Page:United States Statutes at Large Volume 54 Part 1.djvu/771

 76TH CONG. , 3D SESS.- CH. 527-JULY 2, 1940 SEC. 3. In the absence of agreement of all parties affected and in the absence of circumstances estopping a lien holder from insisting upon such rights, lien shall be entered on the certificate by the recorder and shall have priority among themselves in the following order: (a) If the motor vehicle or trailer has been previously titled or registered in this or some other jurisdiction, unsatisfied liens shown by the previous certificate, title, registry, or proof of ownership shall be entered in the order in which they appear on such previous certificate, title, registry, or proof of ownership. (b) Liens for which instruments are presented with the applica- tion for the certificate. (c) Liens, where the instruments are presented for recording, together with the certificate, irrespective of the fact that one or more instruments not entered on the certificate may have been previously presented for recording without such certificate. (d) As between two or more instruments presented for recording without the certificate, the one first presented for recording shall have priority. SEC. 4. An instrument shall be in writing; shall show the name and address of the holder, the trade name and engine number of the motor vehicle or the trade name and serial number, if any, of the trailer; shall be signed by the parties and acknowledged by the owner in the manner provided by law for deeds of real estate. A lien shall not be entered upon a certificate unless (1) the motor vehicle or trailer has been previously titled or registered in this or some other juris- diction and the lien is shown upon such previous certificate, title, registry, or proof of ownership; or (2) such an instrument is pre- sented for recording pursuant to the provisions of this Act; or (3) the lien is shown on the application for a certificate, and was created prior to the effective date of this Act or was created while the motor vehicle or trailer was titled or registered in some other jurisdiction. SEC. 5. The Commissioners of the District of Columbia shall assign to the recorder space in the office of the director, and the recorder shall furnish and maintain the necessary furniture, equipment, cards hereinafter mentioned, and other supplies and the required personnel for the purpose of carrying out the provisions of this Act. SEC. 6. Applications for certificates, in addition to all other matters which may be required by law, shall show under oath whether or not there are any liens against the motor vehicle or trailer or any equip- ment or accessories affixed thereto and if so, the lien information in the order of its priority, and shall be accompanied by instruments or any other papers necessary to entitle liens to be entered on the cer- tificate. Upon receipt by the recorder from the director of an appli- cation for a certificate and accompanying documents, if any, or on the application for a duplicate, the recorder shall compare the state- ments in the application as to liens with his records and the documents and instruments accompanying the application and if such statements are incorrect or incomplete or if any of the liens shown by the appli- cation are not entitled to be entered on the certificate in the same order as they appear on the application the recorder shall return all of said papers to the director and advise him of the reasons therefor. If the statements as to liens are full, true, and complete and all liens shown by the application are entitled to be entered on the certificate in the same order as they appear on the application, the recorder shall stamp on the application the words, "Statements as to liens in accordance with records," a facsimile of his signature, and the date, shall accept all instruments accompanying the application for record- ing and shall stamp his record number opposite the statement of each 193470° -4 1 -PT. -- 47 Priority of liens. Form and contents of instrument. Entering of liens. Office space, etc., for recorder. Applications for cer- tificates to contain lien Information. Verification of state- ments concerning liens. Incorrect, etc., state- ments. Correct, etc., state- ments. 54 STAT. ]

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