this Act, after the refusal or neglect of the persons interested in the property liable to said tax, to pay the same, he shall notify the County Attorney of the proper County, in writing, of such failure to pay such tax, and the County Attorney so notified, if there is a probable cause to believe a tax is due and unpaid, shall prosecute the proceedings in the District Court of the proper County, as provided in Sections 18 and 19 of this Act, for the enforcement and collection of such tax. Section 2. takes effect. This Act shall take effect from and after its passage When act and approval. Approved Feb'y 28, 1905. CHAPTER 47. "An Act to amend Section 3866 of the Civil Code of Be it Enacted by the Legislative Assembly of the State of Section 1. "That Section 3866 of the Civil Code of the State of Montana, relating to the renewal of Mortgages of personal property, as amended by Chapter LV, Laws of 1903, approved March 4th, 1903," be, and the same is hereby amended so as to read as follows: Section 3866. chattel mort gage. Every mortgage of personal property made, acknowl- Renewal of edged and filed, as provided by the laws of this State, may be renewed at any time within sixty days after maturity of the debt or obligation secured thereby, in case such debt or obligation or any part thereof, be unpaid or unfulfilled, by filing an affidavit showing the date of such mortgage, the name of the mortgagor and mortgagee, the date of filing the same, the amount of the debt or obligation secured thereby, and the amount ין When act takes effect. of the debt justly owing at the time of filing such affidavit, or the conditions of the obligation unfulfilled, and that such debt or obligation was neither made nor renewed to hinder, delay or defraud the creditors or subsequent incumbrances of the mortgagor; which affidavit must be subscribed and sworn to by the mortgagee or his assignee. In case of the absence of the mortgagee or his assignee from the city or township where such affidavit is executed, the affidavit may be made by the agent or attorney in fact of the mortgagee or his assignee. The affidavit must be made before an officer authorized to administer oaths, filed in the office where the mortgage therein described is filed; and thereupon the County Clerk of such County must attach such affidavit to the mortgage therein described and note the date of the filing thereof opposite the entry of the mortgage therein described, in the book provided by law for the entry of chattel mortgages; and the original mortgage shall then continue to be in full force and virtue for the period of one year after the expiration of the term for which it was originally given; and a like affidavit may be filed within sixty days after the expiration of said period of one year last aforesaid, and the said original mortgage shall then continue to be in full force and virtue for the period of one more year and in addition to the first years renewal, and under the same conditions and within the same limitations a like affidavit may be filed to renew the said mortgage for each succeeding year thereafter until the debt secured thereby shall be fully paid. Section 2. This Act to take effect and be in force on and after its passage and approval by the Governor. Approved Feb'y 28th, 1905. CHAPTER 48. "An Act amending Title XII, of Chapter XIV, Part III, Be it Enacted by the Legislative Assembly of the State of Section 1. Title XII, That Title XII, Chapter XIV, Part III, Article III of the Code of Civil Procedure of the State of Montana, be amended by adding two Sections thereto to be known cle III, of Civil as Sections 2989 and 2990, so as to read as follows: Section 2989. Code amended may be mort Whenever it appears to the Court or Judge to be for Ward's estate the advantage of the ward of his estate, to raise money gaged. by a mortgage of the real property of the ward or any part thereof, the Court or Judge as often as occasion therefor shall arise in the administration of any such estate, may on a petition, notice and hearing as provided for in the following Section, authorize, empower and direct the guardian, to mortgage such real estate or any part thereof. Section 2990. To obtain an order to mortgage such realty, the proceedings to be taken and the effect thereof must be as follows: 1. The guardian or any person interested in the estate of the ward, may file a verified petition showing: the particular purpose or purposes for which it is proposed to make the mortgage, which shall be either to pay the debts, costs and charges of maintenance, charges of the administration, or to pay, reduce, extend or renew some lien or mortgage already subsisting on said realty or some part thereof, or for the purpose of benefiting or improving the real estate of the ward, when in the opinion of said Court such improvement is advisable; Proceedings to obtain order to mortgage realty. Persons interested may op a statement of such debts, charges, costs of administration, liens or mortgages to be paid, reduced, extended or renewed, or the purposes and advisability of improving such real estate as the case may be; the advantage that may accrue with the estate from raising the required money by such mortgage; the amount to be raised, with the general description of the property proposed to be mortgaged, and the names of the ward or wards, and his or her next of kin, if any, so far as known to the petitioner. 2. Upon filing such petition an order must be made by pose petition. the Court or Judge requiring all persons interested in the estate to appear before the Court or Judge at a time and place specified, not less than four nor more than eight weeks from the time of making such order to show cause why an order should not be granted for a mortgage of such real property. Such order should state the amount mentioned in the petition or such lessor amount as to the Court or Judge shall seem meet and referring to the petition on file for further particulars; which order shall briefly describe such real estate to be mortgaged. Order to show cause, how served. Written consent. 3. The order to show cause may be personally served on the persons interested in the estate at least ten days before the time appointed for the hearing of the petition, or it may be published once a week for four successive weeks in a newspaper of general circulation published in the county where said petition is on file. If written consent to making the order is subscribed by all persons interested therein, notice need not be served or published. 4. The Court or Judge at the time and place appointed in the order, or such other time to which the hearing may be postponed, upon proof of the service, or publication of the order, or upon the written consent of those interested in said estate, must hear and examine the allegations and proofs of the petitioner, and of all other persons interested in the estate who may oppose the application; and if after a full hearing, the Court or Judge is satisfied that it will be to the advantage of the estate to mortgage the whole or any portion of the real estate of such ward or wards, an order must be made authorizing, empowering and directing the guardian to make such mortgage. The order may direct the amount of such mortgage, the maximum rate of interest, and the period of the loan; and may require that the interest or any part of the principal be paid from time to time out of the whole estate or any part thereof, and may provide that any buildings on such premises so mortgaged shall be insured for the further security of the lender. 5. execute mort After the making of the order to mortgage, the guar- Guardian to dian as such shall execute, acknowledge and deliver a gage. mortgage of the premises, for the amount and period specified in the order, setting forth in the mortgage that it is made by authority of the order, and giving the date of such order. A certified copy of the order shall be recorded in the office of the County Clerk of every County in which the incumbered land or any portion thereof lies. A note bearing the signature of the guardian as guardian of such ward or wards, naming them, shall be given at the time of the execution of the mortgage for the amount or sum expressed in such mortgage as evidence thereof, and delivered to the lender, but such note or mortgage shall create no personal obligation upon the guardian or ward, but the holder of such note and mortgage shall look solely for satisfaction to the proceeds which may be derived from a sale of the lands described in such mortgage and no other, except as provided in Sub-division VI. Every such mortgage shall be effectual to mortgage and hypothecate all the right, title and interest of the ward in such property therein described. No irregularity in the proceedings shall impair or invalidate such Irregularity in proceedings validate mort does not in gage. |