514 CONVEYANCING. [ART. 21

its character, after the recording of the same, the clerk may
permit the mortgage to be withdrawn.

1888, art. 21, sec. 38. 1860, art. 24, sec. 37. 1856, ch. 154, sec. 122.

38. Every release executed in either of the above modes
shall be construed and deemed sufficient to release said mort-
gage, as fully and effectually as any instrument of writing
whatever could do.

Ibid. sec. 39. 1860, art. 24, sec. 38. 1833, ch. 181. 1839, ch. 26.

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

1890, ch.14. 1890, ch, 373, sec. 39 A.

40. Whenever any assignment or release of a mortgage, or
any release or assignment of an interest in any deed of trust is
made by a separate deed, or in any other mode than that pre-
scribed in sections 32, 34, 35 and 36 of this article, and
whenever any proceeding to foreclose a mortgage is had, or a
sale under any deed of trust is made, it shall be the duty of
the clerks of the circuit courts of the counties to enter in the
margin of the record of the original paper a memorandum of
the place where such deed of assignment or release, or pro-
ceeding of foreclosure, or report of sale, as the case may be,
is recorded; and the clerk making such entry shall charge
therefor the sum of twenty-five cents, to be taxed as part of the
fee for recording such assignment or release, or as part of the
costs of the case where there has been a foreclosure of mort-
gage or sale under a deed of trust. This section shall not
apply to Baltimore city.

Bills of Sale.

Ibid. sec. 40. 1860, art. 24, sec. 39. 1729, ch. 8, secs. 5, 6
1856, ch, 154, sec. 123.

41. No personal property, of any description whatever,
whereof the vendor, mortgagor or donor shall remain in posses-
sion, shall pass, alter or change, or any property therein 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