Pennsylvania Act 1865-324 — REAL ESTATE REGISTRY ACT

Act text

REAL ESTATE REGISTRY ACT
                 Act of Mar. 14, 1865, P.L. 320, No. 324              Cl. 11
                                  AN ACT

     To promote the more certain and equal assessment of taxes, in
        Philadelphia.

        Section 2.  Records and plans of city lots to be kept
        The chief engineer and surveyor of the City of Philadelphia,
     under an ordinance and appropriation by the councils thereof,
     shall cause to be made books of plans of the said city, divided
     into sections, so far as the streets of the said city are or
     shall be laid out, which shall show the situation and dimensions
     of each property therein, with the city numbers thereof, and who
     are the owners, with such succession of blank columns as will
     permit the names of future owners to be entered therein, with
     the dates of transfer, and with index for recording such names
     alphabetically.  And the person or persons who shall be employed
     to perform such duty shall have access to all plans of survey in
     the offices of any surveyor of the said city, to all books in
     the recorder of deeds' office, and all records of the courts,
     and in the register's office, and may take copies or extracts
     thereof without any charge therefor.  1865, March 14, P.L. 320,
     Sec. 2.
        Section 3.  Custody of records
        The original books, when made, shall be kept in the fire-
     proof of the department of surveys of the said city, and a
     duplicate set thereof shall be placed, by the chief engineer and
     surveyor, in the office of the city commissioners, and be there
     safely preserved in the fire-proof and the said chief engineer
     and surveyor shall keep up the books in his office, so as to
     show at all times who are the owners of the lots on the plans,
     and before the annual meeting of the board of revision, for
     revising the valuations for taxation, shall cause the books in
     the commissioners' office to be brought up to that time; and
     such books shall be kept in such manner as not to destroy the
     evidence of the ownerships at any previous time, but by
     additions which will show the subdivisions of property, and the
     owners thereof, as transmissions of title may take place.  And
     the said chief engineer and surveyor may furnish copies of the
     said books, or parts thereof, for such price as may be fixed by
     councils, for the use of the city; and his certificate shall be
     received in evidence, as and for such proof as the assessment
     books would be; and lithographed copies of the said books may be
     multiplied and sold for the profit of the said city.  1865,
     March 14, P.L. 320, Sec. 3.
        Section 4.  Conveyances to be registered
        To enable the chief engineer and surveyor of the city to keep
     up the said books of plans, it shall be the duty of every seller
     and buyer of ground, upon the planned plot of the City of
     Philadelphia, to make report to him of every conveyance made,
     with the precise dimensions and locality of the premises, and so
     doing, the same shall be received without charge, and noted on
     the deed of conveyance by the assistant of the said chief
     engineer and surveyor.  But if said seller and buyer shall both
     omit said duty, the recorder of deeds of the said County of
     Philadelphia shall not admit the deed of conveyance to record in
     his office, without charging fifteen cents for each lot
     described therein; and it shall then be his duty to furnish the
     proper description of such lot or lots, with the date of
     conveyance, and names of grantor or grantee, within one month,
     into the office of the department of surveys, under the penalty
     of one dollar for each omission, to be recovered as penalties
     for taking unlawful fees are recovered, for the use of the said
     city.  And it shall be the duty of every purchaser of houses and
     lands, at judicial sales, and of every one to whom an allotment
     in partition shall have been made, and of every devisee by will,
     to make return to the chief engineer and surveyor, of the
     purchase he has made, or allotment he has received, and of all
     devises made to him by will, with descriptions as aforesaid,
     which the said chief engineer and surveyor shall receive without
     charge.  But if he shall not have done so, simultaneously with
     the completion of his purchase, or on partition perfected, or
     if, on probate of any will, the devisee shall not have done so,
     as to any houses or lands in the said city, purchased, allotted
     or devised, it shall be the duty of the clerk or prothonotary of
     the proper court, under whose authority such judgment or
     partition shall have been made, and for the register of wills,
     to furnish such descriptions, as are above required of the
     recorder of deeds, so far as the wills to be proved in his
     office shall enable him to do so, for the like charge, and under
     the same penalty; and the clerk or prothonotary and register may
     make such charge against such purchaser or party taking in
     partition, or devisee, on delivery of the deed, certifying
     proceedings in partition, or granting probate of the will, and
     that whether the same be in trust, or for any estate for life
     only, or otherwise, unless the party interested shall produce to
     him or them, the certificate of the chief engineer and surveyor,
     that such duty has been performed.  1865, March 14, P.L. 320,
     Sec. 4.
        Section 5.  On neglect to register conveyances, both
     parties to be liable for taxes
        If neither the seller nor buyer, devisee, or heir or
     other party, who has acquired title to houses and
     lands, in the said city, shall have furnished the
     description of the property, sold as aforesaid, both
     he, who may have parted with, and he who acquired
     title, shall be liable for the taxes thereafter
     assessed thereon, without right of reclamation, or
     contribution therefor, either against the other, and if
     the lands, or houses sold, be afterwards sold for
     taxes, thereafter accrued as a lien by record before
     said duty shall have been performed, the purchaser
     shall acquire title, as now he may by law within the
     County of Philadelphia, but if the said duty of making
     the return, as required by this act, shall have been
     discharged by the party, who shall have acquired title,
     in whatsoever manner, before the tax accrued, as a lien
     of record, for which the same shall have been sold, the
     purchaser, at the tax sale, shall not acquire the title
     of such person, who shall have performed said duty, or
     of his heirs, or assigns, unless the sale shall have
     been made, in the name of such owner, after service of
     process upon him, as in case of suit by summons. 1865,
     March 14, P.L. 320, Sec. 5.
        Section 6.  Penalty for neglecting to report conveyances
        And should the chief engineer and surveyor apprehend that
     conveyances or devises, or descents of houses or lands shall
     have taken place, without being reported to him, he shall cause
     search to be made therefor, and perfect his books of plans; and
     every person found delinquent for six months after acquiring
     title as aforesaid in making report as aforesaid, shall be
     liable to a fine of five dollars, to be recovered by the said
     chief engineer and surveyor, in the name of the city, as debts
     of that amount are by law recoverable.  1865, March 14, P.L.
     320, Sec. 6.
        Section 7.  Preservation of reports
        The chief engineer and surveyor shall preserve on file,
     arranged alphabetically and according to date, all reports made
     to him of descriptions of houses and lands, and for twenty-five
     cents, shall give his certificate, at the foot of a duplicate of
     the description or descriptions, that report has been made into
     his office of the description of the designated property or
     properties, when a duplicate of descriptions shall be produced
     to him, with the certificate written out for his signature; and
     his certificate shall be evidence for the receiver of it, and
     any clerk, prothonotary and register, and all others, that this
     law has been complied with.  1865, March 14, P.L. 320, Sec. 7.
        Section 9.  Owners to make returns
        It shall be the duty of all owners of houses and lots to
     furnish, forthwith, descriptions of their property, to the chief
     engineer and surveyor, to aid him in making up the books of
     plans; and whensoever such descriptions shall have been so
     furnished, and the certificate of the chief engineer and
     surveyor shall be received, no property, so returned, shall be
     subject to sale for taxes, thereafter to accrue, as a lien of
     record thereon, except in the name of the owner, as returned,
     and after recovery, by suit, and service of the writ on him,
     made as in case of summons, and all such returns shall be
     arranged and filed alphabetically.  1865, March 14, P.L. 320,
     Sec. 9.