CHANCERY.] PUBLIC GENERAL LAW. 2533

county court, and when so filed, it shall be the duty of the said
clerk to record the same in a separate book to be kept for the pur-
pose, and to note on the margin of the record of such mortgage, the
page and book where any such certificate may have been recorded.

SEC. 16. And be it enacted. That no injunction shall be granted
to stay any such sale unless the party praying such injunction is a
party to the mortgage, or shall claim some interest in the mortgaged
premises by a title subsequent to the recording of said mortgage ;
nor unless upon an allegation that the said mortgage debt and inte-
rest has been paid or some part thereof, particularly specified,
which the person offering to sell shall have refused to allow, or of
some fraud specified in the bill praying an injunction as prac-
tised by the mortgagee or with his knowledge, in obtaining the
said deed of mortgage, and when any injunction shall be granted, it
shall be the duty of the court on proof of ten days notice to the
complainant, to hear, and as soon as may be decide on a motion for
a dissolution of the same.

[The insertion of this law here, is a departure from the plan pf the compila-
tion. Under this title of 'Mortgage/ all the regulations, whether 'Public' or
'Local,' may be found.]

	Page.
The affidavit required by the act of 1833, ch. 181, section 3, may be
made before any justice of the peace of this state, or before any
judge of any court of this state, or before any notary public or
judge of any court of record of any other state or of the United
Slates— 1839, ch. 58, .	2322
The mode of authenticating such official act — 1839, ch. 58, sec. 2, .	2322
The decree authorized by the second section of the act of 1833,
ch. 1801, may be passed as well after as before the period limited
for the payment of the debt — 1839, ch. 58, sec. 3, ...	2322
Mortgagee's interest to descend to his executor — 1839, ch. 233, sec. 1,	2331
Release may be given by the executor of mortgagee — 1839, ch. 233,
sec. 2. ...........	2331
No such release or conveyance however, to prejudice the assignee of
the debt secured by the mortgage — 1839, ch. 233, sec. 2,	2332
A release may be given by assignee of mortgagee — 1839, ch. 233,
sec. 3, ...........	2332
Release may be given by executor of assignee — 1839, ch. 233, sec. 4,	2332
Evidence of the debt to be annexed to the release — 1839, ch. 233,
sec. 5, ...........	2332
Assignment of mortgage not to award payment without notice — 1839,
ch. 233, sec. 6, ..........	2332
NON EST FACTUM.
Upon actions in bond against trustees appointed by the chancellor, or
county courts, for sale of real estates of minors, the plea of non est
factum not to be received unless verified by affidavit — 1816,
ch. 154, sec. 3, ..........	644
See . Non Est Factum, in the 'General Index.'