ART. 44. ] ALIENATION BY DEED.

the said court, that the said justice at the time of said acknowledg-
ment was duly commissioned and sworn.

389

MORTGAGES.

34. Deeds of mortgage conveying any use, estate, or interest in
land shall be executed, acknowledged, and recorded as absolute
deeds of the same.

Art 24 s 28
1856 c 154, 6 111.
How to be exe-
cuted, acknowl-
edged, and
recorded
29 Md 179 33
Md 235, 41 Md
514

35. No mortgage shall be valid except as between the parties
thereto, unless there he indorsed thereon an oath or affirmation of
the mortgagee that the consideration in said mortgage is true and
bona fide as therein set forth; this affidavit may be made at any time
before the mortgage is recorded, before any one authorized to take
the acknowledgment of a mortgage, and the affidavit shall be re-
corded with the mortgage.

Id a 29
1856, c 154, s 112.
Affidavit to
consideration
13 Md 392, 16
Md 200, 27 Md
52. 200, 242, 257;
29 Md 54, 211;
40 Md 96 137;
41 Md 425, 432;
45 Md 260.

36. The affidavit required by the preceding section may be made
by one of several mortgagees, and shall have the same effect as if
made by all, or the said affidavit may be made by any agent of a
mortgagee, and when made by an agent he shall, in addition to the
affidavit above mentioned, make affidavit to be indorsed upon the
mortgage that he is agent of the mortgagee or mortgagees, or some
one of them, which affidavit shall be sufficient proof of such agency,
and the president or other officer of a corporation, or the executor
of the mortgagee, may make such affidavit.

Id a 30
1856, c 113
By and before
whom affidavit
to be made.

37. An assignment of a mortgage ma3' be made in the following
form or to the like effect:

"I hereby assign the within mortgage to the assignee.
" Witness my hand and seal this ———— day of ————.
[SEAL. ]"

1868, c 373
Assignment of
mortgage
26 Md 179, 29
Md 50, 30 Md
367, 39 Md 401.

And such assignment shall be recorded on the record in the office
of the clerk of the court where the original mortgage is recorded,
and at or near the foot of the said mortgage, in a blank to be left
by the clerk, who shall record such mortgage.

To be recorded
at foot of mort-
gage

38. Every assignment made in the above form, or the same in
substance, indorsed upon the original mortgage, shall be construed
and deemed sufficient to convey to the assignee every right which
the assignor possessed under said mortgage at the time of the as-
signment thereof, in as full and ample a manner as any instrument
of writing whatever could do.

Art 24, s 32
1856 c 154, t 117.
Effect of such
assignment
29 Md 50, 595.

30. A release of a mortgage may be made in the following form,
or to the like effect:

" I hereby release the above (or within) mortgage.
" Witness my hand and seal this ———— day of ————.

[SEAL ]"

Id. s 33
1856, c 154, s 118
Release of
mortgage
29 Md 173;
34 Md 413

40. Such release may be written by the mortgagee, or his as-
signee, upon the record in the office where the mortgage is recorded,

Id s 34
1856, c 154, s 119
May be entered