sioner, or before and by any mayor or other chief magistrate of § 173 any city, borough, or corporation in such state, territory or district, duly certified under the seal of such city, borough, or corporation, of which he was or is mayor or chief magistrate, such circuit or district judge, judge or justice of such supreme or superior court, or chancellor of such state, foreign commissioner of deeds, mayor or other chief magistrate then having been or being anywhere within the circuit, district, state, territory, district, city, borough, or corporation, for which he was or is appointed, or before and by any judge of any court of common pleas of such state, territory, or district, such judge then having been or being within the county or district in and for which he was or is such judge, duly certified that he was or is such judge under the great seal of such state or under the seal of the county court of the county or district in which it is made and in and for which he was or is such judge, or before and by any officer in any such state of the Union, territory thereof, or District of Columbia, then residing and being anywhere in such state, territory or district, authorized at the time of such proof or acknowledgment by the laws of such state, territory, or district, to take the proofs and acknowledgments of deeds or conveyances of lands, tenements, or hereditaments, lying and being in such state, territory, or district; provided, in such case, the certificate of acknowledgment or proof shall be accompanied by a certificate under the great seal of such state, territory, or district, or under the seal of some court of record of the county in which it was or shall be made, that the officer before whom such acknowledgment or proof was or shall be made was, at the time of the taking of said proof or acknowledgment, authorized by the laws of such state, territory, or district, to take the acknowledgments and proofs of deeds or conveyances for lands, tenements, or hereditaments in such state, territory, or district, shall be as good and effectual as if such acknowledgment or proof had been made within this state before the chancellor thereof and had been certified by him.

(§ 23.)

For form of certificate of county clerk or other officer authenticating notary's signature, see p. 23, ante.

173. Acknowledgments taken out of the United States.-If the party who shall have executed or who shall execute any such

§ 174 deed or instrument of the description or nature above set forth in the twenty-first section of this act, or the witnesses thereto, shall have happened or shall happen to be in any foreign kingdom, state, nation, or colony, whether such party or witnesses resided or reside in this state, or in such foreign kingdom, state, nation, or colony, or elsewhere, then such acknowledgment or proof as is above prescribed, made before and certified by any master in chancery of New Jersey, or any public ambassador, minister, consul, vice-consul, consular agent, chargé d'affaires or other representative of the United States for the time being, to or at any such foreign kingdom, state, nation, or colony, or before and by any court of law of such foreign kingdom, state, nation, or colony, or before and by any notary public, or mayor or other chief magistrate of and then having been, or being within, any city, borough, or corporation of such foreign kingdom, state, nation or colony, in which city, borough, or corporation such party or witnesses may have happened or may happen to be, certified in such cases by such court of law, notary public, mayor or chief magistrate in the manner in which such acts are usually authenticated by them, shall be as good and effectual as if such acknowledgment or proof had been made within this state before the chancellor thereof and had been certified by him.

174. Certain words explained.-Every section of this act referring expressly or impliedly to the "clerks of the courts of common pleas" shall be understood, read, and construed to refer as well to "registers of deeds and mortgages" in counties in which there are or shall be such officers,* as fully to all intents and purposes as if "registers of deeds and mortgages' had been expressly named therein, instead of "clerks of the courts of common pleas," "clerks" or "county clerks."

($ 94.)

*Essex, Hudson and Camden; see G. S., pp. 2733-4.

REGISTRATION AND RECORDING OF
MORTGAGES.

180.** Mortgages to be registered.-That the clerk of the court of common pleast of every county of this state shall, from time to time, provide fit books, well bound and lettered, for registering all mortgages and defeasible deeds in the nature of mortgages, of lands, tenements and hereditaments, lying and being within his county, in which shall be entered the names of the mortgagor and mortgagee, the date of the mortgage, the mortgage money and when payable, and the descriptions and boundaries of the lands, tenements and hereditaments mortgaged; that the said clerk shall, immediately on receiving the said mortgage, make the said entry or abstract in the register, and shall note in the margin, or at the foot of such abstract, the day of the month and the year, when the said mortgage was delivered to him or brought to his office to be recorded; to which books every person shall have access at proper seasons, and may search the same, paying the fees allowed by law.

("An act concerning mortgages "; G. S., p. 2105, § 17.)

181. May be recorded in full at request of mortgagee.That it shall and may be lawful to record in full, in the books provided for the registry of mortgages, all mortgages authorized to be registered by this act, upon the request of the mortgagee, and upon his paying therefor the same fees as are allowed by law for recording deeds; and when any mortgage is so recorded in full, the record of such mortgage, and a transcript of such record, duly certified by the clerk in whose office the record is kept, shall be received in evidence in any court of this state, in the same manner, and to the same effect, as the record, or a transcript of the record of deeds is now received. (Id., § 18.)

* Arbitrary section number, see tootnote, p. 118.

As to registering of mortgages in Essex, Hudson and Camden counties, see G. S., pp. 2733-4.

§ 182-5

182. Mortgages must be acknowledged or proved.—That no mortgage, defeasible deed or other conveyance in nature of a mortgage, which has been made and not already acknowledged or proved according to law, or which shall be made, shall be entered in such register, unless the execution thereof shall be first acknowledged or proved and certified in the manner prescribed by the act entitled "An act respecting conveyances." (Id., § 20.)

183. Operation of unregistered mortgage.-That every deed of mortgage, or conveyance in nature of a mortgage, of or for any lands, tenements or hereditaments, which shall have been made and executed after the first day of January, in the year of our Lord one thousand eight hundred and twenty-one, or shall hereafter be made and executed, shall be void and of no effect against a subsequent judgment creditor, or bona fide purchaser, or mortgagee for a valuable consideration, not having notice. thereof, unless such mortgage shall be acknowledged or proved according to law, and recorded or lodged for that purpose with the clerk of the Court of Common Pleas of the county in which such lands, tenements or hereditaments are situated, at or before the time of entering such judgment, or of recording or lodging with the clerk as aforesaid, the said mortgage or conveyance to such subsequent purchaser or mortgagee; provided, nevertheless, that such mortgage, as between the parties and their heirs, be valid and operative.

(Id., § 22.)

184. Owners of lands in certain counties and cities may agree not to apply for tax reduction by reason of mortgage.-That hereafter it shall be lawful for the owners of lands situated in the counties of Hudson, Essex, Union, Bergen and Passaic, and in the cities of Trenton, New Brunswick and Camden, to agree for themselves and their heirs and assigns with the holder of any mortgage now in existence, or hereafter to be made, which binds or may bind lands in said counties or cities, not to apply for any deduction, by reason of any mortgage, from the taxable value of such lands embraced in such mortgage.

(I of supplement of April 17, 1876; G. S., p. 2109.)

185. Effect of violation of such agreement.-That in case

any mortgagor or owner of lands, or the heirs or assigns of any § 186-7 mortgagor or owner of land situate in said counties and cities mentioned in section one, who shall have agreed not to claim any deduction from the taxable value of lands described in any mortgage, shall claim a deduction therefrom in violation of such agreement, that then and in that case said mortgage in said agreement described shall become immediately due and payable, and the amount of tax paid by the mortgagee shall be added to the principal of the debt secured thereby and recoverable therewith with interest thereon from the time of payment. (§ 2, Id.)

186. Chattel mortgages; void unless affidavit of mortgagee attached and recorded.-That every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against the subsequent purchasers and mortgagees in good faith, unless the mortgage, having annexed thereto an affidavit or affirmation made and subscribed by the holder or holders of said mortgage, his, her or their agent or attorney, stating the consideration of said mortgage and as nearly as possible the amount due and to grow due thereon, be recorded as directed in the succeeding section of this act; provided, that nothing contained in this act shall be taken, construed or held to apply to any mortgage of personal property included in a mortgage of franchises and real estate heretofore or hereafter made by any railroad company, and which hath been or shall be recorded or registered as a mortgage of real estate in every county in which such railroad or any part of it is or shall be located, and it shall not be necessary to record as a chattel mortgage any such mortgage as is in this proviso described.

("An act to revise and consolidate certain acts concerning chattel mortgages and to repeal the supplement on this subject, approved March twenty-fourth, one thousand eight hundred and eighty-two." G. S., 2113, § 4.)

187.

p.

Chattel mortgages; how recorded.-That the instruments mentioned in the preceding section and not excepted in