Pennsylvania Act 1775-704 (session 1) — DEEDS AND CONVEYANCES - ACKNOWLEDGMENT AND RECORDING - PROVING

Act text

A SUPPLEMENT

To the act, entitled "An Act for acknowledging and recording of deeds."

Compiler's Note: Section 3 of Act 117 of 1955 provided that Act 704 is repealed insofar as it is inconsistent with Act 117.

WHEREAS by the different and secret way of conveying lands, tenements and hereditaments, such as are ill disposed, have it in their power to commit frauds, by means whereof divers persons may be injured in their purchases and mortgages by prior and secret conveyances, and fraudulent incumbrances: For remedy whereof,

Section 1. Be it enacted, that all deeds and conveyances, which, from and after the passage of this act, shall be made and executed within this Commonwealth of or concerning any lands, tenements or hereditaments in this Commonwealth, or whereby the title to the same may be in any way affected in law or equity, shall be acknowledged by the grantor, or grantors, bargainor, or bargainors, or proved by one or more of the subscribing witnesses thereto before one of the judges of the supreme court, or before one of the judges of the court of common pleas, or recorder of deeds, prothonotary, or clerk of any court of record, justice of the peace or notary public of the county wherein said conveyed lands lie, and shall be recorded in the office for the recording of deeds where such lands, tenements or hereditaments are lying and being, within ninety days after the execution of such deeds or conveyance, and every such deed and conveyance that shall at any time after the passage of this act be made and executed in this Commonwealth, and which shall not be proved and recorded as aforesaid, shall be adjudged fraudulent, and void against any subsequent purchaser or mortgagee for a valid consideration, or any creditor of the grantor or bargainor, in said deed of conveyance, and all deeds or conveyances that may have been made and executed prior to the passage of this act, having been duly proved and acknowledged as now directed by law, which shall not be recorded in the office for recording of deeds in the county where said lands and tenements and hereditaments are lying and being, within ninety days after the date of the passage of this act, shall be adjudged fraudulent, and void as to any subsequent purchaser for a valid consideration, or mortgage, or creditor of the grantor, or bargainor therein.

(1 amended May 19, 1893, P.L.108, No.61)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 2. And be it further enacted, That all such deeds and conveyances which shall be made and executed out of this Commonwealth after the passage of this act, and acknowledged and proved in a manner as directed by the laws for that purpose heretofore made, shall be recorded in the office for the recording of deeds in the county where the lands and hereditaments specified in such deed or deeds do lie, within the space of six months from the execution thereof, otherwise every such deed or conveyance shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for a valuable consideration, and against any creditor of the bargainor, or grantor, in such deed.

(2 amended May 19, 1893, P.L.108, No.61)

Section 3. Provided always, and be it further enacted, That this act shall not extend to any lease not exceeding twenty-one years, where the actual possession and occupation goeth along with the lease, any thing in this act to the contrary notwithstanding.

Section 4. And whereas there is no provision made by the act, to which this is a supplement, for the proving deeds or conveyances where the grantors and the witnesses are deceased; for remedy whereof, Be it enacted, That from and after the publication of this act, where the grantors and witnesses of any deed or conveyance are deceased, or cannot be had, it shall and may be lawful to and for any of the justices of the Supreme Court, or any justice of the Court of Common Pleas of the county where the lands lie, to take the examination of any witness or witnesses, on oath or affirmation, to prove the handwriting of such deceased witness or witnesses, or where such proof cannot be had, then to prove the handwriting of the grantor or grantors, which shall be certified by the justice before whom such proof shall be made, and such deed or conveyance, being so proved, shall be recorded as is usual in other cases directed by the said act.

Section 6. And be it further enacted, That every recorder of deeds in this province shall keep a fair book, in which he shall immediately make an entry of every deed or writing brought into his office to be recorded, mentioning therein the date, the parties and the place where the lands, tenements or hereditaments, granted or conveyed by the said deed or writing, are situate, dating the same entry on the day in which such deed or writing was brought into his office, and shall record all such deeds and writings in regular succession, according to their priority of time in being brought into the said office; and shall also immediately give a receipt to the person bringing such deed or writing to be recorded, bearing date on the same day with the entry, containing the abstract aforesaid; for which entry and receipt he shall take or receive no fee or reward whatever. And if any recorder of deeds within this province shall record any deed or writing before another first brought into his office to be recorded, or in any other manner than is herein directed, or shall neglect or refuse to make such an entry, or to give such a receipt as is hereinbefore directed, or shall directly or indirectly take or receive any fee or reward for such entry and receipt, or either of them, he shall forfeit and pay, for every such offense, one hundred pounds, lawful money of this province; one-half to the Governor, for the support of government, and the other half to him or them that shall sue for the same, to be recovered in any court of record within this province, by action of debt, bill or plaint, wherein no essoin, protection or wager of law, or more than one imparlance, shall be allowed.