Abbildungen der Seite
PDF
EPUB

annulled. Until forfeiture by non-performance on the part of A. to comply with the conditions of the mortgage, his interest in it may be levied on and sold by creditors under an execution. Where no time is specified in the mortgage, seven days' notice of the sale is sufficient.

Bill of Sale and Chattel Mortgage.

KNOW all men by these presents, that I, A. B., of, &c., in consideration of one dollar to me paid by C. D., of, &c., the receipt whereof I hereby acknowledge, have, and by these presents do grant, bargain, sell, assign, transfer, and set over, unto the said C D. and his assigns, forever, the following goods, chattels, and prop erty, to wit: [specify the articles, or, "as in the schedule annexed and marked A." Whereas I, the said A. B., am justly indebted to the said C. D. in the sum of one hundred and fifty dollars, on account, for money had and received, and goods sold and delivered, Lor, on a promissory note, dated, &c., and due months from date,] to be paid to the said C. D., or his assigns, on the day of 18-, with the legal interest thereon from the day

of the date hereof. Now, the condition of the above bill of sale is such, that if the said A. B. shall well and truly pay to the said C. D., or to his agent, attorney, or assignee, the above-mentioned demand, [or, de mands,] at the time, and in the manner and form above expressed, and shall keep and perform the covenants and agreements above contained, on his part to be kept and performed, according to the true intent and meaning thereof, then the above bill of sale shall be void: Otherwise, on the neglect and failure of the said A. B. to pay the said demand, [or, demands,] or to keep and perform the said covenants and agreements as above expressed, then, and in that case, the said C. D. and his assigns are hereby authorized and empowered to sell the above described goods, chattels, and property, [or, the goods, &c., described in the schedule hereunto annexed, as aforesaid,] or any part thereof, at public or private sale, at his or their option, and to retain from the proceeds of such salo, in his or their hands, sufficient to pay and satisfy the whole amount of the above-mentioned demand, [or, demands,] with the legal interest thereon, which shall be due at the time of such sale, and all costs, charges, and expenses incurred by the said C. D., or his assigns, in consequence of the neglect and failure of the said A. B., as aforesaid; rendering the overplus, if any, to the said A. B., or to his heirs, executors, administrators, or assigns, on demand. [The said C. D. and his assigns are hereby authorized, for further security, to take the said goods, chattels, and property, into his or thoir possession, at any time he or they may think proper.]

day of

In witness whereof, I have hereunto set my hand and seal, this
in the year one thousand eight hundred and sixty.
Sealed and delivered
A. B. [SEAL]

in presence of

Common Chattel Mortgage.

THIS Indenture, made the day of, &c., between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, wit nesseth: That the said party of the first part, in consideration of the sum of dollars, to him duly paid, hath sold, and by these presents doth grant and convey, to the said party of the second part, and his assigns, the following described goods, chattels, and property, [here describe them, or refer to them thus, "as in the schedule annexed,"] now in my possession, at the of aforesaid; together with the appurtenances, and all the estate, title, and interest of the said party of the first part therein. This grant is intended as a security for the payment of one hundred and fifty dollars, with interest, on or before the expiration of one year from the date hereof; and the additional sum of one hundred and sixty dollars, with interest, on the day of - 18-: which payments, if duly made, will render this conveyance void.

In witness, &c., [as in Bill of Sale and Chattel Mortgage.]

CONDITIONAL CLAUSE AS TO POSSESSION.

PROVIDED, nevertheless, [or, And provided also,] that, until default by the party of the first part in the performance of the conditions aforesaid, it shall and may be lawful for him to keep possession of the property above mentioned and described, and to use and enjoy the same; but if the said party of the first part shall attempt to sell the same, or any part thereof, or to remove the same out of the county of, without notice to the said party of the second part, or his assigns, and without his, or their, assent to such sale or removal, to be expressed in writing, then it shall be lawful for the said party of the second part, or his assigns, to take immediate possession of the whole of said property, to his, or their

own use.

[ocr errors]

Chattel Mortgage to Secure a Debt. WHEREAS I, A. B., of the town of in the county of and State of —, am justly indebted unto C. D., of, &c., in the dollars, on account, to be paid on or before the next, with interest from this date: New, therefore, in consideration of such indebtedness, and in order to secure the pay.

Bum of

day of

ment of the same, as aforesaid, I do hereby sell, assign, transfor and set over, unto the said C. D., the property mentioned and de scribed in the schedule herein under written; Provided, however that if the said debt and interest be paid, as above specified, this sale and transfer shall be void; and this grant is also subject to the following conditions:

The property hereby sold and transferred is to remain in my possession until default be made in the payment of the debt and interest aforesaid, or some part thereof, unless I shall sell, or attempt to sell, assign, or dispose of, the said property, or any part thereof, or suffer the same unreasonably to depreciate in value in which case the said C. D. may take the said property, or any part thereof, into his own possession.

Upon taking said property, or any part thereof, into his possession, either in case of default, or as above provided, the said C. D. shall sell the same at public or private sale; and after satisfying the aforesaid debt and the interest thereon, and all necessary and reasonable costs, charges and expenses, incurred by him, out of the proceeds of such sale, he shall return the surplus to me or my representatives.

In witness, &c., [as in Bill of Sale and Chattel Mortgage.]

STATEMENT TO BE FILED WITH THE COPY, WITHIN THIRTY DA78 PRECEDING THE EXPIRATION OF THE YEAR.

[merged small][ocr errors]

I, C. D., the mortgagee, [or, E. F., the assignee of C. D., the mortgagee,] named in the within [or, annexed] instrument, do hereby certify, that the sum of ninety-seven dollars and ten cents is claimed by me to be due thereupon, at the date hereof; which sum constitutes the amount of my interest in the property therein mentioned and described. Dated the 18-.

the

[blocks in formation]

day of ―,
C. D., Mortgagee,
[or, M. L. Assignee.]

Notice of Sale on Chattel Mortgage.

day of

MORTGAGE SALE.

By virtue of a chattel mortgage executed by A. B. to C. D., dated -, 18, and filed in the office of the Register of the city of [or the County Clerk of the county of the Town Clerk of the town of , on the the year aforesaid, and upon which default has been made, I shall sell the property therein mentioned and described, viz.. [mention

day of

οι, in

204

the articles, at public auction, at the house of

for, town' of

aforesaid, on the

in the city

day of

instant,

, next,] at ten o'clock in the forenoon of that day. Dated at

the

day of

C. D., Mortgagee,
[or, M. L., Assignee.]

PATENTS.

THE American Patent Laws are of the most literal character, being especially designed to encourage the invention and public introduction of new and useful improvements of every kind. Under the fostering influence of these laws, the industrial resources of the nation have become most wonderfully developed; and there is scarcely a trade, art or profession, which is not, to a greater or less extent, directly dependent for its increased success upon the practical assistance of some patented process or article. The money value of patents has also greatly risen, so that, at the present time, the ownership of a patent for a first-rate improvement. is considered almost equivalent to the possession of an actual fortune. It is not, however, every improvement, nor every patent, which is valuable or egal; and much care ought therefore to be exercised, both by those who take out patents and those who purchase "rights" under them. They should see that all the fo mal ties of the law are properly complied with, and be careful that no imposition is practiced upon them.

Patents are granted for all new machines, for improvements upon old machines, for improvements upon devices already patented. for all new processes or improvements upon old processes, for new and better methods or ways of doing or accomplishing riven ends, for improved articles of manufacture, for new forms of useful articles, for all kinds of compositions or useful mixtures-in short, for every novel and useful invention, which results in economy or the saving of labor, or the benefit of the On applying for a patent, the applicant public in any manner. pays to the government $15. An examination is then made under the direction of the Commissioner of Patents, and if the invention is found to be new and useful the applicant is informed that a patent will be allowed, and he is required to pay an additional fee of $20, upon receipt of which, Letters Patent are formally issued. But if the examination shows that the invention is not new, or that it is wanting in utility, or that it has been patented in some other country, or has been described in some printed publication, then a patent is refused and the appli cation is rejected.

THE COMPLETE APPLICATION.

A complete application for a patent is made up of the following parts:-1. Petition; 2. Specification; 3. Oath of the inventor: 4. One drawing of the invention; 5. Model or specimens; 6. Payment of the first fee of fifteen dollars. The absence of any of these parts renders the application incomplete; and the Patent Office will neither issue a patent nor even examine the case until the defect is remedied. If the invention is of such a nature that it cannot be illustrated by a model, specimen, or drawing, then those parts may be omitted.

THE SPECIFICATION.

This document consists of a carefully-written description of the invention, fully and minutely describing the object, construction, operation and method of carrying the invention into practical The proportions or principles which the applicant claims as his own invention must be particularly specified. The value and extent of a patent often depends upon the skill and excellence with which the specification is prepared.

use.

THE DRAWINGS.

One drawing is required, which must correspond with the model, and be executed in a clear and artistic manner, on thick paper. The drawings are considered as forming a part of the specification; they should represent various parts and views of the invention, such as plan views, perspectives, side elevations. sections, etc.

THE MODEL.

The law requires that the inventor shall, in all cases, furnish a model, which must not exceed twelve inches in any of its dimensions. It should be neatly made, of hard wood or metal, or both, varnished or painted. The name of the inventor and his place of residence should be attached to it, or painted upon it conspicuously. Where the invention consists of an improvement on some known machine, fuil working model of the whole will not be necessary. It should be sufficiently perfect, however, to show. with clearness, the nature and operation of the invention.

When the invention consists of a new article of manufacture, or a new composition, samples of the separate ingredients sufficient for the purpose of experiment, and also of the manufactured article itself, must be furnished.

REJECTIONS AND APPEALS.

When the Examiner decides that the invention is not patent

« ZurückWeiter »