Pennsylvania Act 1878-201 — INSTRUMENTS, RECORDATION WITHOUT SUBSCRIBING WITNESSES

Act text

INSTRUMENTS, RECORDATION WITHOUT SUBSCRIBING WITNESSES
                  Act of May 25, 1878, P.L. 155, No. 201              Cl. 68
                                  AN ACT

     To authorize the probate and recording of deeds, conveyances and
        other instruments of writing, where there are no subscribing
        witnesses.

        Section 1.  Proof of deeds without subscribing witnesses,
     where one or more of the parties is dead
        Where there is no subscribing witness to any deed and
     conveyance, or other instrument of writing, concerning lands,
     tenements or hereditaments, which might be recorded if probated
     according to existing laws, and any of the parties thereto shall
     be deceased, it shall and may be lawful to and for any of the
     judges of the supreme court, or any judge, learned in the law,
     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 party or
     parties, and of the surviving party or parties which shall be
     certified by the judge before whom such proof shall be made; and
     such deed, conveyance or other instrument of writing, being so
     proved by two or more witnesses, and so certified, shall be
     recorded as in other cases under the acts relating to the
     recording of deeds: provided, that in addition to the proof so
     made by two or more witnesses the surviving party or parties to
     such deed, conveyance or other instrument of writing, shall also
     be examined, on oath or affirmation, before said judge, as to
     the handwriting of such deceased party.  1878, May 25, P.L. 155,
     Sec. 1.