AERONAUTICS. 39
(e) A mortgage or contract of conditional sale, so providing, and re-
corded as provided herein, shall constitute a lien upon the mortgaged air-
ship or other aircraft in the amount of the outstanding mortgage indebted-
ness secured by such airship or other aircraft and shall outrank all other
liens except such mortgage contract of conditional sale or other lien exist-
ing at the time of approval of this Act and except such other mortgages or
contracts of conditional sale as have been previously recorded hereunder.
Upon default of any term or condition of the mortgage, such lien may be
enforced by the mortgagee by a suit in rem. Original jurisdiction of all
such suits is granted to the equity courts of this State, exclusively.
(f) In any suit in rem for the enforcement of the mortgage lien the
court may appoint a receiver and in its discretion authorize the receiver
to operate the mortgaged airship or other aircraft. The receiver may be
authorized or directed by the court to take possession of the mortgaged
airship or other aircraft notwithstanding the fact that the airship or other
aircraft is in the possession or under the control of any person claiming
a possessory common-law lien.
(g) Upon the sale of any mortgaged airship or other aircraft by order
of an equity court of this State in any suit in rem for the enforcement of
the mortgage lien, all pre-existing claims and/or liens to such airship or
other aircraft, including any possessory common law lien of which the
lienor is deprived under the provisions of sub-section (f) shall terminate
and shall forthwith attach, in like amount and in accordance with their
respective priorities, to the proceeds of the sale.
(h) For each sale, contract of conditional sale, conveyance, mortgage
or assignment of mortgage recorded hereunder, the State Aviation Com-
mission shall charge a recording fee of five dollars ($5. 00), payable at the
time of receipt for record. No paper (except certificates of discharge of
mortgage indebtedness) shall be received for record hereunder unless ac-
companied by such fee.
1931, ch. 403, sec. 2.
49. If any section or any portion of this sub-title shall be held to be
unconstitutional the validity of the remaining sections or portions thereof,
and the applicability of said section or portion to other facts or circum-
stances shall not be impaired.
1931, ch. 403, sec. 3.
50. This sub-title shall take effect June 1, 1931; provided, however,
that if the Congress of the United States shall pass any legislation con-
travening this sub-title, or any legislation similar thereto and covering the
same subject-matter, this sub-title shall become void and of no effect to
the extent of such contravention and/or similarity of subject-matter.
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