390

ALIENATION BY DEED. [ART. 44.

at foot of re-
corded mort-
gage
34 Md. 413

and attested by the clerk of the court; and the clerk, at the time of
recording every mortgage, shall leave a blank space at the foot
thereof for the purpose of entering such release

Id s 35
1856, c 154, s 120
Where release
indorsed on
original mort-
gage
34 Md 413

4 7. Or, such a release may be indorsed on the original mortgage
by the mortgagee or his assignee; and upon such mortgage, with
the release thereon indorsed, being filed in the office in which the
mortgage is recorded, the clerk shall record such release at the foot
of the mortgage

Id s 36
1856, c 154, s 121
Where mort-
gage, with
release thereon,
filed clerk to
retain
Id s 37
1858, c 154, 8 122
Effect of release

42. When the mortgage with the release thereon is filed for the
purpose of recording the release, the clerk shall retain such mort-
gage in his office and not permit the same to be again withdrawn.
43. Every release executed in either of the above modes shall be
construed and deemed sufficient to release said mortgage, as fully
and effectually as any instrument of writing whatever could do.

Id s 38.
18. 13, c 181, 1839,
c 26
Release by
executor or
assignee.

44. A release or assignment may be made by an executor or as-
signee in the same manner and form and with like effect as by the
mortgagee; this to apply to every assignee, whether he claims by
direct assignment from the mortgagee or his executor, or under a
series of assignments.

BILLS OF SALE AND MORTGAGES OF CHATTELS PERSONAL.

Id s 39
1729, c 8, 88 5. 6,
1856, c 154, s 123
When necessary
to pass property
14 Md 107, 28
Md 332, 33 Md
598, 45 Md 582,
2 H & G 415

45. No personal property of any description whatever, whereof
the vendor, mortgagor, or donor, shall remain in possession, shall
pass, alter, or change, or any property thereof be transferred to any
purchaser, mortgagee, or donee, unless by bill of sale or mortgage
acknowledged and recorded as herein provided, but nothing herein
shall be construed to extend to any sale or gift, where the same is
accompanied by delivery, nor to invalidate such transfer as between
the parties thereto

Id s 41
1856, c 154, ss
124, 123
What to con-
tain

46. Any bill of sale of personal property shall be sufficient in.
form if it contain the names of the parties, the consideration, a de-
scription of the property convened, and be signed and sealed by the
vendor, and dated.

1878, c 139
Before whom
acknowledged
within State
13 Md 392, 12
Md 76

47. A bill of sale, if acknowledged within this State, may be
acknowledged before any one justice of the peace for the county
or city in which the vendor happens to be at the time of the acknowl-
edgment, or before any justice of the peace or judge of the Orphans'
Court of the county or city in which the vendor resides. And if
acknowledged before a justice of the peace out of the county or city
in which the vendor resides, the official character of said justice
shall be certified by the clerk of the Circuit Court of the county in
which said acknowledgment is made, or by the clerk of the Superior

Id s 43.
1856, c 154, s 130
Before whom
out of State.
13 Md 538.

Court of Baltimore City, if acknowledged in said city.
if 8. If acknowledged out of the State, before any officer author-
ized to take acknowledgments of deeds.

Id. s 46
1729, c 8, s 5
1856, c 154, s 131.
When and where

49. Bills of sale shall be recorded in the county or city where
the seller or donor resides, within twenty days from the date thereof.

to be recorded. 2 Md Chan 270, 45 Md 682.