RASAMNY BROTHERS, Lebanese Merchants Transacting Business in Liberia, by F. M. RASAMNY, General Manager, Appellants, v. EMMA BUTLERJACKSON, by her Husband, WILLIAM JACKSON, Appellee.

APPEAL IN ACTION OF DEBT. Argued November 5, 1962. Decided February 8, 1963. The optional procedure for foreclosure of a chattel mortgage provided in 1956 Code, tit. 29, � 160 may be adopted by a mortgagee as an alternative to the regular foreclosure procedure set forth in 1956 Code, tit. 29, � 155. In either case, the mortgagor’s equity of redemption is protected by the provision of 1956 Code, tit. 29, � 161. In an action of debt, the Supreme Court reversed the judgment of the court below. MR. CHIEF JUSTICE WILSON delivered the the opinion of the Court. In this case, a chattel mortgage is presented for interpretation. The parties have advanced divergent views as to how the law should be applied to recover under such a chattel mortgage, and have cited the following apparently conflicting sections of the Chattel Mortgage Act: “If the principal amount secured by the mortgage and the interest thereon or any part of such principal and interest be not paid at the original date of maturity, as therein stated, or any extension of such maturity granted by the mortgagee and noted in writing by him upon the mortgagor’s duplicate of the instrument, the mortgage may be foreclosed in the following manner : ” (a) The mortgagee shall file his duplicate of the mortgage in the Circuit Court of the jurisdiction where the property is situated at the time 245 246 LIBERIAN LAW REPORTS of the foreclosure of the mortgage with a statement in writing as to the amount then due and owing thereon, and shall state further that no extension of time has been granted the mortgagor by the mortgagee, and demand that the mortgage be foreclosed. “(b) If the amount due as shown by the mortgage and the endorsements thereon be not less than that so stated by the mortgagee, the Judge of the Circuit Court sitting in chambers shall order a summons to be issued for the mortgagor to appear in or out of term time, and to show cause why the mortgage should not be foreclosed and the Judge shall simultaneously make an order in writing, together with the said writ of summons, directing the sheriff or any officer of court to take possession forthwith of the mortgaged property or such part thereof as he can find, and make returns as to how he has executed the writ and the order. The property shall then be immediately turned over to the mortgagee upon his executing an indemnity bond in one and a half times the amount of the value of the property so seized to secure the mortgagor against any injury or damage he may sustain by reason of the failure of the mortgagee to successfully prosecute said foreclosure proceedings. After the appearance of the mortgagor or, in case of failure to appear, within three days after service of the summons, the Judge shall proceed to hear and determine said case and render final judgment thereon. ” ( c) The officer of court, at the time of taking possession of the mortgaged property, shall give the person in whose possession it is found a receipt for same, a copy of the mortgage and a copy of the order of the court. LIBERIAN LAW REPORTS 247 “(d) If it appears from the return of the officer of court that the mortgaged property or any part thereof has been brought into custody of the court, the court shall set a day for the mortgagor to show cause why the mortgaged property should not be sold at public auction in keeping with this Act. ” ( e) If the mortgagor fails to appear as prescribed in subdivision (d) supra, the court shall render judgment by default in favor of the mortgagee. ” ( f ) If the mortgagor appears and contests the right of the mortgagee to foreclose the mortgage, the court shall hear the cause summarily and render judgment according to the law and facts presented by the parties. “(g) The sale of the mortgaged property, after judgment has been rendered by the court, shall be made in the same manner and upon such publication of notice as that prescribed by law for sale of personal property seized under execution for the satisfaction of final judgment of court. “(h) The net proceeds of the sale, after deduction of costs allowable upon sales of such personal property on execution, including necessary costs of transportation and storage, shall be paid to the mortgagee to the extent necessary to discharge the indebtedness, and the balance, if any, shall be paid to the mortgagor. ” ( i ) Upon completion of the foreclosure proceeding, the court shall issue and send forthwith to the Registrar a certificate thereof with ( ) a description of the property which has been sold on foreclosure; (2) the names of persons to whom it has been sold ; (3) the price received for each separate article or group of articles; (4) the total amount paid to the 248 LIBERIAN LAW REPORTS mortgagee; and (5) the balance, if any, still remaining unpaid, or (6) a declaration that the mortgage has been satisfied if the net amount realized from the sale is not less than the amount then due the mortgagee.” 1956 Code, tit. 29, � 155. “At the option of the mortgagee, in lieu of the foreclosure proceedings herein authorized, suit may be brought upon the indebtedness evidenced by the mortgage and the judgment recovered, if any, satisfied by the sale on execution of the mortgaged property, which shall continue, until so sold, subject to the lien of the mortgage. The deficiency, if any, after such sale may be satisfied by execution levied upon and sale of other property of the debtor.” 1956 Code, tit. 29, � i6o. It appears erroneous to hold that a conflict exists between the two above-quoted statutes, since their respective provisions are by no means irreconcilable. Moreover, � 16o, supra, is a permissive statute which may be summarized as follows : In foreclosure proceedings on a chattel mortgage, as provided by � 159, supra, the court can sell the property secured by the mortgage, without regard to what may be a partial liquidation of the amount due under the mortgage contract, where there has been a violation of the terms of the contract by a default within the time specified. Under such circumstances, the mortgaged property passes from the possession of the mortgagor, even if he is benefited by the award of any surplus realized on the auction sale of the property. But � 16o provides an alternative to the procedure prescribed in � 159. In other words, � 159 provides the basic procedure for foreclosure of a chattel mortgage, whereas � 16o provides another procedure which may be adopted at the option of the mortgagee, and which may be pursued even after judgment in foreclosure proceedings. Our statutes not only provide these two procedures in LIBERIAN LAW REPORTS 249 order to facilitate recovery of the amount secured by the mortgage, but also protect the right of redemption of the mortgaged property by the mortgagor, after judgment and before sale of the mortgaged property, by the following provision: “The mortgagor may redeem mortgaged property at any time before the sale thereof by the payment of the full amount of the debt and all costs paid or incurred by the mortgagee in the foreclosure proceeding.” 1956 Code, fit. 29, � 161. In view of the foregoing, we are unanimous in our opinion that the judgment of the court below should be reversed with costs against the appellee. And it is so ordered. Reversed.