attached to or forming a part of land which are agreed to be severed before sale or under the conditional sale;

"performance of the condition" means the occurrence of the event upon which the property in the goods is to vest in the buyer, whether the event is the performance of an act by the buyer or the happening of a contingency;

"person" includes an individual, partnership, corporation, and other association;

"purchase" includes mortgage and pledge;

"purchaser" includes mortgagee and pledgee;

"seller" means the person who sells or leases the goods covered by the conditional sale, or legal successor in interest of such a person. § 1572. Primary rights of buyer

The buyer has the right when not in default to retain possession of the goods, and he also has the right to acquire the property in the goods on the performance of the conditions of the contract. The seller is liable to the buyer for the breach of all promises and warranties, express or implied, made in the conditional sale contract, whether or not the property in the goods has passed to the buyer. § 1573. Primary rights of seller

The buyer is liable to the seller for the purchase price, or for installments thereof, as the same become due, and for breach of all promises made by him in the conditional sale contract, whether or not the property in the goods has passed to the buyer.

§ 1574. Conditional sales valid except as otherwise provided

A provision in a conditional sale reserving property in the seller after possession of the goods is delivered to the buyer, is valid as to all persons, except as hereinafter otherwise provided.

§ 1575. Conditional sales void as to certain persons

A provision in a conditional sale reserving property in the seller is void as to any purchaser from or creditor of the buyer, who, without notice of the provision, purchases the goods or acquires by attachment or levy a lien upon them, before the contract or a copy thereof is filed as hereinafter provided. This section does not apply to conditional sales of goods for resale.

§ 1576. Place of filing

The conditional sale contract or a copy thereof shall be filed in the office of the registrar of property of the Canal Zone.

§ 1577. Conditional sale of goods for resale

When goods are delivered under a conditional sale contract and the seller expressly or impliedly consents that the buyer may resell them prior to performance of the condition, the same is valid whether filed or not except that the reservation of property is void against purchasers from the buyer in good faith for value and without actual knowledge of the condition of the contract.

§ 1578. Filing

The registrar of property shall mark upon the contract or copy filed with him the day and hour of filing and shall file the contract or copy in his office for public inspection. He shall keep a separate book in which he shall enter the names of the seller and buyer, the date of the contract, the day and hour of filing, a brief description of the goods, the price named in the contract, and the date of cancellation thereof. The book shall be indexed under the names of both seller and buyer. For filing and entering such a contract or copy, or any assignment of such a contract, the registrar is entitled to a fee of $1.

§ 1579. Refiling

The filing of conditional sales contracts provided for by sections 1575 and 1576 of this title shall be valid for a period of 3 years only. The validity of the filing may in each case be extended for successive additional periods of 1 year from the date of refiling by filing a copy of the original contract within 30 days next preceding the expiration of each period, with a statement attached signed by the seller, showing that the contract is in force and the amount remaining to be paid thereon. The copy, with statement attached, shall be filed and entered in the same manner as a contract or copy filed and entered for the first time, and the registrar of property is entitled to a like fee as upon the original filing.

§ 1580. Cancellation of contract

After the performance of the condition, upon written demand delivered personally or by registered mail by the buyer or any other person having an interest in the goods, the seller shall execute, acknowledge, and deliver to the demandant a statement that the condition in the contract has been performed. If for 10 days after such a demand the seller fails to mail or deliver a statement of satisfaction, he shall forfeit to the demandant $5 and be liable for all damages suffered. Upon presentation of a statement of satisfaction the registrar of property shall file the same and note the cancellation of the contract and the date thereof on the margin of the page where the contract has been entered. For filing and entering the statement of satisfaction the filing officer is entitled to a fee of 25 cents.

§ 1581. Prohibition of removal or sale without notice

Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from the Canal Zone and sell, mortgage, or otherwise dispose of his interest in them; but prior to the performance of the condition, such a buyer may not remove the goods from the Canal Zone, except for temporary uses for a period of not more than 30 days, unless the buyer not less than 30 days before the removal gives the seller personally or by registered mail written notice of the place to which the goods are to be removed and the approximate time of the intended removal; nor prior to the performance of the conditions shall the buyer sell, mortgage, or otherwise dispose of his interest in the goods, unless he, or the person to whom he is about to sell, mortgage, or otherwise dispose of the same, notifies the seller in writing personally or by registered mail of the name and address of the person to whom his interest in the goods is about to be sold, mortgaged, or otherwise transferred, not less than 10 days before the sale, mortgage, or other disposal. If a buyer does so remove the goods, or does so sell, mortgage, or otherwise dispose of his interest in them without the notice or in violation of the contract, the seller may retake possession of the goods and deal with them as in case of default in payment of part or all of the purchase price.

§ 1582. Fraudulent injury, concealment, removal, or sale

When, prior to the performance of the condition, the buyer maliciously or with intent to defraud, injures, destroys, or conceals the goods, or remove them from the Canal Zone, without having given the notice required by section 1581 of this title, or sells, mortgages, or otherwise disposes of the goods under claim of full ownership, he shall be guilty of a crime and upon conviction thereof shall be imprisoned in jail for not more than one year or be fined not more than $500 or both.

§ 1583. Retaking possession

When the buyer is in default in the payment of a sum due under the contract, or in the performance of any other condition which the contract requires him to perform in order to obtain the property in the goods, or in the performance of any promise, the breach of which is by the contract expressly made a ground for the retaking of the goods, the seller may retake possession thereof. Unless the goods can be retaken without breach of the peace, they shall be retaken by legal process; but this section does not authorize a violation of the criminal law.

§ 1584. Notice of intention to retake

Not more than 40 nor less than 20 days prior to the retaking, the seller, if he so desires, may serve upon the buyer personally or by registered mail a notice of intention to retake the goods on account of the buyer's default. The notice shall state the default and the period at the end of which the goods will be retaken, and shall briefly and clearly state what the buyer's rights under this chapter will be in case they are retaken. If the notice is so served and the buyer does not perform the obligations in which he has made default before the day set for retaking, the seller may retake the goods and hold them subject to sections 1586-1590 of this title regarding resale, but without a right of redemption.

1585. Redemption

If the seller does not give the notice of intention to retake provided for by section 1584 of this title, he shall retain the goods for 10 days after the retaking within the Canal Zone, during which period the buyer, upon payment or tender of the amount due under the contract at the time of retaking and interest, or upon performance or tender of performance of such other condition as may be named in the contract as precedent to the passage of the property in the goods, or upon performance or tender of performance of any other promise for the breach of which the goods were retaken, and upon payment of the expenses of retaking, keeping, and storage, may redeem the goods and become entitled to take possession of them and to continue in the performance of the contract as if a default had not occurred. Upon written demand delivered personally or by registered mail by the buyer, the seller shall furnish to the buyer a written statement of the sum due under the contract and the expense of retaking, keeping, and storage. For failure to furnish such a statement within a reasonable time after demand, the seller shall forfeit to the buyer $10 and also be liable to him for all damages suffered because of the failure. If the goods are perishable so that retention for 10 days as herein prescribed would result in their destruction or substantial injury, this section does not apply, and the seller may resell the goods immediately upon their retaking.

§ 1586. Compulsory resale by seller

If the buyer does not redeem the goods within 10 days after the seller has retaken possession, and the buyer has paid at least 50 per centum of the purchase price at the time of the retaking the seller shall sell them at public auction in the Canal Zone, the sale to be held not more than 30 days after the retaking. The seller shall give to the buyer not less than 10 days' written notice of the sale, either personally or by registered mail, directed to the buyer at his last known place of business or residence. The seller shall also give notice of the sale by at least 3 notices posted in different public places within the Canal Zone, at least 5 days before the sale. If at the time of the retaking $500 or more has been paid on the purchase price, the seller shall also give

notice of the sale at least 5 days before the sale by publication in a newspaper having a general circulation within the Canal Zone. The seller may bid for the goods at the resale.

§ 1587. Resale at option of parties

If the buyer has not paid at least 50 percent of the purchase price at the time of the retaking, the seller is not under a duty to resell the goods as prescribed by section 1586 of this title, unless the buyer serves upon the seller, within 10 days after the retaking, a written notice demanding a resale, delivered personally or by registered mail. If the notice is served, the resale shall take place within 30 days after the service, in the manner, at the place, and upon the notice prescribed by section 1586 of this title. The seller may voluntarily resell the goods for account of the buyer on compliance with the same require

ments.

§ 1588. Proceeds of resale

The proceeds of the resale shall be applied:

(1) to the payment of the expenses thereof;

(2) to the payment of the expenses of retaking, keeping and storing the goods;

(3) to the satisfaction of the balance due under the contract. Any sums remaining after the satisfaction of those claims shall be paid to the buyer.

§ 1589. Deficiency on resale

If the proceeds of the resale are not sufficient to defray the expenses thereof and the expenses of retaking, keeping, and storing the goods, and the balance due upon the purchase price, the seller may recover the deficiency from the buyer, or from any one who has succeeded to the obligations of the buyer.

§ 1590. Rights of parties where there is no resale

If there is no resale the seller may retain the goods as his own property without obligation to account to the buyer except as provided by section 1592 of this title, and the buyer shall be discharged of all obligation.

§ 1591. Election of remedies

After the retaking of possession as provided by section 1583 of this title the buyer is liable for the price only after a resale and only to the extent provided by section 1589 of this title. Neither the bringing of an action by the seller for the recovery of the whole or any part of the price, nor the recovery of judgment in such an action, nor the collection of a portion of the price, shall be deemed inconsistent with a later retaking of the goods as provided in section 1583 of this title. But a right of retaking may not be exercised by the seller after he has collected the entire price or after he has claimed a lien upon the goods, or attached them, or levied upon them as the goods of the buyer.

§ 1592. Recovery of part payments

If the seller fails to comply with sections 1585-1588 and 1590 of this title, after retaking the goods, the buyer may recover from the seller his actual damages, if any, and in no event less than one-fourth of the sum of all payments which have been made under the contract, with interest.

81593. Waiver of statutory protection

An act or agreement of the buyer before or at the time of the making of the contract, or an agreement or statement by the buyer in the contract, does not constitute a valid waiver of sections 1585-1588 and

1592 of this title; except that the contract may stipulate that on such default of the buyer as is provided for by section 1583 of this title, the seller may rescind the conditional sale, either as to all the goods or as to any part thereof for which a specific price was fixed in the contract. If the contract thus provides for rescission, the seller at his option may retake the goods without complying with or being bound by sections 1584-1592 of this title, as to the goods retaken, upon crediting the buyer with the full purchase price of those goods. As much of this credit as is necessary to cancel any indebtedness of the buyer to the seller shall be so applied and the seller shall repay to the buyer on demand any surplus not so required.

§ 1594. Loss and increase

After the delivery of the goods to the buyer and prior to the retaking of them by the seller, the risk of injury and loss rest upon the buyer. The increase of the goods is subject to the same conditions as the original goods.

§ 1595. Rules for cases not provided for

In any case not provided for by this chapter the rules of law and equity, including the law merchant, and in particular those relating to principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to conditional sales.

§ 1596. Uniformity of interpretation

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which

enact it.

§ 1597. Short title

Sec.

This chapter may be cited as the Uniform Conditional Sales Act.

CHAPTER 49-DEPOSIT IN GENERAL

SUBCHAPTER I-NATURE AND CREATION OF DEPOSIT

1631. Kinds of deposit.

1632. Voluntary deposit.

1633. Involuntary deposit.

1634. Duty of involuntary depositary.

1635. Deposit for keeping.

1636. Deposit for exchange.

SUBCHAPTER II-OBLIGATIONS OF THE DEPOSITARY

1651. Delivery on demand.

1652. Necessity of demand.

1653. Place of delivery.

1654. Notice of adverse claim.

1655. Notice of deposit to true owner.

1656. Delivery of thing owned jointly, etc.

1657. Delivery of joint deposits.

Subchapter I-Nature and Creation of Deposit

§ 1631. Kinds of deposit

A deposit may be voluntary or involuntary; and for safe-keeping or for exchange.