Page:United States Statutes at Large Volume 31.djvu/1327

 FIFTY-sixTH CONGRESS. sm. 11. cu. ssl. 1901. 1275 of the purchase inoney actually paid by the purchaser at any sale, and onedan oneghaglf per centum on the amount of the purchase money not ai into the ands of the mortgagee or trustee but credited on the debt, when the creditor becomes a (purchaser. 7 VVhen the property is lawfully a vertised for sale under a mortgage C°mmiSS¥°¤ ,“‘h°’° or deed of trust, and the sale is prevented by payment of the debt or iigfiéiicivemsed Spostr is suspended or postponed by arrangement between the parties interested. the trustee shall be entitled to a commission of one per centum on the amount of the debt secured in addition to the expenses incurred by him, and he shall be entitled to such allowance as often as such advertiseinent shall be made necessary by the default of the debtor: I Brwzided, That if a sale shall actually take place under any such adver— _{;;mS°· tisement, he shall not be entitled to more than one such allowance in addition to his commission on the proceeds of an actual sale. SUBCHAPTER THREE.     Deeds of chattels. D Sec. 5-L6. REGORDING.—NO bill of sale or mortgage or deed of trust R°°°“““g· to secure a debt of any personal chattels whereof the vendor, mortgagor, or donor shall 1'€H]&lH in possession, shall be valid and effectual to pass the title therein, except as between the parties to such instrument and as to other persons aving actual notice of 1t, unless the same be executed, acknowledged, and within ten days from the date of such acknowledgment recorded in the same manner as deeds of real estate, as herein directed and as to third persons not having notice of it as aforesaid, such instrument shall be operative only from the time within said ten days when it is delivered to the recorder of deeds to be recorded. Sec. 547. CoNDrr1oNAL SALES.——`NO conditional sale of chattels in C°“d“‘°“’*l 5**1** virtue of which the property is delivered to the purchaser, but by the terms of which the title is not to pass until the price of said chattels is fully paid, shall be valid as against third persons acquiring title to said property from said purchaser without notice of the terms of said sale, unless the terms of said sale are reduced to writing and signed by the parties thereto and acknowledged by the purchaser and recorded in the same manner as a chattel mortgage, as hereinabove provided; and said writing shall be indexed as if the purchaser were a mortgagor and the seller a mortgagee of such chattels, and shall be operat1ve as to third persons without actual notice of it from the time of being so recorded. SUBCHAPTER Form. DEEDS, RECORDER OF. ¤€<=¤¤·m¤<¤d€*¤f- Sec. 5-18. AXPPOINTMENT AND DUTIES.·—Tl1€1`B shall be a recorder of d$£lg°i¤¤¤¤€¤t an *l deeds of the District appointed by the President, by and with the ` advice and consent of the Senate, who shall record all deeds, contracts, and other instruments in writing affecting the title or ownership of any real estate or personal property in the District which shall have been duly acknowledged an certified, and who shall perform all requisite services connected therewith, and shall have charge and custody of all the records, papers, and property appertaining to his office Sec. 5l9. DEPUTY RECORDER.—Th€ recorder of deeds is authorized D~>i>¤¢>’r€¤<>r¤<>r- to appoint a deputy recorder, and all deeds of conveyance, leases, powers of attorney, and other written instruments required to be filed and recorded, apd alé copies of instruments and records and ccrtgiicates authorized by aw led recorded, made, and certified by the eputy recorder shag have; the same legality, force, and effect as if performed by the recor er.