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Session Laws, 1945
Volume 589, Page 1791   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1791

Amendments may be filed from time to time to record any
changes in the agreement or recorded memorandum. Such lien
shall be valid from the time of such recording, whether such
merchandise shall be in existence at the time of the execution
of the written agreement creating the lien or shall come into
existence subsequently thereto, or shall subsequently thereto
be acquired by the borrower. The Clerks of the said Courts
shall accept for recording every such agreement or memo-
randum presented for that purpose and shall endorse thereon
the time of its receipt; such agreement or memorandum shall
be recorded in a special book for that purpose entitled
"Factors' Liens. " Such Clerks, at the time of such record-
ing, shall, upon request, issue to the person filing the same
a receipt in writing, containing the substance of the entries
made or to be made as hereinbefore provided. The Clerk of
the Court in whose office said memorandum is filed shall be
entitled to receive for recording the same the sum of One
Dollar and Fifty Cents ($1. 50); if said agreement is re-
corded in full, the fee for such recording shall be such sum as
now is or may hereafter be prescribed for recording instru-
ments of like character.

24. Such agreement or memorandum, if recorded within the
period specified in the preceding section, shall be effective from
the time of the recording thereof as against all claims of
creditors of the borrower without prior liens on the merchan-
dise, except that if, pursuant to the laws of this State, a lien
should subsequently attach to the merchandise in favor of a
processor upon the merchandise (other than the borrower),
a dyer, mechanic, or other artisan, or in favor of a land-
lord, then the lien of the factor on such merchandise
shall be subject to such subsequent lien; whenever expressly
provided by the written agreement between the factor and
the borrower required in Section 22 hereof and whenever
so stated in the memorandum referred to in Section 23
hereof, merchandise subject to the lien provided for by this
Act may be sold in the ordinary course of business of the bor-
rower, in which event such lien, whether or not the purchaser
has knowledge of the existence thereof, shall terminate as to
the merchandise and shall attach to the proceeds resulting
from such sale.

25. Upon the payment or satisfaction of the indebtedness
secured by any lien specified in this Act, the factor or his legal
representative, upon the request of any person interested in
the said merchandise, must sign and acknowledge a certificate
setting forth such payment or satisfaction. The Clerk or
Clerks with whom the agreement or memorandum is recorded

 

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Session Laws, 1945
Volume 589, Page 1791   View pdf image (33K)
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