Page:United States Statutes at Large Volume 76A.djvu/325

–229– -229vided in this chapter, is liable to the mortgagor, or his grantee or heirs, for all damages which he or they may sustain by reason of the refusal, and shall also forfeit to him or them the sum of $100. The mortgagee, his assignee, or personal representative, shall deliver to the mortgagor, his lieirs, successors, or assigns, the mortgage and the note so paid or satisfied. For filing and entering the certificate of discharge, or satisfaction, the registrar shall be entitled to a fee of 50 cents. This section does not apply to the payment, satisfaction and discharge of mortgages of personal property under section 4163 of this title. § 4130. Bottomry and respondentia excluded from chapter Contracts of bottomry or respor-ientia, although in the nature of mortgages, are not aflfected by this chapter. Subchapter II—Mortgages of Personal Property § 4151. Mortgageable personal property Mortgages may be made upon all growing crops, including fruit, and upon any and all kinds of personal property, except articles of wearing apparel and personal adornment. § 4152. Stock in trade of merchant Where a mortgage is made upon the stock in trade of a merchant, it shall be deemed, in the absence of a contrary intention, to cover goods subsequently acquired; and purchasers from the mortgagor in good faith and in the usual course of business are not liable to the mortgagee. § 4153. Form of personal property mortgage A mortgage of personal property may be made in substantially the following form: This mortgage, made the day of, in the year , by A B, of, by occupation a , mortgagor, to C D, of , by occupation a , mortgagee, witnesseth: That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of dollars, on (or before) the day of, in the year , with interest thereon (or, as security for the payment of a note or obligation, describing it, and so forth) A B. § 4154. Essentials for validity 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 prescribed by chapter 27 of this title; and (3) it, or a true copy, is filed in the office of the registrar of property of the Canal Zone. § 4155. Duties of registrar with respect to filing; fee (a) The registrar of property shall: (1) mark upon the mortgage of personal property, or copy, filed with him, the day and hour of filing; (2) file the mortgage, or copy, in his office for public inspection; (3) keep a separate book and enter therein the names of the mortgagor and 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; and

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