Page:1889 Territory of Dakota Session Laws.djvu/95

40 CHATTEL MORTGAGES.

CHAPTER 26.

PUBLICATION OF NOTICE OF SALE.

AN ACT, to give Publicity to Cbattel Mortgage Sales.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. .] The foreclosure of Chattel Mortgages otherwise than by action, shall be in accordance with this act, and any foreclosure sale of chattels contrary to the provisions thereof shall be invalid and no title to chattels shall pass thereby.

§ 2. .] The notice of sale shall contain the names of the Mortgagor and Mortgagee, the name of the person by whom the mortgage is owned, the date of the instrument, the amount due thereon, the nature of the default, a description of the property to be sold in the language of the Mortgage, and the place of sale.

§ 3. .] The boards of county commissioners of the several counties, shall at their regular quarterly meetings in April and every year thereafter, designate not less than three publie places in their respective counties, which shall be the only market places for the sale of chattels under the provisions of this act. Provided, that the Mortgagor may at the time of seizure designate by written notice delivered to the Mortgagee or his agent, any other place in the county as the place of sale, and provided further, that growing or harvested crops, grain in bulk, or buildings may be sold under the provisions of this act, without moving the same to the place of sale.

§ 4. {{sc|Notice published—how.] The notice provided for in Section 2, shall be published once, and at least six days prior to the sale, in the newspaper of general circulation, printed and published nearest the place of sale in the county wherein the mortgage shall have been filed, or at the option of the Mortgagor, and in lieu of publication, the notice may be posted conspicuously, and for at least ten days in five public places im the county, provided, that the notice of sale shall be by publication, unless the Mortgagor or his agent