Pennsylvania Act 1705-155 (session 1) — REAL ESTATE - CONVEYANCE BY ATTORNEYS OR AGENTS

Act text

AN ACT

For confirming the sales of lands by attorneys or agents, and for ascertaining the proof of instruments or writings made out of this province.

WHEREAS divers persons living out of this province, are and have been owners of lands within the same, and such persons have usually appointed attornies to sell and dispose thereof: to the end, therefore, that those who have so purchased, and their heirs or assigns, for ever hereafter, be secured in their titles and estates.

Section 1. Be it enacted, That all sales of lands, tenements and hereditaments, formerly made by any attorneys or agents, who have been appointed such by any person or persons who had right so to do, and especially given them power or directions therein to sell or convey lands, are and shall be deemed and adjudged good and effectual in law, to all intents, constructions and purposes, whatsoever, as fully as if the said owners of such lands had, by their own deeds, bargains and sales, actually and really sold and conveyed the same; and all and singular the lands, tenements and hereditaments, sold and conveyed as aforesaid, shall be and remain to such purchasers respectively, their heirs and assigns, forever, as they were or ought to have been to the owner or owners of such lands and premises so employing his or their attorneys or agents aforesaid.

Section 3. And it is further enacted, That all sales or conveyances of lands, tenements or hereditaments, which shall hereafter be made by virtue of any letters or powers of attorney or agency, duly executed, which do or shall expressly give power to sell lands or other estates, and be certified to have been proved as aforesaid, or shall be proved in this province before any justice of the peace, by one or more of the witnesses thereto, shall be good and effectual in law, to all intents, constructions and purposes whatsoever, as if the said constituent or constituents had by their own deeds, bargains and sales, actually and really sold and conveyed the same.

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 4. Provided always, That no sale of lands, tenements and hereditaments made by virtue of such power or powers of attorney or agency as aforesaid, shall be good and effectual, unless such sale be made and executed while such power is in force; and all such powers shall be accounted, deemed and taken to be in force, until the attorney or agent shall have due notice of a countermand, revocation, or death of the constituent.