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Chattel Mortgages

A mortgage of goods and chattels, in order to hold, must comply with the following conditions:- First-the immediate delivery, of the property accompanying the mortgage, followed by actual and continual claim of possession. Secondly-The filing of the mortgage, or a true copy thereof, as required by law, in the County Clerk's or Register's office of the town, city, or county where the mortgagor resides, and where the property lies at the time the instrument was executed. It is necessary that the mortgage be filed in the place where the mortgagee resides, if he is a resident of the State; if not it must be filed in the city or town where the pro-- perty is located at the time when the execution of the mortgage is made. In New York, it must be filed in the Register's office.

ARREST.

When it is a question of recovering damages, the defendant in an action may be arrested for the following causes :-

First-personal injury; secondly, injury to property, including wrongful taking, detention, or concession of the same ; thirdly, breach of promise to marry; fourthly, fraud or deceit; fifthly, misconduct, or neglect in office, or in the performance of duty, while engaged in professional employment; sixthly, in any action for the recovery of chattels, where said chattels or a part thereof have been removed, concealed or disposed of, so that it cannot be found, or be seized by the sheriff; or with the attempt of depriving the plaintiff of its benefit; seventhly, in any action, upon con-- tract, either expressed or implied, other than a promise to marry, where the defendant: has, since the time the contract was made, or since the same was contemplated, removed or disposed of his property with the intention of defrauding his creditors; or in case he is about to move or to dispose of his property with the same intent; eighthly, in case of an action for the recovery of money received, or property, or dam-- ages for the conversion, or the misapplication of the same, where the money was received, or the property was embezzled, or fraudulently misapplied by a public official, an attorney, solicitor, or councellor, or by an officer or agent of a corporation or banking association, in the course of his employment, or by a factor, agent, broker, or any person employed in a fiduciary capacity; ninthly, in any action wherein the judgment demanded requires some act to be performed, the neglect or refusal to perform which entails punishment by the court for contempt, or where the defendant, whether being a resident of the State, or not, is about to depart from the State, by reason of which departure there is a probability that the judgment or order requiring the performance of the said will, will not be complied with.

Women are subject to arrest only in the cases mentioned in the preceding subdivision, or in cases of wilful injury in regard to person, character or property.

In the State of New York, a debtor may be arrested only when it is proved that he employed fraud in contracting the debt, or that he concealed or put away his property, with the intent of defeating his creditors.

In these cases of arrest, the defendant may give bail. ATTACHMENT.

When it is a question of recovering a sum of money, an attachment may be issued. First, for breach of contract, whether express or implied, other than a con-- tract to marry; secondly, for wrongful conversion of personal property, or for any injury to same, whether by fraud, negligence or any other act.

A warrant of attachment cannot be issued unless a cause of action is proved under one of the above heads. Where it is a question of recovering damages, the plaintift's affidavit must show that he is entitled to recover a sum therein stated over and above any or all counter claims against him. He must also show that the defendant is a foreign corporation, or a non-resident of the State, and if the latter, that he has left the State, with the intention of defrauding his creditors, or avoiding being served with a summons, or that, if still in the State, he keeps himself in hiding with like intent. In case the defendant is a natural person, or a domestic corporation, the affidavit must show that he or it has removed the property belonging to him or it, with the intent of defrauding his or its creditors, or that the property has been assigned, disposed of, or secreted, or that the same is about to be done. Before the attachment is issued, the plaintiff is obliged to give a bond to the amount of two hundred and fifty dollars. Salary or wages may be attached under the conditions above mentioned. These conditions wanting, and the judgment and executions still remaining unsatisfied, wages may be taken through supplementary proceedings. But the earnings of a debtor for his personal services for sixty days previous to the institution of the supplementary proceedings cannot be taken, if it is shown that said earnings are necessary for the support of a family, wholly or in part supported by said debtor.