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[Section 3 of the act of 1833 was amended by L. 1873, ch. 501, which contained but one
section. The act of 1879 purports to amend § 3 of the act of 1873, so as to read as
above.) A copy to be received in evidence. § 4. A copy of any such original instrument, or of any copy thereof, so filed as aforesaid, including any statement made in pursuance of this act, certified by the clerk or register in whose office the same shall be filed, shall be received in evidence, but only of the fact that such instrument or copy, and statement, was received and filed according to the endorsement of the clerk or register thereon, and of no other fact; and in all cases the original endorsement by the clerk or register, made in pursuance of this act upon such instrument or copy, shall be received in evidence only of the facts stated in such endorsement. 16 Barb., 64 ; 39 How. Pr. R., 504; 42 Hun, 297.
Mortgages to be numbered. $ 5. The register of the city and county of New York, and the clerk of the city and county of Albany, shall respectively number every such instrument or copy which shall be filed in their offices, and shall enter in books to be provided by them, alphabetically, the names of all the parties to such instrument, with the number endorsed thereon opposite to each name; which entry shall be repeated alphabetically under the name of every party thereto.
Fees. 6. For services unaer this act, the clerks and registers shall be entitled to receive the following fees: For filing each instrument or copy, six cents; for entering the same in a book as aforesaid, in the said cities of Albany and New York, six cents for every party to such instrument; for searching for each paper six cents; and the like fees for certified copies of such instruments or copies, as are allowed by law to clerks of counties for copies and certificates of records kept by them.
L. 1849, ch. 69-An act requiring chattel mortgages to be registered.
Mortgages to be registered. SECTION 1. It shall be the duty of the clerks of the several towns and counties in this state, in whose offices chattel mortgages are by law required to be filed, to provide proper books, at the expense of their respective towns in which the names of all parties to every mortgage, or instrument intended to operate as a mortgage of goods and chattels, hereafter filed by them or either of them, shall be entered in alphabetical order, under the head of mortgagors and mortgagees, in each of such books respectively. 18 Barb., 202.
To be numbered. 82. It shall be the duty of the said several clerks to number every such mortgage or copy so filed in said office, by endorsing the number on the back thereof, and to enter such number in a separate column in the books in which such mortgages shall be entered, opposite to the name of every party thereto, also the date, the amount secured thereby, when due, and the date of the filing of every such mortgage. 18 Barb., 202.
Fees. § 3. The said several clerks for services under this act, shall be entitled to receive therefor the following fees: for filing every such mortgage or copy, six cents; for entering the same in books as aforesaid, six cents.
L, 1858, Chap, 247-An act to provide for the registry of liens and incum
brances upon boats and crafts navigating the canals of this state. Liens to be registered in office of auditor.* SECTION 1. Any person having any lien or incumbrance on any canal boat, steam tug, scow or other craft navigating the canals of this state, by a chattel mortgage duly filed, may make a statement in
See L. 1883, ch. 69, abolishing the office of auditor, ante, p. 510.
writing setting forth the nature of his claim, the time when the same arose, the manner in which it originated, and the amount of such lien or incumbrance; and may annex thereto an affidavit made by himself or his agent or attorney, that the said statement is correct, and the claim just and true, and file the same in the office of the auditor. 2 Hun, 449.
Auditor's duty. 82. It shall be the duty of the said auditor, on the receipt of the said statement, to file the same in his office, and to enter the substance in a book to be provided for that purpose, and the amount, if any, claimed to be due, which book shall always during office hours be open for the inspection of all persons desiring to examine the same.
Preference of liens. 83. All claims and liens by chattel mortgage, a statement of which shall be filed as herein provided, shall from the time of such filing have preference and priority over all other claims and liens, in the same manner and to the like extent of claims and liens arising on chattel mortgages filed and entered in towns where the mortgagor resides, but shall not have any priority over existing liens and claims. 35 Barb., 337.
Fees for filing. § 4. The auditor shall charge for filing the said statement and making the entry thereof as herein provided, the sum of fifty cents, and he shall not be obliged to file or enter the same until such sum is paid.
Statement evidence. $ 5. Any statement made and filed as herein provided, and copies thereof duly certified by the auditor in the manner required by law, may be read and used as evidence in all courts of justice.
L. 1864, Chap. 412-An act to amend an act entited "An act to provide for the registry of liens and incumbrances upon boats navigating the canals in this state," passed April fifteenth, eighteen hundred and fifty-eight.
Mortgages to be filed in canal department.* SECTION 1. Hereafter any person having any lien or incumbrance on any canal boat, steam tug, scow, or other craft navigating the canals of this state, by a chattel mortgage, shall file the same, or a true copy thereof, in the office of the auditor of the canal department.
Mortgages not filed become void. & 2. Hereafter every mortgage or conveyance intended to operate as a mortgage of any canal boat, steam tug, scow or other craft navigating the canals of this state, together with the appurtenances belonging thereto and used in navigating such craft, hereafter made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the property mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the previous section of this act. 34 Hun, 167; rev'd 107 N. Y., 83.
Annual filing. 3. Every mortgage filed in pursuance of this act shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or morgagees in good faith, after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed as directed in the first section of this act.
Auditor shall record mortgages. § 4. It shall be the duty of the said auditor on the receipt of the mortgage, or copy thereof, to cause every such instrument to
* See L. 1883, ch. 69, abolishing the office of auditor, ante, p. 510.
be respectively numbered, the time of receiving the same to be endorsed thereon, and the substance thereof to be entered in a book provided for that purpose, entering alphabetically the names of all the parties to such instrument, with the number endorsed thereon opposite to each name; which entry shall be repeated in the index alphabetically under the name of every party thereto, also indexing the name of each boat mortgaged, with the number of the mortgage opposite to each; which book of mortgages and index shall always, during office hours, be open for the inspection of all persons desiring to examine the same.
When preferred liens. $ 5. All claims and liens by chattel mortgage which shall be filed as herein provided, shall, from the time of such filing, have preference and priority over all other claims and liens, but shall not have any priority over existing claims and liens.
Certified copies, evidence. 8 6. A copy of any such original instrument, or of any copy thereof, so filed as aforesaid, including any statement made in pursuance of this act, certified by the auditor or his deputy, may be read and used as evidence in all courts of justice, but only of the fact that such instrument or copy and statement was received and filed according to the endorsement of the register thereon, and of no other fact; and in all cases the original endorsement by the clerk, or register made in pursuance of this act, upon such instrument and copy, shall be received in evidence of the facts stated in such endorsement.
Fees of auditor. 87. The auditor aforesaid shall designate a clerk, who shall act as register, and the auditor shall be entitled to receive the following fees for services under this act, for the use of the state; for filing each instrument or copy and entering the same in a book as aforesaid, twenty-five cents; for searching for each paper, twenty cents; and the like fees for certified copies of such instruments or copies, as are allowed under existing laws to be charged by the auditor for copies and certificates of record kept in the canal department; and the said auditor shall not be obliged to file or enter, or cause to be filed or entered, any mortgage or copy thereof, until the fee provided under this section is paid.
Change of names of boats and hailing places. S 8. The auditor aforesaid shall not grant permission to change the name or hailing place of any canal-boat, steam-tug, scow or other craft navigating the canals of this state, upon which there is an existing lien or mortgage filed in the canal department, unless it shall be necessary to make the name or hailing place conform to the United States custom-house regulations, by reason of a change of name on the canal, after having been registered at the custom-house; and any boat, steam-tug, scow, or other craft found navigating the canals of this state, the registered name or hailing place of which shall have been changed without the written permission of the auditor of the canal department, shall, upon due proof thereof, pay a fine not less than fifty nor more than three hundred dollars.
L. 1879, Chap. 171-An act to provide for discharging chattel mortgages.
How discharged of record. SECTION 1. Whenever any mortgagor, or any person obtaining title to mortgaged property, shall present to any recorder, county or town clerk, in whose office a chattel mortgage executed by said mortgagor on such property may be filed, a certificate from the mortgagee therein named, or the holder or owner thereof, that such mortgage is paid or satisfied, it shall be the duty of such recorder or either of the clerks above mentioned, to file such certificate in his office and discharge such mortgage, by writing in the book kept by such recorder or either of such clerks, and opposite the entry therein of such mortgage, the word “discharged" with the date thereof.
L. 1887, Chap. 528–An act in relation to the registry of boats navigating
the canals of this state. Comptroller's duties transferred to superintendent of public works. SECTION 1. All the powers and duties of the comptroller in relation to the registry of boats navigating the canals of this state, and to the changing of the registered names of such boats, are hereby transferred to and made incumbent upon the superintendent of public works.
Of the Interest of Money.
2. Prohibition against taking greater interest.
10. Interest to be calculated by the year, when no time for that purpose is stated. Six per SECTION 1. The rate of interest upon the loan or forbearance of cent to be rate of in any money, goods, or things in action shall be six dollars upon one terest.
hundred dollars, for one year, and after that rate, for a greater or less sum, or for a longer or shorter time. But nothing herein contained shall be so construed as to in any way affect any contract or obligation made before the passage of this act. [Thus amended by L. 1879, ch. 538.]
12 N. Y., 223 ; 8 N. Y., 148 ; 3 N. Y., 502 ; 32 Barb., 559 ; 31 Barb , 255 ; 22 Barb.,
118; '17 Barb., 454 ; 16 Barb., 531 ; 13 Barb., 343 ; 11 Barb., 80; 4 Hilí, 224; Hill & Denio, 65; 9 Abb., 124 ; 1 Duer, 369; 1 Wend., 555; 22 How. Pr. R., 5; 20 How. Pr. R., 519 ; 16 How. Pr. R., 508 ; 15 How. Pr. R., 29; 7 Johns. Ch. R., 69; 6 Johns. Ch. R., 95, 313; 5 Johns. Ch. Ř., 134; 3 Johns. Ch. R., 395; 2 Johns. Ch. R., 182 ; 1 Johns. Ch. R., 537; 40 Barb., 155; 51 N. Y., 48; 16 Hun, 359; 5 Daly, 361 ; 14' w. D., 92 ; 16 W. Di, 21, 33, 231, 362'; 22 W. D., 195; 21 J. & 3, 43; 25 Hun, 129; 30 Hun, 201 ; 31 Han, 558; 41 Hun, 47 ; 81 N. Y., 298 ; 87 N. Y., 50, 130 ; 89 N. Y., 412; 90 N. Y., 303, 549, 644 ; 91 N. Y., 43, 199, 324 ; 92 N. Y., 34; 93 N. Y 656 ; 94 N. Y., 354, 641 95 Ý., 428 ; 34 Hun, 192 ; 54 N. Y., 471; 86 Ý. Y., 401
26 Hun, 104, 546 ; 105 N. Y., 670. (1 R. L., 64, §§ 1 and 2.) 1772) Greater in
§ 2. No person or corporation shall, directly or indirectly, take or totest pro receive in money, goods or things in action, or in any other way, hibited
any greater sum or greater value, for the loan or forbearance of any money, goods or things in action, than is above described.
21 N. Y., 219, 531 ; 14 N. Y. 94 ; 12 N. Y., 229 ; 9 N, Y., 243; 7A Y., 328, 867 ; 5 N. Y,
186, 317; 3 N. Y., 355 ; 13 Barb , 343 ; 5 Barb., 42 , 2 Barb , 56 ; i Barb., 434, 632; 4 Hill, 211, 224; 1 Denio, 133 ; 3 Wend., 62; 2 Edw., 272 ; 35 N. Y., 494 ; 51 N Y., 43 ; 33 N. Y., 61, 83 ; 33 N. Y., 614; 32 N. Y., 165 ; 58 N. Y., 308 ; 50 N. Y., 437; 68 N. Y, 659 ; 55 N. Y, 621 : 4 T, & C., 424 ; 5 Dalv, 304 ; 65 Bail., 30 ; 3 T. & C., 511 ; $ Dals, 497 ; 54'N. Y., 630, 647; 6 Hún, 46 ; 12 Hr.1, 598 ; 55 How! Pr. R., 19; id., 393; 63 N. Y., 619; 69 N. Y., 248 ; 65 N. Y., 522 ; 16 Hun, 307 ; 52 How. Pr. r., 387 ; 66 N. Y., 214 , 62 N. Y., 344 ; 14 Hun, 537 ; 53 How. Pr. R., 319; 5 Abb. N. C.,
15 Hun, 51 ; 6 Hun, 283 ; 74 N. Y., 607; 66 N Y., 446 ; id., 554 ; 12 Hun. 574; 70 N. Y., 239; 68 N. Y., 396 ; 74 N. Y .516 ; id., 329; 79 N. Y., 224 ; 8 Abb. N. C., 390 ; 77 N: Y., 615; 20 Hun, 153 ; 22 Hun, 18 ; id., 164 ; 80 N. Y., 198 ; 81 N. Y., 15;
id., 352 ; id., 363 ; id., 567 ; 89 N. Y., 270.
[The same ] Excess paid may
§ 3. Every person who, for any such loan or forbearance, shall he recov. pay or deliver any greater sum or value than is above allowed to be ered back
received, and his personal representatives, may recover in an action year.
against the person who shall have taken or received the same, and
overseers of the poor, &c.
his personal representatives, the amount of the money so paid or value delivered, above the rate aforesaid, if such action be brought within one year after such payment or delivery.
50 N. Y., 49; 51 N. Y., 48; 1 Bosw., 163 ; 7 Bosw., 168, 567 ; 46 Barb., 22; 3 Hun, 347;
23 N. Y., 276; IN. Y., 286 ; 11 Barb., 88; 10 Barb., 580 ; 5 Barb., 133 ; Cl. Ch., 16,
143 ; 46 Barb., 21 ; 41 Barb., 564 ; 25 Hów. Pr. R., 326. [The same.]
§ 4. If such suit be not brought within the said one year, and when to prosecuted with effect, then the said sum may be sued for and ered by recovered with costs, at any time within three years after the said one year, by any overseer of the poor of the town where such pay- Diar: 8. ment may have been made, or by any county superintendent of the 49; 50 N 'Y.,
49; 1 poor of the county, in which the payment may have been made. Bosw., 163.
§ 5. All bonds, bills, notes, assurances, conveyances, all other con- Contracts tracts or securities whatsoever (except bottomry and respondentia Sums vold! bonds and contracts), and all deposits of goods or other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured or agreed to be reserved or taken, any greater sum, or greater value, for the loan or forbearance of any money, goods or other things in action, than is above 'prescribed, shall be void; but this act shall not affect such paper as has been made and transferred previous to the time it shall take effect. [Thus amended by L. 1837, ch. 430.]
51 N. Y., 48; 43 N. Y., 197; 20 Barb., 687; 10 Paige, 76, 580; 9 Paige, 197, 226; 1 Sandf:
296; 14 N. Y., 93; 12 N. Y., 223, 495; 9
62 How. Pr. R.,
84' N. Y., 627; 85 N. Y., 450; '87 N. Y., 50; -88 N. Y., 211; 91 N. Y., 525; 94 N. Y., 129, 221;
95 N. Y., 310; 13 Daly, 334; 106'N. Y., 70. $ 6. Every person offending against the provisions of this title, Offenders shall be compelled to answer on oath any bill that may be exhibited compelled against him in the court of chancery, for the discovery of any sum
28 Hun, 7. of money, goods or things in action so taken, accepted or received, in violation of the foregoing provisions, or either of them. (1 R, L., 64, 94.]
$7. Every person who shall discover and repay or return the Discovery, money, goods, or other things so taken, accepted or received, or the futurinter bar value thereof, shall be acquitted and discharged from any other or penalty. further forfeiture, penalty or punishment, which he may have incurred, by taking or receiving the money, goods or other thing so discovered and repaid, or returned, as aforesaid.
$ 8. Whenever any borrower of any money, goods or things in Birre war action, shall file a bill in chancery for a discovery of the money, intereseaza goods or things in action, taken or received, in violation of either of sums
loaned. the foregoing provisions, it shall not be necessary for him to pay, or 1773) offer to pay, any interest whatever on the sum or thing loaned; nor principal shall any court of equity require or compel the payment or deposit, ko Barber of the principal sum, or any part thereof, as a condition of granting 6277 Hill,