P. L. 26. 28 March 1877 § 1. be sufficient to vest in the purchaser the entire estate of the mortgagor in the premises bound by said mortgage, as well in the county where the said scire facias may have been issued, as in the other counties where the said mortgage may have been recorded: And provided further, That before sale shall be made under said writ of levari facias, (an) exemplification of the record of the judgment shall be taken from the county where the same was obtained, and entered in the courts of the other counties where said mortgage may have been recorded; and advertisement of the sale shall be made by the sheriff, in at least one newspaper published in each of the other counties, in addition to the advertisement as now directed by law, in the county in which the sale is to be made. Ibid. § 2. Service of scire facias. Ibid. § 3. Powers of the court. 25 May 1887 § 1. P. L. 270. mortgagor or owner of property, court to direct scire facias to issue. Proceedings. 179. It shall be lawful for the sheriff to go beyond his bailiwick, into any county in which any of the lands bound by the mortgage are situated, for the purpose of serving the writ of scire facias, or other process issued upon such mortgage, upon the mortgagor or mortgagors. 180. The court of the county in which the judgment may be obtained upon any such mortgage as aforesaid, may take any order which may appear to them just and equitable, directing the lands to be sold in parcels, as divided by the county lines or otherwise, as may best suit the interest of parties having liens upon the land in the different counties. 181. In all cases, where any mortgage may have become and remained due and payable, by its terms and conditions, for the space of one year or more, and any Upon petition of dispute shall have arisen between the parties as to the amount to be paid upon said mortgage in order to satisfy the same in full, it shall be lawful for the mortgagor or mortgagors, his, her or their legal representatives, or the owner or owners of the mortgaged premises, or any or either of them, to petition the court of common pleas of the county wherein the mortgaged premises are situate, setting forth the premises, whereupon the said court shall direct the sheriff of said county to serve a notice, stating the facts set forth in the petition, on the holder or holders of any such mortgage, or his, or her, or their legal representative or representatives, requiring the said parties to cause a writ of scire facias to be issued, returnable to the next term, upon the afore-cited mortgage, together with a statement duly verified of the amount claimed to be due upon the said mortgage, and the said cause shall thereupon be proceeded with in due course of law, in the same manner and form as is practised in the courts of this commonwealth in the case Nonsuit or discon- of scire facias upon mortgages and mechanics' liens: Provided, That no nonsuit shall be allowed, or discontinuance permitted of said scire facias, without the consent of all parties and the court. tinuance. Ibid. § 2. 182. If the holder or holders of the mortgages, referred to in the first section of this act, shall refuse or neglect, for the space of sixty days, after the notice Money admitted to required by the first section of this act shall have been served by the sheriff, to be due may be paid into court. issue a writ of scire facias to collect the balance claimed to be due upon the said mortgage, it shall be lawful for the mortgagor or mortgagors, or the owner or owners of the mortgaged premises, to pay into court the amount admitted by him or them to be due upon the said mortgage, and the said court, on due proof being made of the service by the sheriff of the notice required by this act, is hereby authorized and required to decree and direct that satisfaction shall be entered upon the record of said mortgage by the recorder of the proper county, on payment of the costs due relative to entering satisfaction thereon, which said satisfaction so entered shall for ever discharge and release the same, and shall likewise bar all actions brought or to be brought thereon, as fully and effectually, to all intents and purposes, as if the said satisfaction had been entered by the legal holder or holders of said mortgage. When court may direct satisfaction to be entered. 5 April 1853 § 1. P. L. 295. Owners of rights to mine coal may (9.) Mortgages of mining rights. 183. Every tenant of the right to mine coal, or lessee of coal lands or coalmining rights, in or on the lands of others, in Schuylkill county,(u) may mortgage their interests in such rights or property demised, together with all machinery and fixtures appurtenant or belonging thereto or used in the enjoyment of the same, so execute mortgages. as to be good and available in law against all subsequent purchasers, or executioncreditors, upon the recording of such mortgages, as hereinafter directed: Provided, That this act shall not interfere with the rights of the owners of the fee-simple to recover the amount of rent due them. Ibid. § 2. When to be recorded. 184. The instruments mentioned in the preceding section shall be recorded in the county of Schuylkill, within five days after the execution of the same,(v) and in the office of the recorder of deeds of such county, and such recorder is hereby required to record the same at length, in a book to be by him kept in his said office, to be provided at the expense of said county, and to be called coal lease mortgage-book, and shall duly certify the record of all such instruments, under his hand and official seal thereon. (u) See act 21 March 1862, authorizing the mortgaging of lateral railroads, in Huntingdon, Cambria and Bedford counties. P. L. 149. (v) The mortgage is good, as between mortgagor and mortgagee, though not recorded within the five days. Hosie v. Gray, 71 P. S. 198. one year. 185. Every mortgage filed and recorded in pursuance of this act, shall cease to 5 April 1853 § 3. be valid as against the creditors of the person making the same, or against subse- P. L. 295. quent purchasers or mortgagees in good faith, after the expiration of one year Copy and statefrom the recording thereof, unless within the said term of one year, a true copy of ment of mortgage such mortgage, together with a statement exhibiting the interest of the mortgagee to be filed within in the property thereby claimed by him by virtue thereof, shall be filed in the office of the recorder aforesaid; and it shall be the duty of the recorder receiving such copy and statement, to file and indorse thereon the time of receiving the same, and also note the filing and the date of the filing thereof, and likewise the interest aforesaid claimed in such statement, upon the record of the said mortgage.(w) 186. A copy of the record of any such original instrument, or of any copy Ibid. § 4. thereof, so filed as aforesaid, including any statement made in pursuance of this Certified copies to act, certified by the recorder, shall be received in evidence, but only of the fact be evidence. that such instrument or copy and statement was received and filed according to the indorsement of the recorder thereon, and of no other fact; and in all cases the original indorsement by the recorder, made in pursuance of this act upon such instrument or copy, shall be received in evidence only of the facts stated in such indorsement.(x) Ibid. § 5. Record to be evi 187. The record of any such original instrument, including any note or notes made by the recorder upon the record, in pursuance of this act, or a copy thereof, certified by the recorder, shall be received in evidence, but only when the original dence. instrument and the copy or copies thereof filed shall all be lost, and then only of the fact that such instrument, or copy and statement, or copies and statements, if there be more than one, was or were recorded and filed according to the indorsement of the recorder thereon, and of no other fact; and in all cases the acknowledgment by the person making the original instrument of the execution thereof, or the certificate of such acknowledgment, shall be received in evidence only of the fact that such person duly executed said instrument, and of no other fact. Ibid. § 6. 188. The recorder of deeds of the said county shall not receive any such original instrument to record, unless the same shall have been first duly acknowledged by How such instruthe mortgagor, so as to entitle the same to be recorded, nor a copy thereof, with ments to be acstatement annexed as aforesaid, to file, unless such statement shall have been first knowledged or duly verified by the oath or affirmation of the mortgagee; and such recorder shall proved. number on the back every such instrument or copy which shall be filed in his office, in the order in which the same shall be received by him during each year, and he Duties of recorder. shall, at the expense of the county, procure suitable books, and enter therein alphabetically the names of all the parties to such instrument, with the number indorsed thereon opposite to each name, which entry shall be repeated alphabetically under the name of every party thereto. 189. For services under this act the said recorder shall be entitled to receive the following fees for filing each copy, six cents; for entering the same in a book, as aforesaid, six cents for every party to such instrument; for recording the same, including the certificate thereof, one cent for every ten words; for making note of copy and statement on the record, six cents; for entering satisfaction on the record, six cents; for searching for each paper, six cents; and for certified copies of the record, and of such instruments or copies thereof and statements, including certificate and seal, one cent for every ten words. Fees. Ibid. § 7. P. L. 185. 190. So much of the provisions of the act, entitled "An act to authorize mort- 22 March 1861 § 1. gages of coal-leases in Schuylkill county," approved the 5th day of April, Anno Domini 1853, as requires the original mortgage to be filed in the recorder's Repeal of part of office, and that a copy of the mortgage, together with a statement exhibiting the the act of 1858. interest of the mortgagee in the property mortgaged, (to) be filed in the office aforesaid within the term of one year, be and the same is hereby repealed. 191. The lien of all mortgages recorded in pursuance of the provisions of said Ibid. § 2. act shall remain unaffected, notwithstanding a judicial sale hereafter of the prop- Lien not to be erty mortgaged, under any execution, the lien whereof attaches only by virtue affected by judicial of said execution.(y) (10.) Mortgages of royalties. sale. P. L. 197. ties charged on 192. Whenever any person or persons shall have conveyed or leased to any other 18 May 1589 § 1. person, partnership or corporation, the coal or other minerals in, under or upon any land, together with the right to mine and carry away the same, during a term of Purchase-money, years or perpetually, as long as said coal or other minerals shall last, reserving to rentals or royalhimself, herself or themselves, in the said conveyance or lease, as the consideration coal and mineral thereof, the right to receive the purchase-money, rental or royalty therefor, in stip- lands may be ulated payments from time to time, as the same may become due and payable under the terms and conditions of such conveyance or lease, it shall and may be lawful for such grantor or grantors, lessor or lessors, to mortgage his, her or their interest in such payments, rentals or royalties by an instrument in writing, signed (y) See infra 190, whereby this provision is repealed. (z) To give priority to the mortgage, as against an execution-creditor of the mortgagee, the lease must mortgaged. be recorded with the mortgage. Sturtevant's Appeal, 34 P. S. 149. (y) See Miners' Bank v. Heilner, 47 P. S. 452. 18 May 1989 § 1. by such grantor or grantors, lessor or lessors, and duly acknowledged before some person authorized to take acknowledgments of deeds. P. L. 197. Ibid. § 2. Recording. Ibid. § 3. To be a lien when recorded. Ibid. § 4. Assumpsit on default. Attachment. Ibid. Remedy against garnishees. 27 April 1855 § 8. P. L. 369. tain cases. 193. Such mortgage shall be recorded in the county wherein the land described in the conveyance or lease is situated, and shall be recorded and indexed in the books provided for, and in the same manner as other mortgages, and the several recorders shall be entitled to charge and receive like compensation as for recording other mortgages. 194. Such mortgage shall be a lien from the time when it is recorded, as provided in section two of this act, on the payments, rentals or royalties mentioned in the same. 195. In case of default in the payment of any instalment of principal or interest by the mortgagor, as the same may fall due, the mortgagee may have an action of assumpsit to recover the full amount secured by the mortgage, and if judgment shall be recovered an execution in the nature of an attachment may issue against the defendant in the said action, in which the grantee or grantees in the conveyance or lease may be made garnishees, which shall bind the said payment, rentals or royalties, until sufficient shall have accrued to pay the full amount of the said judgment with interest and cost. And after service of the attachment, payment shall be made to the attaching creditor by the garnishees of such purchase-money, rental or royalty, as the same falls due, until the said judgment with interest and cost is fully paid. 196. And in case of neglect or refusal on the part of the garnishees to pay in the manner hereinbefore provided, the plaintiff in the judgment may have the same remedies to enforce payment as the defendant in the judgment has under the terms and conditions of the original conveyance or lease. (11.) Mortgages of leaseholds. 197. It is hereby declared to be lawful for every lessee for term of years, of any colliery, mining land, manufactory or other premises, to mortgage his or her Leaseholds may be lease or term in the demised premises, with all buildings, fixtures and machinery mortgaged in cer- thereon to the lessee belonging and thereunto appurtenant, with the same effect, as to the lessee's interest and title, as in the case of the mortgaging of a freehold interest and title, as to lien, notice, evidence and priority of payment: Provided, That the mortgage be in like manner acknowledged and placed of record in the remedies for rent. Proper county, together with the lease,(z) and that such mortgage shall in nowise interfere with the landlord's rights, priority or remedy for rent; and such mortgages may be sued out as in other cases: Provided, That this section shall in nowise impair the act of 5th of April 1853, entitled "An act to authorize mortgages of coal-leases in Schuylkill county." Not to interfere with landlords' 3 April 1868 § 1. 198. In all cases of mortgages upon leasehold estate, the mortgagee shall have P. L. 57. the same remedies for collection thereof, which mortgagees of real estate have Remedies on lease- under the laws of this commonwealth for the collection of such mortgages. And all proceedings heretofore instituted for the recovery of moneys secured by mortgages upon leasehold estates, in the manner provided by law for the recovery of moneys secured by mortgage upon real estate, be and the same are hereby declared valid. (a) hold mortgages. 13 May 1876 § 1. P. L. 160. What to be deemed a sufficient record ing. 199. Whenever a lease or term of years shall have heretofore been or shall hereafter be mortgaged, under and by virtue of the provisions of the eighth section of an act, entitled "An act to amend certain defects of the law for the more just and safe transmission and secure enjoyment of real and personal estate," approved on the 27th day of April, Anno Domini 1855, (b) which provides that it shall be lawful for any lessee for term of years of any colliery, mining land, manufactory or other premises, to mortgage his or her lease or term in the demised premises, with all buildings, fixtures and machinery thereon, to the lease belonging and thereupon appertaining with the same effect as to leases, interest and title as in the case of the mortgaging of the freehold interest and title, as to liens, notice, evidence and priority of payment: Provided, That the mortgage be in like manner acknowledged and placed of record in the proper county, together with the lease; and that such mortgages shall in nowise interfere with landlords' rights, priority or remedy for rent; and such mortgages may be sued out as in other cases: Provided, That this section shall in nowise impair the act of 5th of April, Anno Domini 1853, entitled "An act to authorize mortgages of coal leases in Schuylkill county - if the lease shall have been recorded in the deed books of the proper county, before the execution of the mortgage, or shall thus be recorded at the time of recording the mortgage, such recording shall be deemed a sufficient compliance with the requirements of said act with reference to recording such lease: Provided always, That full and distinct reference be made in said mortgage to the book and page where the said lease is recorded. (z) See Sturtevant's Appeal, 34 P. S. 149. Creighton v. Ladley, 6 Phila. 209. Ladley v. Creighton, 70 P. S. 490. (a) See Hosie v. Gray, 71 P. S. 198. (b) Supra 197. An assignment of a leasehold as collateral, need not be recorded under this act. Brown v. Beecher, 120 P. S. 590. (12.) Chattel-mortgages. ized. P. L. 181. 200. All saw-logs, sawed lumber, lath, pickets and shingles, and all hewn timber 18 May 1876 § 1. and spars, and all petroleum or coal oil, crude or refined, in tanks, reservoirs, barrels or other receptacle, in bulk, also iron tanks and tank cars, and all iron-ore Certain chattel mined and prepared for use, pig-iron, blooms and rolled or hammered iron in sheets mortgages authoror bars, manufactured slate and canal boats, may be mortgaged for any sum not less than five hundred dollars, by an instrument in writing, signed by the owner thereof, or by his agent duly constituted, and duly acknowledged before some person authorized by law to take acknowledgments of deeds in the following form: cents, being for in the sum of Now for securing the payment of the said debt and the interest from the date hereof to the said do hereby sell, assign and transfer to the suid all the goods, chattels and property described in the following SCHEDULE, VIZ.: said property now being and remaining in the possession of - the sum of then the said : Provided with interest, as interest the said hereby covenant to pay, then this transfer to be void and of no effect; but in case of non-payment of the said sum, at the time or times above mentioned, together with interest may give to the said or to the person in possession of the property, claiming the same, written notice as required by law, of intention to foreclose the mortgage for breach of the condition thereof, and if the said sum is not then paid, the said shall have full power and authority to enter upon the premises of the said party of the first part, or any other place or places where the goods and chattels aforesaid may be, to take possession of said property, to sell the same according to law, and the avails, after deducting all expenses of the sale and keeping of the said property, to apply in payment of the above debt; if from any cause said property shall fail to satisfy said debt, interest, costs and charges, the said covenant and agree to pay the deficiency. In witness whereof - ha - hereunto set · hand and seal, the in the year of our Lord one thousand eight hundred and Sealed and delivered in the presence of day of [SEAL.] But the parties may include in the mortgage any covenants not inconsistent with the provisions of this act. Ibid. § 2. To take effect from 201. Such mortgage shall, except as between the parties thereto, take effect and be valid only from the time of filing and indexing the same in the office of the recorder of deeds of the proper county; and in case of more than one mortgage, date of filing. the one first filed and indexed shall have preference. recorder's office. 202. All such mortgages shall be filed in the recorder's office, in the county Ibid. § 3. wherein the mortgagor resides, where the mortgage is made, if a resident of the state of Pennsylvania, otherwise the same shall be filed in the county wherein To be filed in the chattels actually are at the time of the execution of such mortgage. And the recorder of deeds shall provide a book or books, at the expense of the county, to be entitled "Chattel Mortgage Index Book," wherein shall be kept an alphabetical Recording. index of the mortgages so filed, containing the names of the mortgagor and mortgagee, and the amount and date of such mortgage. Ibid. § 4. Assignments and 203. All such mortgages may be assigned or released by an instrument in writing, signed by the mortgagee or his agent duly constituted, and recorded in the same office as the original mortgage; and such assignment or release shall, except releases. as between the parties thereto, take effect and be valid only from the time of recording the same. Ibid. § 5. 204. No such mortgage shall be valid for a longer period than one year from the date thereof, unless a statement in writing, signed by the mortgagee or his agent When to be reduly constituted, and acknowledged, and specifying the amount due on said mort- newed. gage, shall be filed with the recorder of deeds of the county wherein such mortgage is recorded, at least thirty days before the expiration of the year aforesaid, whereupon the same shall continue valid for the amount due for a further period of one year.(c) Ibid. § 6. 205. In case the sum secured by any such mortgage, or any part thereof, shall remain unpaid, after the time specified therein for the payment thereof, it shall be Foreclosure sales. lawful for the mortgagee, or his agent duly constituted, after having given said (c) This provision is taken from the New York statute; for the construction of which, see Brightly's New York Digest, Vol. 1, page 1414. P. L. 181. 18 May 1876 § 6. mortgagor or his legal representative thirty days' notice, either personally or by public advertisement, inserted four times, at intervals of one week each, in some daily newspaper, if any, and if not, in a weekly paper published in the county wherein the mortgage is recorded, to cause the said chattels to be sold at public auction; in case the proceeds of sale shall more than repay the debt or balance due, and the costs of sale, the remainder shall be paid forthwith to the mortgagor or his agent duly constituted, or to the legal representatives of the mortgagor. Ibid. § 7. Redemption. Fees. Ibid. § 8. Ibid. § 9. Acknowledgments. Ibid. § 10. Notice to purchasers. Penalty for false statement. Ibid. § 11. Duration of act. 20 May 1891. P. L. 102. certain articles. 206. When the condition of a mortgage of personal property is broken, the mortgagor, or any person lawfully claiming or holding under him, may redeem the same, at any time before the property is sold, by the payment of the debt, interest and costs. 207. The recorder of deeds shall receive the sum of one dollar for filing and indexing any such mortgage, and twenty-five cents for entering satisfaction thereon: and he shall, when required, give certified copies of such mortgages, assignments, extensions, or satisfaction of the same, in like manner as mortgages of real estate and such certificates shall be received in evidence the same as the original instruments. 208. The person before whom the acknowledgment of the mortgagors is taken, shall certify that said parties are personally known to him. 209. It shall be the duty of the owner or owners of such property so mortgaged, to disclose to any person or persons, association or corporation, about to purchase such property, the fact of its being so mortgaged, together with the amount of the same, the place of its record, and time of its maturity; and any failure to truthfully state the same, or any part thereof, to a purchaser or purchasers, shall be deemed a misdemeanor; and upon conviction thereof in the court of quarter sessions of the peace of the proper county, the person or persons so convicted shall be subject to a fine of not less than one hundred dollars, nor more than the entire amount of the purchase-money received for such property, and an imprisonment of not less than thirty days, nor more than one year, either or both, at the discretion of the court trying the same. 210. This act shall continue in force for a period of five years from the date of its approval, and no longer: Provided, That no mortgage existing at the expiration of said period shall be affected by the limitation in this section. 211. All iron ore mined and prepared for use, pig-iron, blooms and rolled or hammered iron in sheets, bars or plates, iron and steel nails, steel ingots and bilAuthorized upon lets, rolled or hammered steel in sheets, bars or plates, and all boilers, engines, oil, gas and artesian well supplies, and all steel or iron castings of every description not in place, all petroleum or coal oil, crude or refined, in tanks, barrels, reservoirs or other receptacle in bulk, all roofing and manufactured slate, as well as all slate quarried to be used for roofing or manufactured for other uses, asphaltum blocks including all materials used in the manufacture thereof, all manufactured cement in barrels, bags or bins, including all materials on hand used in the manufacture Not less than $100. thereof, may be mortgaged for any sum not less than one hundred dollars, by an instrument in writing signed by the owner thereof, or by his agent, duly authorized and constituted, and duly acknowledged before some person authorized to take acknowledgment of deeds in the following form:(d) 28 April 1887 § 1. P. L. 73. 212. To all to whom these presents shall come, greeting: Know ye that Form of mortgage, cents, being for ing in the possession of the sum of and interest the said -, now for securing the payment of the said debt and do hereby sell, assign all the goods, chattels and property then the said described in the following schedule, namely: Said property now being and remain- In witness whereof, day (d) This is an amendment of the first paragraph of § 1 of the act 28 April 1887, P. L. 73. [SEAL.] |