take all lawful ways and means for the recovery of the said money and interest; and in case of payment, to discharge the same as fully as the said party of the first part might or could do if these presents were not made.

In witness whereof, the said party of the first part has hereunto set his hand and seal, the in the year of our Lord

day of

one thousand eight hundred and seventy

Signed, sealed, and delivered in the presence of

178.

Assignment of mortgage-Illinois form.

in liber

[Seal.]

Know all men by these presents, that -, party of the first part, in consideration of the sum of dollars, lawful money of the United States, to him in hand paid by party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer, and set over unto the said party of the second part, a certain indenture of mortgage, bearing date the day of one thousand eight hundred and seventy made by and recorded in the office of the county of of mortgages, at page; together with the bond [or note] therein described, and the money due and to grow due thereon, with the interest. To have and to hold the same unto the said party of the second part, his heirs and assigns, forever; subject only to the proviso in the said indenture of mortgage mentioned. And I do hereby make, constitute, and appoint the said party of the second part my true and lawful attorney, irrevocably, in my name or otherwise, but at his proper costs and charges, to have, use, and take all lawful ways and means for the recovery of the said money and interest; and in case of payment, to discharge the same as fully as I might or could do if these presents were not made. [If a covenant as to the amount due on said mortgage is required, it may be inserted here.]

In witness whereof, I have hereunto set my hand and seal, the day of one thousand eight hundred and seventy

[Seal.]

in the year one

between

-, party of

This indenture, made this day of thousand eight hundred and seventythe first part, and —, party of the second part: Whereas, by indenture of mortgage bearing date the day of, one thousand eight hundred and seventy

for the consideration

therein mentioned, and to secure the payment of the money therein specified, did convey certain lands and tenements, of which the lands hereinafter described are part, unto -, party hereto of the first part, which said mortgage was recorded in the office of the clerk [or recorder] of the county of, on the day of, 187, in book of mortgages, at page And whereas, the said party of the first part, at the request of the said party of the second part, has agreed to give up and surrender the lands hereinafter described unto the said party of the second part, and to hold and retain the residue of the said mortgaged lands as security for the money remaining due on the said mortgage, now this indenture Witnesseth: That the said party of the first part, in pursuance of said agreement, and in consideration of one dollar to him duly paid at the time of the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, released, quitclaimed, and set over, and by these presents doth grant, release, quitclaim, and set over unto the said party of the second part, all that part of the said mortgaged land bounded and described as follows: [here insert description of released premises] together with the hereditaments and appurtenances thereunto belonging; and all the right, title, and interest of the said party of the first part, of, in, and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part as heretofore. To have and to hold the land and premises hereby released and conveyed, to the said party of the second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, forever, free, clear, and discharged from all lien and claim, under and by the virtue of the indenture of mortgage aforesaid.

In witness whereof, the party of the first part hath hereunto set his hand and seal, the day and year above written.

[Seal.]

180.

Satisfaction of mortgage, New York form.

STATE OF NEw York,

County of New York,

SS.

I, -, of the city, county, and State of New York, do hereby certify that a certain indenture of mortgage, bearing date the day of —, in the year one thousand eight hundred and seventy made and executed by and his wife, to me, to secure the payment of dollars and interest, and recorded in the office of the register of the county of New York, in liber

day of

in the year one

at

o'clock in the

-noon, is paid, and I do hereby consent that the same be discharged of record.

Dated the

day of

Signed and delivered in the

presence of

187

[An acknowledgment should be added. This form may be used for the satisfaction of a chattel mortgage, by using the word "filed," instead of "recorded," and giving the date of filing.]

181. Satisfaction of mortgage, California form.

party

of the first

Know all men by these presents, that I,, do hereby certify and declare that a certain mortgage, bearing date the day of- 187- made and executed by the part therein, to the party of the second part therein, and recorded in the office of the county recorder of the --, county in book of mortgages, on page on the 187, together with the debt thereby secured, is fully paid, satisfied, and discharged.

of

of

the

day

In witness whereof, I have hereunto set my hand and seal, -day of one thousand eight hundred and seventy

Signed, sealed, and delivered in, the

presence of

[Seal.]
[Seal.]

[Add acknowledgment.]

182.

Satisfaction of mortgage, general form.

Know all men by these presents, that I, of the, of and State of, do hereby certify that a certain indenture of mortgage, bearing date the day of, one thousand eight hundred and seventy- made and executed by, party of the first part, to of the second part, and recorded in the office of the clerk [or recorder] for the county of

in liber of mortone thousand eight hundred and seventy -, is fully paid, satisfied, and discharged. In witness whereof, I have hereunto set my hand and seal, the day of one thousand eight hundred and seventy

183.

Chattel mortgage with danger clause.

To all to whom these presents shall come: Know

county of

and State of

ye

that I,

of the party of the first part, for the securing the payment of the money hereinafter mentioned, and in consideration of the sum of one dollar to me duly paid by of the same place, party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, and sell unto the said party of the second part, [here describe the goods] now in the premises No.,

Street, in the city of, to have and to hold, all and singular the goods and chattels above bargained and sold, or intended so to be, unto the said party of the second part, his executors, administrators, and assigns forever. And I, the said party of the first part, for myself, my heirs, executors, and administrators, all and singular the said goods and chattels above bargained and sold unto the said party of the second part, his heirs, executors, administrators, and assigns, against me, the said party of the first part, and against all and every person or persons whomsoever, shall and will warrant, and forever defend. Upon condition that if I, the said party of the first part, shall and do well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the sum of one thousand dollars, with interest thereon from

on or before the day of -, 187, [or on demand] then these presents shall be void. And I, the said party of the first part, for myself, my executors, administrators, and assigns, do covenant and agree to and with the said party of the second part, his executors, administrators, and assigns, that in case default shall be made in the payment of the said sum above mentioned, or should said goods be sold or removed, or levied upon by execution or attachment, that it shall and may be lawful for, and I, the said party of the first part, do hereby authorize and empower the said party of the second part, his executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter my dwelling-house, store, and other premises, and such other place or places as the said goods or chattels are or may be placed, and take and carry away the said goods or chattels, and to sell and dispose of the same for the best price they can obtain; and out of the money arising therefrom to retain and pay the said sum above mentioned, and all charges touching the same; rendering the overplus [if any] unto me or to my executors, administrators, or assigns. And until default be made in the payment of the said sum of money, or said goods be sold, removed, or levied upon, I am to remain and continue in the quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the

same.

In witness whereof, I, the said party of the first part, have hereunto set my hand and seal the day of one thousand eight [Seal.]

hundred and seventy

Signed, sealed, and delivered in the

presence of

[This form is adapted for and in use generally in the Eastern States.]

184.

Chattel mortgage, California form.

This mortgage, made the

eighteen hundred and seventy

of

the

State of -, by occupation
State of

in the year a. D.

of

of the ―, county mortgagor to by occupation

mort

county of gagee Witnesseth: That said mortgagor mortgages to the said mortgagee all that certain personal property situated and described as follows, to wit: [here give a schedule or statement of the property] as security for the payment to him, the said mortgagee, of dollars, of the United States of America, on in the year of our Lord eighteen hundred and seventy with interest thereon at the rate of per cent. per —, according to the terms and conditions of a certain promissory note, of even date herewith, and in the words and figures following, to wit:

day of

Signed and executed in the

[Seal.] [Seal.]

presence of

STATE OF CALIFORNIA,

County of›

SS.

the mortgagor in the foregoing mortgage named, and the mortgagee in said mortgage named, being duly sworn, each for himself, doth depose and say: That the aforesaid mortgage is made in good faith, and without any design to hinder, delay, or defraud creditor or creditors.

[By the Civil Code of California, Sec. 2957, a mortgage of personal property is void as against creditors of the mortgagor, and subsequent purchasers and incumbrancers 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. Unless it is acknowledged or proved, certified and recorded in like manner as grants of real property. By Sec. 2955, Civil Code, chattel mortgages may be made upon: First, Locomotives, engines, and other rolling stock of a railroad; Second, Steamboat machinery, the machinery used by machinists, foundry-men, and mechanics; Third, Steam-engines and boilers; Fourth, Mining machinery; Fifth, Printing-presses and material; Sixth, Professional libraries; Seventh, Instruments of a surgeon, physician, or dentist; Eighth, Upholstery and furniture used in hotels, lodging or boardinghouses, when mortgaged to secure the purchase money of the arti