(B) the sale or lease occurs in a single real estate transaction. 4, eff. Sec. 1510), Sec. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). January 1, 2008. PROHIBITED ALTERATION. FALSE OR MISLEADING INFORMATION. Acts 2007, 80th Leg., R.S., Ch. 1201.405. Copyright 2023, Thomson Reuters. 7, eff. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power September 1, 2009. September 1, 2017. June 1, 2003. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. (B) other information required by this chapter. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. Sec. (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. (11) failed to pay the required fee to obtain or renew a license. June 1, 2003. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. September 1, 2017. 863 (H.B. 2019), Sec. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. MM/DD/YYYY. September 1, 2009. 10, eff. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. 24, eff. 1201.154. 2238), Sec. Sec. Sec. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. 1201.164. (C) does not include a recreational vehicle as defined by 24 C.F.R. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 1201.202. DENIAL OF LICENSE; DISCIPLINARY ACTION. (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. A person can get a certified copy of a current Statement of Ownership for free by mailing or faxing the request to 512-475-1109, or email the request to processing@tdhca.state.tx.us. 2238), Sec. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. 1201.162. Amended by Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. 408 (H.B. January 1, 2008. PROHIBITED REAL ESTATE TRANSACTION. 863 (H.B. 56, eff. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. 2438), Sec. State: Texas. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. (B) the approximate square footage of the home when installed for occupancy; (4) the identification number for each section or module of the home; (5) the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home; (6) in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact; (7) a statement regarding tax liens as follows: "On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. 1201.061. The members of the committee shall have no personal liability for providing this advice. subchapter a: codes, standards, terms, fees and administration: subchapter b: . The term does not include educational material or material required by law. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Manufactured Housing Division 34, eff. (a) or the appraisal district determines the applicant's ownership under Subsection LICENSE REQUIRED. 2019), Sec. September 1, 2017. 17, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2013. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. 1201.361. June 18, 2003. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. Added by Acts 2005, 79th Leg., Ch. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. 2, eff. 37, eff. The warranty for the installation of a new HUD-code manufactured home is to be given by the retailer, who is responsible for installation. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. Added by Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sec. 1079 (H.B. Acts 2009, 81st Leg., R.S., Ch. 12, eff. Acts 2007, 80th Leg., R.S., Ch. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. Sec. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. Manufactured Housing Information | Denton County, TX To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. The retailer must also provide the required information, supporting documents and fees to the TDHCA. 408 (H.B. Acts 2005, 79th Leg., Ch. Section 5414; and. 863 (H.B. 338, Sec. The United States has had its fair share of strange legislation in its existence thus far. January 1, 2008. 2019), Sec. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. CONTINUING EDUCATION PROGRAMS. They are non-refundable. June 18, 2003. 3, eff. Any person is allowed to sell one manufactured home in a twelve-month period. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 33, eff. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. September 1, 2013. (1) contain the information required by the United States Department of Housing and Urban Development; and. September 1, 2017. A civil action filed under this subsection shall be filed in district court in Travis County. Sec. January 1, 2008. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 338, Sec. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. January 1, 2008. INFORMATION ON OWNERSHIP AND TAX LIEN. 43, eff. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at bwilliams@wilco.org. January 1, 2008. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. H. OUSING AND . Added by Acts 2001, 77th Leg., ch. Sec. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. September 1, 2011. (a) if the appraisal district verifies the applicant's ownership under this subsection. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. 863 (H.B. June 18, 2005. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. This chapter may be cited as the Texas Manufactured Housing Standards Act. Online Transactions - Manufactured Housing 85(2), eff. 2019), Sec. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured June 18, 2003. (1) a deposit held in escrow in a real estate transaction; or. (5) the department in the manner provided by Subsection (h). (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. 863 (H.B. MANUFACTURER'S WARRANTY. January 1, 2008. 15, eff. Click here to access an Open Records Request form. 6, eff. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. 1201.458. PERFECTION, EFFECT, AND RELEASE OF LIENS. 3361), Sec. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. Amended by Acts 2003, 78th Leg., ch. 1201.110. CONSUMER WAIVER VOID. September 1, 2017. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. Section 5401 et seq. September 28, 2011. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. 863 (H.B. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. Added by Acts 2003, 78th Leg., ch. Amended by Acts 2003, 78th Leg., ch. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. Complete and attach the Inventory Schedule including the information for each sale during the . 21, eff. } Austin Texas Statement of Ownership and Location Save your time looking for the right sample and utilize the US Legal online library. 338, Sec. Online Statement of Ownership Application System. September 1, 2017. Sec. SECURITY: LOCATION. Sec. Sec. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. 2438), Sec. 73(a)(3), eff. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. Acts 2005, 79th Leg., Ch. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. 1284 (H.B. If required by law or otherwise necessary, the director may obtain an inspection search warrant. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** Sec. The Texas Department of Motor Vehicles (TxDMV) handles apportioned registrations, lost or destroyed vehicle titles, and oversize/overweight permits. (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. 38, eff. 338, Sec. Section 5401 et seq. INSPECTION BY LOCAL GOVERNMENTAL UNITS. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. 2, eff. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. DEPARTMENT POWERS AND DUTIES. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. September 1, 2013. 10, eff. 2, eff. (d) A person who holds a real estate broker's or salesperson's license under Chapter 1101 may act as a broker or salesperson under this chapter without holding a license or filing a bond or other security as required by this chapter if negotiations for the sale or exchange of a manufactured home are conducted for a consumer for whom the person is also acting as a real estate broker or salesperson under Chapter 1101 consistent with Section 1201.007. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. 338, Sec. (B) free from defects in materials or workmanship. home; or. 1), Sec. June 1, 2003. 863 (H.B. 408 (H.B. PDF 50-268 Retail Manufactured Housing Inventory Tax Statement June 1, 2003. (a) Before the completion of a credit application or more than one day before entering into any agreement for a sale or exchange that will not be financed, the retailer must provide to the consumer a written disclosure in the form promulgated by the board. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Added by Acts 2005, 79th Leg., Ch. June 18, 2005. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. TMHA | TDHCA Info Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c); (2) actual damages to correct matters that are solely cosmetic in nature; (4) actual damages to address other matters, unless the matters involve: (B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated; (C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or. PROHIBITED SHIPPING BY MANUFACTURER. 1016, Sec. (5) Subchapter E, Chapter 17, Business & Commerce Code. Amended by Acts 2003, 78th Leg., ch. 68, eff. 1201.007. 1201.502. 1284 (H.B. 408 (H.B. 1460), Sec. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. 14A.251(a), eff. June 20, 2003. 8, eff. 13, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. Sec. 1421, Sec. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). Sept. 1, 2003. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. 811 (H.B. Once all of the documents are signed, the buyer will need to register their new home with the DMV. (a) A retailer or salesperson may not: (1) assist a consumer in preparing or providing false or misleading information on a document related to the purchase or financing of a manufactured home; or. NOTICE OF NEED FOR WARRANTY SERVICE. September 1, 2017. SANCTIONS AND PENALTIES. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . The heart of the home is its large living room and kitchen/dining area. June 18, 2005. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 4, eff. 1421, Sec. Manufactured Homes - Harris County Tax Office EXEMPTION FOR CERTAIN EMERGENCY HOUSING. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. 2, eff. (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. Our new location is: George H.W. June 1, 2003. 1201.203. 2438), Sec. (2) the home is habitable with respect to formaldehyde emissions. 1460), Sec. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. Mhd Form 1023 - Fill Out and Sign Printable PDF Template | signNow The dos and don'ts of buying manufactured housing This subsection does not apply to: (2) an advertisement concerning real property on which there is a manufactured home that has been converted to real property in accordance with Section 1201.2055. 408 (H.B. (3) may establish cooperative inspection training programs. Sec. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. 1421, Sec. 4 (S.B. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Sec. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. Added by Acts 2001, 77th Leg., ch. A person is not legally allowed to buy, transfer, or sell a mobile home without a certificate of title or Statement of Ownership or Location (SOL). Amended by Acts 2003, 78th Leg., ch. January 1, 2008. 14, eff. Acts 2017, 85th Leg., R.S., Ch. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. Sec. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". (e) The applicant shall pay the cost of a criminal history check under this section. If a license suspension is probated, the department may require the person to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or. FORMALDEHYDE HEALTH NOTICE. Added by Acts 2001, 77th Leg., ch. June 1, 2003. 408 (H.B. Issuance of Statements of Ownership. 1201.051. In our commitment to open government, we invite open records requests in writing. All rights reserved. 7, eff. } 1460), Sec. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. (d) The course of instruction must be offered at least quarterly. Sec. (3)a sworn affidavit by the applicant stating that: (A)the applicant is the owner of the manufactured home; (B)the seller of the manufactured home did not provide the applicant with the applicable The department remains subject to the other requirements of Subsection (a). ISSUANCE OF STATEMENT OF OWNERSHIP. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. If you cannot find the home, you can look through the archived records for any ownership information before March 1982. September 1, 2017. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. 1421, Sec.