shall affect in any manner any bill of sale, mortgage, hypothecation or conveyance, of any vessel or part of any vessel which is or shall be duly recorded in the office of the collector of customs of the place where such vessel is registered or enrolled pursuant to the laws of the United States. Pub. Laws, 1868.

SEC. 10. If the property is not such as could be mortgaged under the provisions of the chattel mortgage act,

and the mortgage is not executed with reference to that act, its effect is to be determined by the rules of the common law; and it is a well-settled rule of that law, that a mortgage of personal property entitles the mortgagee to the possession. 20 Cal. 617, 618.

SEC. 11. A mortgage of chattels, the possession remaining in the mortgagor, is good against all persons except subsequent purchasers and bona fide creditors. The title vests in the mortgagee, subject to be divested on compliance with the conditions. 14 Cal. 85.'

SEC. 12. A chattel mortgage, under the act of 1857 and the amendment of 1861, is of no validity except between the parties thereto, unless the provisions of the act are strictly complied with. Gassner vs. Patterson, 23 Cal. 299.

SEC. 13. A sale of personal property, made to secure the indebtedness of the vendor to the vendee, makes the transaction a mortgage. Moore vs. Murdock, 26 Cal. 514.

SEC. 14. Hotel Furniture.-To render a chattel mortgage, given to secure the purchase money of furniture and upholstery for a hotel or boarding-house valid, it must appear that the furniture and upholstery were actually used in a hotel or boarding-house. Stringer vs. Davis, 30 Cal. 318.

SEC. 15. A mortgage on growing crops executed, acknowledged and recorded, like mortgages on real estate, is valid as against third parties, without delivery of possession of the property mortgaged. Quiriaque vs. Dennis, 24 Cal. 154.

SEC. 16. The lien of such a mortgage ceases as against subsequent purchasers after the crop is harvested, unless when harvested it is delivered to the mortgagee. 24 Cal. 154.

SEC. 17. A mortgagee may sell the property mortgaged upon reasonable notice to the mortgagor of the time and place of sale after conditions broken. Wilson vs. Brannan, 27 Cal. 258.

SEC. 18. Redemption by Mortgagor.-The mortgagor may redeem the property at any time before foreclosure or by sale at auction. 27 Cal. 258.

SEC. 19. The following is a form of chattel mortgage :

Chattel Mortgage.

.....

county the

.....

This indenture, made the .... day of ...., in the year of our Lord one thousand eight hundred and between. ..... residing at ...., in the county of...., state of and by profession, trade or occupation, a ...., the party of the first part, and .... and residing at of ...., state of ...., and by profession, trade or occupation, a party of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of .... dollars, .... of the United States, to ...., in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over, unto the said party of the second part, all those certain goods and chattels, now being in state of, and described as follows, to wit: [here give description of goods or chattels].

....

.....

....

.....

....

....

To have and to hold, all and singular the said good and chattels above bargained and sold, or intended so to be, unto the said party of the second part, executors, administrators and assigns, forever: provided, nevertheless, and these presents are upon this express condition, that if the said party of the first part, executors, administrators or assigns, shall well and truly pay unto the party of the second part, .... executors, administrators or assigns, the sum of.... dollars.... of the United States, on the.... day of...., A.D. 18.., at the .... of in the ...., county of ...., state of...., and shall further pay in .... of the United States, unto the said party of the second part, executors, administrators or assigns, interest upon the said principal sum at and after this date, at the rate of per cent. per on the .... day of at said..... of ..... in the said .... county of then these presents shall be void. But in case default shall be made in the payment of the said principal sum, or any one of the said installments or interest, then it shall and may be lawful for and the said party of the first part does hereby anthorize and empower the said party of the second part, .... executors, administrators or assigns, with the aid and assistance of any person or persons, to enter.... dwelling-house, .... 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 the mortgage, and out of the money arising therefrom, to retain and pay the said sum above-mentioned, and interest as aforesaid, and all charges touching the same, and counsel fees not to exceed .... 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 executors, administrators or assigns. And until default be made in the payment of the said sum of money, the said party of the first part, .... executors, administrators and assigns, may remain and continue in the quiet and peaceable possession of said goods and chattels, and in the full and free use and enjoyment of the same.

In witness whereof, the said party of the first part has hereunto set .... hand and seal the day and year first above written. [L.S.] Signed, sealed and delivered, in the presence of

....

being . duly sworn....、

says, that

is the mortgagor named in the foregoing mortgage; and that the said mortgage is bona fide and made without any design to defraud or delay creditors.

Subscribed and sworn to before me, this .... day of .... A.D. 18..

is the mortgagee named in the foregoing mortgage; and that the said mortgage is bona fide and made without any design to defraud or delay creditors.

Subscribed and sworn to before me, this .... day of ...., A.D. 18..

CHAPTER XXXVI.

CLAIMS AGAINST THE ESTATES OF DECEASED PERSONS.

SECTION 1. Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in the county, if there be one, if not, then in such newspaper as may be designated by the court, a notice to the creditors of the deceased, requiring all persons having claims against the deceased to exhibit them with the necessary vouchers, within ten months after the first publication of the notice to such executor or adminis trator, at the place of his residence or transaction of business, to be specified in the notice; such notice shall be published as often as the judge or court shall direct, but not less than once a week for four weeks; the court or judge may also direct additional notice by publication or posting. In case such executor or administrator resign or be removed, before the expiration of the ten months after the first publication of such notice, his successor shall give such notice only for the unexpired portion of the ten months. Pr. Act, 128.

SEC. 2. The term "claims," as used in the probate act,