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NEBRASKA.— The property must be delivered, or else the mortgage, or a copy, filed in the office of the county clerk of the county where the mortgagor resides, Or, if he be a non-resident, where the property is situated, and ceases to be valid as against creditors, etc., after five years from date of filing. A mortgage with power of sale may be foreclosed by giving at least twenty days' notice of the time and place of sale. The notice shall specify the mortgago, parties, the amount due, and description of the property, and time and place of sale, and shall be published in some newspaper in the county where the property is, or, if no newspaper is published in said county, then by posting up notice in at least five public places in the county, two of which shall be in precinct where sale is to take place. The sale shall be by public auction. If the mortgage contains no power of sale, it may be foreclosed by action. Mortgage of household goods must be signed and acknowledged by both husband and wife.

NEVADA.- Chattel mortgages are allowed for sums not less than one hun. dred dollars. Unless property is delivered to mortgagee, the mortgage must be re. corded in the office of the recorder of county where the mortgagor resides and also where property is situated and be accompanied by affidavit of both parties that mort. gage is made in good faith for debt actually owed by mortgagor, the amount and character of debt, and that same is not made to hinder, delay, or defraud creditors. Foreclosure is by action and decree for sale of property.

NEW HAMPSHIRE.— Possession must be delivered to and retained by the mortgagee, or the mortgage recorded with the clerk of the town where the mortgagor resides, or if the mortgagor resides out of the State, in the town where the property is situated. Both parties must make affidavit that the mortgage is made in good faith, and to secure an existing debt. The mortgagee, at any time after thirty days from the time the condition is broken, may sell the mortgaged property at auction, notice of the time, place, and purposes of the sale being posted at two or more public places in the town in which the sale is to be, at least four days prior thereto. The mortgagee shall notify the mortgagor at least four days prior to the sale. He may purchase at such sale, and the mortgagoi may redeem at any time before the sale.

NEW JERSEY.-Unless accompanied by delivery of the property, the mort. gage must be acknowledged and it or a copy thereof, together with an affidavit of the holder of the mortgage, stating the consideration, and, as nearly as possible, the amount due and to become due thereon, must be filed in the clerk's office for the county where the mortgagor resides, or, if he is a non-resident, in the county where the property is. If there is a registry of deeds in the county, the mortgage must be filed in such registry. After acquired property may be included in the mortgage. Foreclosure is usually enforced by sale conducted in the same manner as sales of personal property taken under execution. Foreclosure may also be made by suit in equity. Five days' notice in writing, stating amount due, must be given before foreclosure of mortgage on household goods.

NEW MEXICO.-A mortgage of personal property must be acknowledged and recorded in the office of the recorder of the county where the property is situated : and every year thereafter, within thirty days of the expiration thereof the mortgagee must file with the mortgage an affidavit showing his interest in the mortgaged property, and the amount due thereon. After condition broken, the mortgagee may sell

the property, or so much thereof as may be necessary, after publishing no tice of sale for four weeks in newspaper in the county where the property is situated.

NEW YORK. - The mortgage, or a true copy, must be filed in the office of the city clerk of the city or town where the mortgagor resides, or, if a non-resident, where the property is, unless the office of the county clerk or register is in such city or town, in which case it must be filed therein; and every year, within thirty days before the expiration of the same, the mort. gagee must file a copy of the mortgage and an affidavit showing his interest in the property, or a statement describing the mortgage, the date and place of record, and the interest of the mortgagee therein. The mortgagee may take possession of the property after condition is broken, and sell the same either at private sale or by public auction. It is customary to give three day's public notice if the sale is by auction, and the mortgagor may redeem at any time before the sale, but not after. If the mortgage contains terms of provisions as to foreclosure, sale, etc., the foreclosure will be governed by them. Mortgage on canal craft must be filed in comptroller's office and is valid as long as debt is enforcible.

NORTH CAROLINA. Mortgages and conditional sales are not valid unless recorded in the county where the mortgagor resides, or, if he is a nonresident, in the county where the property is. On breach of condition, if the mortgage contain a power of sale, the mortgagee may proceed to sell at auction, first giving twenty days' notice at the court-house door as well as in the manner prescribed by the mortgage itself; or the foreclosure may be made by suit in court. If household furniture be mortgaged mortgagor's wife must join.

NORTH DAKOTA.- Unless the mortgagor's acknowledgment is taken, a chattel mortgage must be in writing subscribed by the mortgagor in the presence of two witnesses, who must sign as such, and be recorded in the office of the register of deeds of the county in which the property is situated and is good for three years. Mortgagee must give mortgagor a copy, and receipt for same must be filed with mortgage. A proviso that the mortgage shall cover after acquired property is valid. It may be renewed within ninety days before expiration of three years from date of filing by filing in the office of the register of deeds a copy of the mortgage with a statement of the balance then due, subscribed and sworn to by mortgagor or his agent or attorney. Foreclosure by action, or, if containing, a power of sale, by public sale on six days' notice if. published in a newspaper, or ten days if posted. By giving notice at sale mortgagor may redeem in five days.

OHIO. - If the property is not delivered, the mortgage is absolutely void, unless it, or a copy is deposited with the county recorder of the county where the mortgagor resides, or if he is not a resident, then of the county wherein the property is situated when the mortgage is executed, to be kept by him for the inspection of all persons interested, or to be recorded. The mortgagee must file with the mortgage a statement, under oath, of his claim in dollars and cents, and that it is unpaid; and a copy of the mortgage and an affidavit showing mortgagee's present interest must be filed within thirty days before the expiration of every three years thereafter. There are no provisions in regard to foreclosure of chattel mortgages as distinguished from others. Any provisions in the mortgage would be carried into effect. The mortgagor is entitled to possession and use of the property. After acquired property must be reduced to possession by the mortgagee in order to be covered by the mortgage.

OKLAHOMA. Mortgage must be signed by mortgagor in presence of two witnesses, and it or a true copy must be deposited in office of register of deeds of county where mortgagor lives or if a non-resident, in county where the property is, or it may be acknowledged and recorded. If merely

mere

filed it is good for only three years from date of filing, but may be extended by filing within thirty days before the expiration of the three years a copy of mortgage and affidavit of amount still due. Foreclosure may be by suit, or, under certain conditions by sale after ten days notice.

OREGON. — Mortgages of personal property must be executed, acknowledged, and recorded in the same manner as conveyances of real estate (see Deeds). Every such mortgage is void against subsequent purchasers in good faith, unless there has been immediate delivery and a change of possession, or unless it has been duly recorded. After condition broken, the mortgagee is entitled to possession, and he may recover the same by suit. The mortgage may provide how it shall be foreclosed, in which case that method, and no other, shall be followed. In the absence of any other provision, foreclosure is by action, but where the consideration is less than five hundred dollars, the property may be sold by a sheriff or constable on the written request of the mortgagee.

PENNSYLVANIA. — Leases of collieries, manufactories, mines, and other premises with the buildings and machinery, may be mortgaged, also iron ore, manufactured iron, boilers, engines, oil, gas, and artesian well supplies, petroleum, roofing and manufactured slate, asphaltum, and cement in these latter cases for sums not less than one hundred dollars,— provided the mortgage is recorded in the same manner as deeds of real estate. With these exceptions, no mortgages of personal property are authorized by statute. The mortgage must be made in form prescribed by statute, and properly acknowledged and recorded. Loans on personal security are pledges, and the lender must take possession of the property pledged.

RHODE ISLAND. — Unless the property is delivered to the mortgagee, the mortgage must be recorded within five days, in the office of the clerk of the town where the mortgagor resides, or where the property is, if he be a non-resident. The mortgagee may take possession after condition broken. If there are any provisions in the instrument, the property may be sold in accordance therewith. Redemption at law may be had at any time within sixty days after breach, unless the property has been sold as above. The equity may be foreclosed by bill of equity.

SOUTH CAROLINA.- Property mortgaged must be described in writing or typewriting, not printing, on the face of the mortgage. The mortgage must be proved by affidavit of a subscribing witness and recorded within ten days in the office of the register of mesne conveyances if in the counties of Charleston, Greenville or Spartanburg, elsewhere with the clerk of court of the county where the mortgagor resides; or, if he be a non-resident, where the property is situated. Mortgages of stock in trade are valid and cover after acquired property substituted for goods sold. Recording after ten days is notice only as to subsequent creditors or purchasers. Foreclosure by sale after notice posted for fifteen days in three public places in the county where the property is, one of which shall be the courthouse door, or after publication for two weeks in the county where the mortgagee resides, unless the mortgagee has otherwise agreed in writing.

SOUTH DAKOTA. — Mortgage must be in writing subscribed by the mortgagor in the presence of two witnesses, who must sign as such, and be filed in the office of the register of deeds of the county in which the property is situated. No acknowledgment is necessary. It must bear a certificate signed by the mortgagor that he has received from the mortgagee a true copy of the mortgage. It is good for three years from the date of filing, but may be extended within thirty days before the expiration of said three years by filing in the office of the register of deeds a copy of the mortgage with a sworn statement of the amount then due. Foreclosure may be by action, or on six days' notice by publication in a newspaper nearest the place of sale.

TENNESSEE.- Mortgages must be acknowledged or proved and registered in the county where the mortgagor resides, or, if he be a non-resident, where the property is situated. If the mortgage contain a power of sale, it may be foreclosed in accordance therewith; if not, it is foreclosed by bill in equity.

TEXAS.- A chattel mortgage must be filed in the office of the clerk of the county where the mortgagor resides, or, if a non-resident, where the property is situated. It is foreclosed by suit, and the property is sold under decree of the court. If the property is removed from the county without the mortgagee's consent, the latter is entitled to immediate possession and sale, whether the debt is due or not.

UTAH.- A chattel mortgage must be accompanied by an affidavit of the parties that it is made in good faith to secure the sum named, and not intended to hinder or delay creditors, and be witnessed, and filed with the recorder in the county where the mortgagor resides, or, if he be a non-resident, where the property is situated. Within

thirty days before the expiration of each year an affidavit of the mortgagee, or his agent, showing his interest in the property and the amount due must be filed. No mortgage is valid for more than five years. If it contain a power of sale, it may be foreclosed by the sale of the property without legal proceedings, provided certain statutory provisions as to notice, etc., are complied with; otherwise the foreclosure will be by suit.

VERMONT.-Mortgages of personal property must be recorded in the office of the clerk of the town where the mortgagor resides, or, if he be a non-resident, where the property is situated, and must be accompanied by an affidavit, subscribed by the mortgagor and mortgagee, that the mortgage is made for the purpose of securing the debt specified in the condition thereof, and for no other purpose whatever, and that the same is a just debt, honestly due, and owing to the mortgagee. At any time after thirty days from the time of condition broken, the mortgagee may cause the property to be sold at public auction by a public officer in the town where the mortgagor resides, or where the property is situated, provided notice of the time, place, and purpose of the sale has been posted in two or more public places in such town ten days previously, and ten days' notice in writing given to the mortgagor. Any surplus is paid to the mortgagor, or applied on subsequent mortgages, if there be any such. The officer must make return of his doings to be filed and recorded when the mortgage is recorded.

VIRGINIA.-Chattel mortgages are executed, acknowledged, and recorded in the same manner as deeds of real estate (see Deeds). Chattel mortgages are usually given as deeds of trust, in which case they may be foreclosed by the trustee according to the terms of the mortgage, without the intervention of the courts.

WASHINGTON.- A mortgage of personal property must be accompanied by the affidavit of mortgagor that it is made in good faith, and without design to hinder, delay, or defraud creditors, and must be acknowledged and filed within ten days in the office of the county auditor of the county where the property is situated; if for three hundred dollars or more it may also be recorded in the same manner as a deed of real estate. It ceases to be notice unless within two years after it becomes due mortgagee files affidavit of amount due. The mortgagee may on default, or previously if he has reasonable ground to believe that the security is endangered, have the property

taken and sold by the sheriff. Notice of the time and place of sale and amount due must be served on the mortgagor, and like notice must be given of the sale as of sales on execution. If the right to foreclose or amount due is disputed, the proceedings may be transferred to the district court, or the foreclosure may be made by suit in court in the first instance.

WEST VIRGINIA.-Chattel mortgages require the same formalities as dads of real estate, must be executed under seal or scroll, acknowledged, or else proved by two witnesses, and recorded in the county where the property is. Chattel mort. gages are seldom used, and are foreclosed in court of equity after decree. Deeds of trust usualiy take their place, and, after default, the trustee may sell the property, after due notice, without recourse to the courts.

WISCONSIN.—The mortgage, or a copy, is to be filed in the office of the clerk of the town, city, or village where the mortgagor resides, or if he is a non-resident, where the property is; and every two years, within thirty days before the expiration thereof, the mortgagee must file an affidavit showing his interest in the mortgaged property. After condition broken, the mortgagee may take possession of the property and at the expiration of five days sell the same, and any surplus over the debt and costs must be returned to the mortgagor. Mortgages of marked logs must be recorded in the office of the lumber inspector of the district where the marks are recorded. Mortgages of exempt property or household furniture must be signed by the mortgagor's wife in the presence of two witnesses.

WYOMING.- A chattel mortgage must be executed and acknowledged like conveyances of real estate, and filed in the clerk's office of the county where the property is situated. It is then valid for six months after the expiration of the term for which it was given, but may at or before the expiration of the six months be renewed for another year by filing an affidavit setting forth the mortgagee's interest in the mortgage, and may be further renewed annually in the same manner. It is foreclosed by sale at public auction, after three weeks' advertisement of the time and place of such sale. Chattel mortgages may be made to secure future advances.

For Statutes of Hawaii, the Philippines and Porto Rico see Appendix.

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