and 4, chapter 37, Revised Statutes of 1866, sections one and two of "An act to define the duties of secretary of state," approved February 15, 1877; sections 9 and 10 of "An act to provide for the election of an attorney general," approved February 15, 1869; section 1 of "An act defining the duties of the commissioners of public lands and buildings," approved February 19, 1877; "An act to amend section 8, chapter 5, of the Revised Statutes," approved February 15, 1869; section 89 of "An act to establish a system of public instruction for the state of Nebraska," approved February 15, 1869; section 9 of "An act regulating the state library," approved March 3, 1871; section 8 of "An act to provide for the election of district attorneys and to define their duties," approved June 11, 1867; section 36 of "An act concerning the organization, powers, and jurisdiction of probate courts," approved March 3, 1873; section 15 of "An act for the government of the hospital for the insane," approved March 3, 1873; section 30 of "An act to provide for the erection of a penitentiary, and for the care and custody of state convicts," approved March 4, 1870; section 10 of "An act to erect and maintain an institution for the blind," approved February 19, 1875: and all acts and parts of acts inconsistent herewith are hereby repealed; Provided, That such repeal shall not operate as a release of any officer or his sureties from liability incurred on any official bond heretofore given by him. 724 SEC. 24. [Act applies to those in office.] The provisions of this act shall apply to all officers now holding office, except that such officers shall not be required to qualify anew or file new bonds. And the principal and sureties on any bond heretofore given, and otherwise regular and valid, shall be liable for any breach of the conditions of such bond, although there were no provisions of law requiring the execution of a bond by such principal, or affixing a penalty therein. CHAPTER 11.-CENSUS. 725 [Obsolete.] CHAP. 11. "An act to provide for the taking of a census, and to define the powers, duties, and liabilities of officers, citizens, companies, and corporations in relation thereto." Passed and took effect Feb. 19, 1885, being pp. 110-113 of the compilation of 1889, being obsolete is omitted from this edition. See chap. 39a for industrial sta tistics. CHAPTER 12.-CHATTEL MORTGAGES, PAWNBROKERS, ETC. 726 SECTION 1. [Foreclosure.] Every mortgage of personal property containing and giving to the mortgagee or any other person a power to sell the property described therein, upon default being made in any condition of such mortgage, may be foreclosed in the cases and in the manner hereinafter specified. [1867, 12th Sess. Ter., § 1, 9. G. S., 481.] 727 SEC. 2. [Requisites.] To entitle any person to foreclose a chattel mortgage as hereinafter prescribed, it shall be requisite, 1. That some default in a condition of such mortgage shall have occurred, by which the power to sell became operative. 2. That if no suit or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage or any part thereof, or if any suit or proceeding has been instituted that the same has been discontinued, or that an execution upon the judgment rendered thereon, has been returned unsatisfied in whole or in part, and 3. That such mortgage, containing the power of sale, has been duly recorded. 728 SEC. 3. [Notice of sale.] Notice that such mortgage will be foreclosed by a sale of the mortgaged property, or some part thereof, shall be given as follows: by advertisement published in some newspaper printed in the county in which such sale is to take place, or in case no newspapers are printed therein, by posting up notices in at least five public places in said county, two of which shall be in the precinct where the mortgaged property is to be offered for sale, and such notices shall be given at least twenty days prior to the day of sale. 729 SEC. 4. [Contents of notice.] Every such notice shall specify: 1. The date of the mortgage and where recorded. 2. The names of the mortgagor and mortgagee, and the assignee of the mortgagee, if any. 3. The amount claimed to be due thereon at the time of the first publication or posting of such notice. A description of the mortgaged property, conforming substantially with that contained in the mortgage. 5. The time and place of sale. the 4. 730 SEC. 5. [Postponement of sale.] Such sale may be postponed from time to time, by inserting a notice of such postponement, as soon as practicable, in newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale shall be postponed; or in case no newspaper is published in the county in which such sale is to be had, by posting a notice of such adjournment in some conspicuous place at the place designated in the original notice posted for said sale to be had. 731 SEc. 6. [Sale, when and where held.] Such sale shall be at public CHAP. 12. "An act relating to the sale and transfer of personal property under mortgage." Laws 12th Sess. Ter., 1867, 9. Chapter 46. G. S., 481. Took effect Feb. 18, 1867. The 9th section was superseded by "An act to prepent the fraudulent transfer of personal property." Laws, 1877, 5. This act is inserted in lieu of said original 9th section, but so much of the act as provided for the removal of mortgaged property having been held unconstitu tional (16 Neb., 239) is omitted. This defect, however, is now supplied by act of March 7, 1885, being section 10 of this chapter. Further provisions concerning chattel mortgages, see secs. 14, 15, and 16, chap. 32, post. To authorte a sale of property under this statute, where the property has been removed by consent of parties into a county other than that where the mortgage was first filed, the mortgage must be duly filed in the county where the sale is to take place. 21 Neb., 400. Sale by mortgagee in which he fails to comply with statute renders him liable to mortgagor for damages. Id. Mortgagee cannot withdraw original instrument from office where filed and proceed to foreclose. 24 Neb., 595. If mortgage be properly filed, duly certified copy sufficient authority for mortgagee to take possession of property and foreclose, 25 Neb., 365. Provisions of sale mandatory; if not complied with, mortgagee must account for full value of property. 32 Id., 761. Mortgagee "feeling unsafe" construed. 32 Id., 1533 Id., 215. Filing. See chap. 32, 914, and notes. Building on leased ground mortgaged not removable after expiration of term. 39 Id., 220. Is a lien or pledge, does not divest title. 40 Id., 892. lien. 40 Id., 892. 42 Id., 229. Id., 608. Release not conclusive evidence of payment of debt. 43 Id., 84. PreMortgagee acquires only a existing debt a sufficient consideration. Creditor may be preferred. Presumption of fraud from possession remains only as long as possession. Chaffee v. Atlas L. Co., 13 Id., 221. Statutory requirements not complied with, mortgagee must respond. 47 Id., 633. Interest of mortgagor in possession may be levied on. efit of act may be waived. Verbal chattel mortgage valid. 22 Id., 112. rest, how plead. 50 Id., 506. When chattel mortgage delivered to third parties takes effect. 51 Id., 39. property. 54 10. 538. Mortgage on growing corn afterwards severed. 58 Id. 328. Priority with tax lien. Chamberlain v. Woolsey, Sept. 19, 1900. Description of stock part of herd. But must be accompanied by delivery of For mortgage on household goods, see sec. 14, ch. 32. post. 46 Id., 897. Mortgagee's Bank v. Hutton, Měh, 20, 1901. Ben De waived. 52 Neb., 649. auction in the day time, between the hours of ten A. M. and four P. M., in the county where the mortgage was first recorded, or in any county where the property may have been removed by consent of parties, and in which the mortgage was duly recorded, and in view of said property. [Amended 1871, 128; 1899, chap. 9.] 732 SEC. 7. [Purchase by mortgagee.] The mortgagee, his assignees, and his or their legal representatives, may fairly and in good faith, purchase any of the mortgaged property offered at such sale. 733 SEC. 8. [Equity of redemption extinguished.] When a mortgage shall have been foreclosed, as herein provided, any and all right of equity of redemption, which the mortgagor may or might have had, shall be and become extinguished. 734 SEC. 9. [Disposing of mortgaged property-Penalty.] That any person, who after having conveyed, any article of personal property to another by mortgage, shall during the existence of the lien or title, created by such mortgage, sell, transfer, or in any manner dispose of the said personal property, or any part thereof, so mortgaged to any person or body corporate, without first procuring the consent, in writing of the owner and holder of the debt secured by said mortgage to any such sale, transfer, or disposal, shall be deemed guilty of a felony, and upon conviction thereof shall be fined, in any sum not less than one hundred dollars, or imprisoned in the penitentiary, for a term not less than one year, nor more than ten years, or both fine and imprisonment, at the discretion of the court. [1877, 5. Amended 1889, chap. 35.] 735 SEC. 10. [Removal of mortgaged property-Penalty.] That any person who after having conveyed any article of personal property to another by mortgage, shall during the existence of the lien or title created by such mortgage, remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was situated at the time such mortgage was given thereon, with intent to deprive the owner or owners of said mortgage of his security, shall be deemed guilty of felony, and on conviction thereof shall be imprisoned in the penitentiary for a term not exceeding ten years, and be fined in a sum not exceeding one thousand dollars. [1885, chap. 11.] PAWNBROKERS, ETC. 735a SEC. 11. [Pawnbroker-Chattel loan broker.] Any person or persons who loan money upon deposits, or pledge of personal property or other valuable thing, or any person, persons or corporation who loan money upon chattel property for security, and require possession of the property so mortgaged, on condition of returning the same upon the payment of a stipulated amount of money, is hereby declared to be a pawnbroker, or chattel loan broker, for the purpose of this enactment. [1899, chap. 10.] 735b SEC. 12. [License-Bond.] Every person, firm or corporation engaged in the business of pawnbroking or chattel loaning, shall pay to the city or village treasurer for a license to carry on the same the sum of $100.00 per year or $50.00 for every six months, in metropolitan cities, but in all other cities, towns, or villages the sum of $50.00 per year or the sum of $25.00 for every six months, SEC. 9. "An act to prevent the fraudulent transfer of personal property." Laws, 1877. 5. Not necessary to allege intent to defraud. 19 Neb., 321. Section cited 21 Neb., 52. Indictment should state name of vendee. Allegations stated. 38 Id., 366. SEC. 10. "An act to prevent the fraudulent removal out of the county of mortgaged personal property, and to provide a penalty for the violation of this act." Took effe t March 5, 1885. Information need not aver mortgage was in writing, nor amount of indebtedness, nor value of property. Words defendant duly mortgaged and thereby conveyed" sufficient Sufficiency of information Gist of action sufficient. Wilson v. State, 48 Id., 745. SECS. 11-19. "An Act Licensing and Regulating Pawnbrokers, dealers in Second hand goods, Junk dealers, and Chattel Loaning, and providing Penalties for a Violation thereof." [Laws, 1899, chap. 10. Took effect July 1, 1899.] such a license to be obtained in the usual manner. Such person or firm shall pay said sum and give bond to city, town or village in which he is to do business in the sum of $5,000.00, with surety to be approved by the mayor or its chief executive officer, conditioned for the faithful performance by the principal, of each and all of the trusts imposed by law or by usage attached to pawnbrokers, or chattel loan brokers; Provided, That no license fee shall be exacted in municipalities which impose a license fee in this business by ordinance. [Id., § 2.] 735c SEC. 13. [License-Place of business.] No person or firm licensed as aforesaid shall be allowed to do business in more than one place under one license, and every such license shall state the place where such business is to be carried on, and shall not be assigned. [Id., § 3.] 735d SEC. 14. [Description of goods and persons.] All persons who shall be engaged in the business of pawnbrokers, chattel loan brokers, or dealers in second-hand goods, or junk dealers, shall keep a book in which shall be legibly writ ten in ink, at the time any loan or purchase, an accurate account or description, in the English language, of the goods, articles, or things pawned, pledged, or mortgaged or purchased, the amount of money loaned or paid therefor, the time the same was received, and the name, residence and description of the person pawning, pledging, mortgaging or selling the same, which book, as well as the article pawned or purchased, shall be at all reasonable times open to the inspection of the mayor or any member of the police department, or any officer of the law. [Id., § 4.] 735e SEC. 15. [Daily report.] It shall be the duty of every such pawnbroker, chattel loan broker, dealer in second-hand goods or junk dealer, to make out and deliver to the chief of police every day, of the municipality where said business is located, before the hour of 12 M., a legible and correct copy, from the book required in section 4 hereof, all personal property or other valuable things received or deposited or purchased or mortgaged, during the day, together with the time received or purchased, and a description of the person or persons by whom left in pledge, and from whom the same were purchased; Provided, That no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business, or goods purchased at open sale from any bankrupt stock or from any other person doing business and having an established place of business in the city. But such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the mayor or any member of the police department; Provided, further, That dealers in scrap metals, except gold and silver, shall not be included in the provisions of this act. [Id., § 5.] 735f SEC. 16. [Articles kept twenty-four hours.] No personal property received on deposit or purchased by any pawnbroker, chattel loan broker, dealer in second-hand goods, or junk dealer, shall be sold or permitted from the place of business of such person for the space of twenty-four hours after the copy and statement required to be delivered to the chief police officer shall have been delivered as required by section 5 of this act. [Id., § 6.] 735g SEC. 17. [Business on Sunday.] The time between 12 o'clock on Saturday night and 12 o'clock on Sunday night shall not be considered in the enforcement of this act, nor shall any property be received as a pledge or purchased by any dealer mentioned in this act between these hours. [Id., § 7.] 735h SEC. 18. [Violation of act-Penalty.] Every broker, agent or dealer mentioned in this act who shall violate or neglect or refuse to comply with any provision of this act shall for every such offense be subject to a penalty of not less than fifty dollars, nor more than one hundred dollars, one-half to be paid to the person causing the action to be brought, and one-half to the school district where the penalty is recovered, and in case any license has been granted to such broker, agent or dealer, such license may at the option of the mayor, be revoked. [Id., § 8.] 7351 SEC. 19. [Goods, when sold-Notice.] It shall be unlawful for any broker, agent or dealer mentioned in this act, to sell any goods so pawned to, or received by him, during the period of six months, from the date of the pawning or receiving of such goods; and after the expiration of four months as aforesaid he may sell any such article to the highest bidder therefor after first having posted a notice of said sale one week in a conspicuous place of business where such article was pawned or received, or in the place where such broker or dealer is then located because of having changed his place of business, giving in said notice an accurate description of the articles or goods to be sold, and the date and the hour that said sale is to begin, and also after having endeavored to notify the pawnor of such goods at least one week before the time set for such sale, that same would be sold. Said sale may be adjourned from day to day for want of sufficient bidders. Said sale shall vest the title to said property in the purchaser. [Id., § 9.] |