Page:United States Statutes at Large Volume 55 Part 1.djvu/828

 803 55 STAT.] 77TH CONG., 1ST SESS.-CHS. 580, 581 -DEC. 16, 1941 of a judge of the district court seasonably to issue, and of the officer or agent of the United States designated for the purpose to execute. Such officer or agent, when engaged in executing such warrant with- out the Canal Zone, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner's safe keeping and the execution of the warrant." SEC. 3. Chapter 2, title 7, of the Canal Zone Code is amended by adding, immediately after section 26, a new section numbered 26a and reading as follows: "26a. RULES OF CRIMINAL PROCEDURE.- In respect to matters not covered by this code, the United States District Court for the District of the Canal Zone may adopt rules governing its criminal procedure, not inconsistent with the laws of the United States." Approved, December 16, 1941. [CHAPTER 581] AN ACT To amend the Canal Zone Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2264 of title 3 of the Canal Zone Code, approved June 19, 1934, is hereby amended to read as follows: "2264. WHEN VOID As TO THIRD PERSONs. -A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith and for value, unless- "1. It is accompanied by the affidavit of all the parties thereto that it is made in good faith and without any design to hinder, delay, or defraud creditors; "2. It is acknowledged or proved and certified in the manner pre- scribed in chapter 22 of this title; and "3. It, or a true copy, is filed in the office of the registrar of property of the Canal Zone." SEC. 2. That section 2265 of title 3 of the Canal Zone Code is hereby amended to read as follows: "2265. FILING. - The registrar of property shall mark upon the mort- gage of personal property, or copy, filed with him the day and hour of filing and shall file the mortgage, or copy, in his office for public inspec- tion. He shall keep a separate book in which he shall enter the names of the mortgagor and the mortgagee, the date of the mortgage, the day and hour of filing, a brief description of the property mortgaged and the amount of the mortgage. Such book shall be indexed under the names of both mortgagor and mortgagee. For filing and entering such mortgage or copy, or any assignment of such mortgage, the registrar shall be entitled to a fee of 50 cents." SEC. 3. That article 2, chapter 63, title 3, Canal Zone Code, is hereby amended by adding, immediately after section 2265, a new section numbered 2265a and reading as follows: "2 2 65a. FILING ASSIGNMENT OF MORTGAGE, NOTICE TO MORTGAGOR.-An assignment of a mortgage of personal property may be filed in like manner as a mortgage of personal property, and each filing operates as notice to all persons subsequently deriving title to the mortgage from the assignor: Provided, That when a mortgage of personal property is executed as security for money due, or to become due, on a promissory note, bond, or other instrument designated in the mortgage, the filing of the assignment of the mortgage is not, of itself, notice to a mort- gagor, his heirs, or personal representatives, so as to invalidate any payment made by them, or either of them, to the person holding such note, bond, or other instrument." December 16, 1941 [H. R. 529] [Public Law 344] Canal Zone Code, amendments. Mortgage of per- sonal property. Manner of filing and indexing. Assignment of mort- gage. Proisa

�