INDEX TO THE PUBLIC LAWS.

Chap.

Sec.

MORTGAGES

— The affidavit required by the 3d section

of the act of 1833, ch. 181, to be made by

the mortgagees, &c. to statement of the

mortgage claim, to be made hereafter before

any justice of the peace or judge of any

court of this State, or before any notary or
judge of any court of record of any other

State or of the United States,

9

1

Affidavit when made before a notary pub-

lic, to be authenticated by his notarial seal;

when before a judge of any court of record,

to be certified by the clerk of said court un-

der seal of court; if before a justice of the

peace of any county, than the one in which

the proceedings take place, the clerk of the

county court to certify under seal of court

that the justice at the time of said affidavit,

was a justice duly commissioned, &c.

"

2

That the decree authorised by 2d sect.

of act of 1833, ch. 181, may be passed as

well before as after the period limited in the

mortgage for the payment of the debt or

foreclosure, &c.

"

3

Upon the death of mortgagee of land his

interest, &c. in the mortgaged premises, &c.

shall devolve on his executor, &c.

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1

Release, &c. of mortgaged real estate

made by executor, &c. and executed in the

form prescribed, &c. to have the same effect

as if made by mortgagee in his life time; no

such release, &c. to prejudice the right of

any assignee of the debt secured by said

mortgagee, who shall claim the same, &c.

signed by mortgagee in his life time, and

have possession of the bond, &c. unless

such assignee be a party to said release, &c.

"

2

Release by assignee to have like effect
and operation, &c. if at the. time of making

such release there be an executor, &c. in

being, such executor, &c. shall be a party

thereto,

"

3

Executor, &c. claiming under an assign-

ment in writing, signed by assignee, &c.

have full power to make any release, &c. as

could have been exercised by original as-

signee,

"

4