validity of the record. This is for the purpose of rendering search of the records unnecessary except for the period covered. There are no similar restrictions on real estate records.)

§ 391m. Cancellation of contract.

Case 378. Uniform Conditional Sales Act, Sec. 12. 12. Cancellation of Contract. After the performance of the condition, upon written demand delivered personally or by registered mail by the buyer or any other person having an interest in the goods, the seller shall execute, acknowledge and deliver to the demandant a statement that the condition in the contract has been performed. If for ten days after such demand the seller fails to mail or deliver such a statement of satisfaction, he shall forfeit to the demandant five dollars ($5.00) and be liable for all damages suffered. Upon presentation of such statement of satisfaction the filing officer shall file the same and note the cancellation of the contract and the date thereof on the margin of the page where the contract has been entered. For filing and entering the statement of satisfaction the filing officer shall be entitled to a fee of (ten cents), except that the........shall be entitled to a fee of (fifty cents) for filing and entering a statement of the satisfaction of a contract described in Section 8.

Question 378: How is the conditional sale cancelled upon the records?

§ 391n. Sale or removal by buyer.

Case 379. Uniform Conditional Sales Act, Sec. 13. 13. Prohibition of Removal or Sale Without Notice. Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from any filing district and sell, mortgage or otherwise dispose of his interest in them; but prior to the performance of the condition, no such buyer shall remove the goods from a filing district in which the contract or a copy thereof is filed, except for temporary uses for a

period of not more than thirty days, unless the buyer not less than ten days before such removal shall give the seller personally or by registered mail written notice of the place to which the goods are to be removed and the approximate time of such intended removal; nor prior to the performance of the condition shall the buyer sell, mortgage or otherwise dispose of his interest in the goods, unless he, or the person to whom he is about to sell, mortgage or otherwise dispose of the same, shall notify the seller in writing personally or by registered mail of the name and address of the person to whom his interest in the goods is about to be sold, mortgaged or otherwise transferred, not less than ten days before such sale, mortgage or other disposal. If any buyer does so remove the goods, or does so sell, mortgage or otherwise dispose of his interest in them without such notice or in violation of the contract, the seller may retake possession of the goods and deal with them as in case of default in payment of part or all of the purchase price. The provisions of the section regarding the removal of goods shall not apply, however, to the goods described in Section 8.

§ 3910. Refiling or removal.

Case 380. Uniform Conditional Sales Act, Sec. 14. 14. Refiling on Removal. When, prior to the performance of the condition, the goods are removed by the buyer from a filing district in this state to another filing district in this state in which such contract or a copy thereof is not filed, or are removed from another state into a filing district in this state where such contract or copy is not filed, the reservation of the property in the seller shall be void as to the purchasers and creditors described in Section 5, unless the conditional sale contract or a copy thereof shall be filed in the filing district to which the goods are removed, within ten days after the seller has received notice of the filing district to which the goods have been removed. The provisions of this section shall not apply, however, to the goods described

in Section 8. The provisions of Section 11 regarding the duration of the validity of the filing and the necessity for refiling shall apply to contracts or copies which are filed in a filing district other than that where the goods are originally kept for use by the buyer after the sale.

Question 380: What must a seller do to protect himself against creditors and purchasers of the buyer where the buyer removes the goods to another filing district. Within what time?

(Note: Similar provisions now prevail in some states aside from this Act, although the time allowed is usually longer.)

§ 391p. Fraudulent injury, concealment.

Case 381. Uniform Conditional Sales Act, Sec. 15. 15. Fraudulent Injury, Concealment, Removal or Sale. When, prior to the performance of the condition, the buyer maliciously or with intent to defraud, shall injure, destroy or conceal the goods, or remove them to a filing district where the contract or a copy thereof is not filed, without having given the notice required by Section 13, or shall sell, mortgage, or otherwise dispose of such goods under claim of full ownership, he shall be guilty of a crime and upon conviction thereof shall be imprisoned (in the county jail) for not more than (one year) or be fined not more than ($500) or both.

Question 381: Under what conditions is the removal of the goods by the buyer a crime?

§ 391q. Retaking possession.

Case 382. Uniform Conditional Sales Act, Sec. 16. 16. Retaking Possession. When the buyer shall be in default in the payment of any sum due under the contract, or in the performance of any other condition which the contract requires him to perform in order to obtain the property in the goods, or in the performance of any promise the breach of which is by the contract expressly made a ground for the retaking of the goods, the seller

may retake possession thereof. Unless the goods can be retaken without breach of the peace, they shall be retaken by legal process; but nothing herein shall be construed to authorize a violation of the criminal law.

Question 382: If a buyer in a conditional sale does not make the payments as agreed, and the conditional sale does not expressly give the right to retake the goods, has the seller the right to retake the goods?

(Note: Inasmuch as a conditional sale is for purposes of security, the retention of title being in the character of a lien, the right to retake on default is an obvious remedy.)

§ 391r. Notice of intention to retake.

Case 383. Uniform Conditional Sales Act, Sec. 17. 17. Notice of Intention to Retake. Not more than forty nor less than twenty days prior to the retaking, the seller, if he so desires, may serve upon the buyer personally or by registered mail a notice of intention to retake the goods on account of the buyer's default. The notice shall state the default and the period at the end of which the goods will be retaken, and shall briefly and clearly state what the buyer's rights under this act will be in case they are retaken. If the notice is so served and the buyer does not perform the obligations in which he has made default before the day set for retaking, the seller may retake the goods and hold them subject to the provisions of Sections 19, 20 and 23 regarding resale, but without any right of redemption.

Question 383: What notice does the act provide for retaking the goods? Does a seller have to give this notice if he retakes? Does the buyer have any right to redeem the goods if they are retaken after notice?

§ 391s. Redemption.

Case 384. Uniform Conditional Sales Act, Sec. 18. 18. Redemption. If the seller does not give the notice of intention to retake described in Section 17, he

shall retain the goods for ten days after the retaking within the state in which they were located when retaken, during which period the buyer, upon payment or tender of the amount due under the contract at the time of retaking and interest, or upon performance or tender of performance of such other condition as may be named in the contract as precedent to the passage of the property in the goods, or upon performance or tender of performance of any other promise for the breach of which the goods were retaken, and upon payment of the expenses of retaking, keeping and storage, may redeem the goods and become entitled to take possession of them and to continue in the performance of the contract as if no default had occurred. Upon written demand delivered personally or by registered mail by the buyer, the seller shall furnish to the buyer a written statement of the sum due under the contract and the expense of retaking, keeping and storage. For failure to furnish such statement within a reasonable time after demand, the seller shall forfeit to the buyer ($10) and also be liable to him for all damages suffered because of such failure. If the goods are perishable so that retention for ten days as herein prescribed would result in their destruction or substantial injury, the provisions of this section shall not apply, and the seller may resell the goods immediately upon their retaking. The provision. of this section requiring the retention of the goods within the state during the period allowed for redemption shall not apply to the goods described in Section 8.

Question 384: When the goods are retaken by the seller for default by the buyer, what are the seller's rights of redemption? Does he have these rights of redemption where the seller gives notice?

(Note: The reason that the act provides for redemption in case of no notice to retake by seller, and no redemption if there is notice, is because the buyer in either case has a period of time wherein to re-instate himself.)