19. Deeds may be recorded, after acknowledgment or probate. 20. How probate to be made where grantor is dead or cannot be found. 21. How deeds made out of the state to be proved. 22. How deeds to be acknowledged by husband and wife. Form of wife's separate acknowledgment. Effect thereof. 23. How deeds made by husband and wife, out of the state, may be acknowledged. 24. How deeds to be proved, where the grantor and witnesses are dead. 25. How deeds may be proved, where there is no subscribing witness. 26. Judges of the United States, and of other states, may take acknowledgments and probate of deeds. 27. And any consul or vice-consul of the United States. 28. Conveyances acknowledged before deputy consuls and agents and properly certified, to be valid. 29. Seal of officer, to certificate of acknowledgment or probate, dispensed with. 30. Seal of officer to be primâ facie evidence of acknowledgment. 31. Acknowledgment, &c., in other states, how certified. 32. Deeds may be acknowledged before a judge of any court of record in any state or territory, and certified under the hand of the judge and seal of the 44. Recorders to have power to certify acknowledgments, &c. 45. Notaries of other states may take acknowledgments. 46. Military officers may take acknowledgments, and administer oaths. 47. Effect thereof. 48. Notaries-public may take acknowledgments, &c. Fees. 49. Territorial officers may take acknowledgments. Former act to be valid. 50. Execution of deeds in the District of Columbia. 51. Commissioners may take acknowledgments. 52. Prothonotary of the northern district. 53. Commissioners in chancery, in foreign countries, may take acknowledgments. (4.) COMMISSIONERS TO TAKE ACKNOWLEDGMENTS, &c. 54. Commissioners to be appointed in the other states, and in the District of Columbia. To take acknowledgments, &c. 55. To have power to administer oaths, &c. 56. To take oath of office. 57. Acts of commissioners, after the expiration of their appointments, validated. 58. Notice of appointment to be published. 59. Commissioners to be appointed in each of the territories. 60. Their fees. (5.) CERTAIN ACKNOWLEDGMENTS VALIDATED. 65. Deeds of husband and wife, made prior to the act of 24 February 1770, to be valid, if executed in the presence of witnesses, or acknowledged. 66. Deeds of married women, made prior to 1 September 1826, confirmed, notwithstanding defective certificate of acknowledgment. 67. Deeds of husband and wife, acknowledged in other states, prior to 16 April 1840, before an officer of such state, authorized by the laws thereof to take acknowledgments, to be valid. 68. Deeds of husband and wife, made prior to certificate of acknowledgment. 1 January 1841, confirmed, notwithstanding defective 69. Probates of deeds before the mayor or recorder of Philadelphia, prior to act 9 January 1817, to be valid. 70. Deeds of husband and wife, made prior to 1818, to be valid, notwithstanding defective acknowledgment of wife. 71. Deeds made out of the state, which have been recorded for thirty years, to be valid, notwithstanding defective acknowledgment. 72. When possession has accompanied the title. 73. Deeds acknowledged before officers of other states, to be valid. 74. Deeds defectively executed under powers of attorney confirmed. 75. Former acknowledgments before notaries validated. 76. And former acknowledgments of releases. 77. Defective acknowledgments by husband and wife validated. What informalities to be cured. 78. Defective acknowledgments of deeds conveying the property of married women validated. 79. Conveyances by husband and wife, with defective acknowledgment, validated. 80. Certificates under alderman's private seal. (6.) WHAT INSTRUMENTS MAY BE RECORded. 81. Releases of legacies, and any instruments under seal, given to executors, administrators, trustees or guardians, relating to real or personal estate. 82. Patents, deeds of sheriffs, coroners, marshals and treasurers, and deeds made in pursuance of a decree of any court. 83. Receipt for taxes on unseated lands. 86. Assignments of mortgages, and letters of attorney authorizing satisfaction on mortgages. 87. Receipt for moneys paid for redemption of unseated lands sold for taxes. 88. Release of legacy or recognizance, made out of, or within the state. 89. Releases without subscribing witnesses. 90. Letters of attorney executed in other states. How proved or acknowledged. 91. Letters of attorney may be recorded. 92. Releases executed in other states. 93. Soldiers' discharges. 94. Exemplifications of deeds may be recorded in other counties. 95. Plots of land may be proved. 96. Court may direct plots to be recorded. 97. Duplicate plans. 98. Proceedings not to affect others, not parties. (7.) TIME OF recording deeds, and EFFECT THEREOF. 99. Deeds recorded to have the effect of deeds of feoffment, with livery of seisin; or deeds enrolled. Exemplifications to be evidence. 100. Effect of the words "grant, bargain and sell," in such deeds. 101. Conveyances to be acknowledged. Who shall take acknowledgment. To be recorded within ninety days. Otherwise to be void against subsequent purchasers. Deed executed prior to act, to be recorded within ninety days. 102. Conveyances executed out of state to be recorded within six months. 103. Leases, not exceeding twenty-one years, accompanied with possession. 104. Deeds, prior in date to 18 March 1775, to be recorded within two years from 21 March 1841. 105. Otherwise, not to be given in evidence unless duly proven, or accompanied by possession. 106. To be void against subsequent bonâ fide purchasers, without notice. 107. Parties having possession of deeds, to record the same, on six months' notice. 108. Courts may decree the recording of such deeds. 109. By whom costs to be paid. 110. In Philadelphia, deeds only to be valid as against subsequent purchasers, from date of record. (8.) OF DEEDS CONVEYING THE SEPARATE PROP ERTY OF MARRIED WOMEN. 111. How deeds conveying the separate property of married women to be acknowledged. 112. Deeds executed in accordance with prior laws to be valid. 113. How such deeds to be executed, out of the 124. Advertisement in Philadelphia dispensed with. 125. Act of 1786 made perpetual. (10.) AUTHENTICATION OF records. 126. Recorder to authenticate the record of deeds. 127. Form of certificate. 128. Form of authentication. 129. Validity of authentication. II. MORTGAGES. (1.) VALIDITY OF MORTGAGES. 130. Defeasances to be in writing. (2.) OF THE RECORDING OF MORTGAGES. 131. Mortgages to be recorded within six months. 132. Mortgages made between 1 January 1776 and 18 June 1778, to be valid, if recorded within six months of 23 September 1783. 133. Saving the rights of intermediate purchasers and incumbrancers. 134. To have priority according to date of record. To be numbered and indorsed when left for record. Not to be a lien until recorded. Except mortgages for purchase-money, which may be recorded within sixty days. 135. Assignments of mortgages to be noted in the margin. Fees. 136. How mortgages to be indexed in Lehigh county. 137. Copy of minutes of corporation to be primâ facie evidence of authority to mortgage, &c. To be recorded. 138. Probate, after dissolution. 139. Informality not to vitiate. (3.) OF THE LIEN OF MORTGAGES. 140. Lien of certain mortgages not to be affected by sale under vend. exponas. 141. Or levari facias. 142. Prior liens of taxes or municipal charges not to cause lien of such mortgages to be discharged. 143. Other executions. 144. Prior liens for taxes, &c., to be payable out of the proceeds. 145. Entering up judgment for the same debt, not to affect the lien of such mortgages. 146. Nor sale under process issued to enforce payment of taxes, unless registered prior to recording the mortgage. 147. Lien of a mortgage not to be discharged by any judicial sale. 148. Real estate of a decedent may be freed on consent of holder of mortgage. (4.) OF RELEASES AND PAYMENTS BY INSTALMENTS. 149. Mortgagees may release part of the mortgaged premises. Proceedings on the scire facius in such cases. Defendant may plead that the balance claimed is a greater proportion than ought to be levied of the premises. 150. Where mortgages are payable by instalments, receipt for each instalment to be entered on record. Penalty for neglect. 151. Mortgagees to enter receipt for interest and payments on principal on record once in three years. 152. Penalty for refusal. (5.) OF THE SATISFACTION OF MORTGAGES. 153. On payment, mortgagee to enter satisfaction on record. 154. Penalty for neglecting so to do. 155. How entry of satisfaction may be obtained, where the mortgagee has died or removed from the state. 156. Mortgagor may pay into court the amount claimed, and have satisfaction entered, and thereafter contest the claim of the mortgagee. 157. Recorder to enter satisfaction in certain cases. Fees. Judge's certificate to be filed. 158. Courts may decree satisfaction of mortgagees, in certain cases. 159. Proceedings for the entry of satisfaction. In case of building association whose existence has terminated. 160. How satisfaction entered on mortgage presumed to be paid. 161. Decree of satisfaction, in case of non-resident holder. Payment into court. (6.) ASSIGNMENT OF MORTGAGES. 162. Holders may be required to assign. 163. Where lands belong to minors. 164. Or are held for life. 165. Or in trust. 166. Or have descended. 167. Assignment may be enforced by attachment. (7.) OF LOST MORTGAGES. 168. Proceedings to enforce payment of, or the entry of satisfaction on, a lost mortgage. Parties may apply by bill or petition to the common pleas: who shall proceed thereon as a court of equity. Act limited to certain counties. (8.) PROCEEDINGS ON A MORTGAGE. 169. How mortgage to be sued. Scire facias to issue at expiration of twelve months. What defendant may plead thereto. How damages to be assessed. Plaintiff to have execution by levari facias. Effect of sale or delivery under levari facias. Notice of sale to be given. 170. Overplus to be returned to defendant. 171. Purchaser to take only the estate of the mortgagor. 172. Reversal of judgment, not to affect the title of the purchaser. 173. In actions on mortgages or recognizances, memorandum to be furnished to the recorder, &c. To be entered on the record. 174. Certificate of satisfaction to be furnished to the recorder, &c. Satisfaction to be entered. pig iron, &c. 212. Form of mortgage. 214. Must be recorded. 215. Where to be recorded. 216. Assignment and release. 218. Foreclosure. 219. Redemption before sale. 220. Certified copies to be evidence. 221. Mortgagors to disclose the existence of mortgages. Penalty for violation. I. Of deeds. (1.) Office for recording of deeds, and duties of recorder. 1 Sm. 94. 1. There shall be an office of record in each county of this province, which 28 May 1715 § 1. shall be called and styled, "the office for recording of deeds," and shall be kept in some convenient place in the said respective counties;(n) and the recorder shall Office for recordduly attend the service of the same, and [at his own proper cost and charges,](o) ing of deeds estabshall provide parchment, or good large books of royal or other large paper, well lished. bound and covered, wherein he shall record, in a fair and legible hand, all deeds Duty of recorder. and conveyances, which shall be brought to him for that purpose, according to the true intent and meaning of this act.(p) Ibid. § 3. Certificate of record to be indorsed on deed. 18 March 1775 § 6. 2. After the recorder has recorded any of the said deeds, he shall certify on the back thereof, under his hand and seal of his office, the day he entered it, and the name and number of the book or roll, and page where the same is entered. 3. Every recorder of deeds in this province shall keep a fair book, (q) in which he shall immediately make an entry of every deed or writing brought into his 1 Sm. 424. office to be recorded, mentioning therein the date, the parties and the place Deeds brought to wherein the lands, tenements or hereditaments granted or conveyed by the said immediately regisdeed or writing are situate, dating the same entry on the day in which such deed tered. be recorded to be (p) The records are constructive notice to all mankind. Evans v. Jones, 1 Y. 173. (q) The "fair book" is a record of the office, and the recorder is bound to give exemplifications thereof, on request. Commonwealth v. O'Donnell, 12 W. N. C. 291. 1 Sm. 424. And recorded in succession. receipt, without charge. 18 March 1775 § 6. or writing was brought into his office, (r) 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, Recorder to give 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 herein before directed [or shall directly or indirectly take or receive any fee or reward for such entry and receipt], (s) or either of them, he shall forfeit and pay, for every such offence, 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. Penalty for neglect of such duties. How recoverable. 18 March 1875 § 1. P. L. 32. What indexes to be kept. Ibid. § 2. Duties of recorder. 4. In the addition to the indexes which the recorder of deeds in each county of this commonwealth is required to keep, the said recorder shall carefully and accurately prepare and keep in his office, two general indexes of all deeds recorded therein, in one of which, to be known as the direct index, he shall enter in their order, the name of the grantor, the name of the grantee, the volume and page wherein the deed is recorded, and in the other, to be known as the ad sectum index, he shall enter in their order, the name of the grantee, the name of the grantor, the volume and page wherein the deed is recorded. He shall in like manner also prepare and keep two general indexes, one direct and the other ad sectum, of all mortgages recorded in his office. Said indexes shall be arranged alphabetically and in such a way as to afford an easy and ready reference to said deeds and mortgages respectively, and shall be written in a plain and legible hand : Provided, however, That in any county where such indexes have already been prepared and in use, or where any special law relating to any of said indexes is now in force, they shall be adopted and kept as if made in pursuance of this act.(t) 5. As soon as said indexes are prepared, it shall be the duty of the recorder to index in its appropriate place and manner every deed and mortgage thereafter recorded in his office, at the time the same is recorded; and in case he neglects to do so, he and his sureties shall be liable in damages to any person aggrieved by such neglect. Ibid. § 3. 6. The entry of recorded deeds and mortgages in said indexes, respectively, Entry to be notice. shall be notice to all persons of the recording of the same.(u) Ibid. § 4. indexes. 7. In counties where no such indexes have been kept, the recorders thereof are hereby authorized and required to prepare the same, the costs thereof to be paid Costs of preparing by the county; but after said work has been done the costs of continuing the same, according to the provisions of this act, shall be paid by the respective recorders. 8. In all cases where the term of the recorder of deeds and mortgages in the several counties of this commonwealth has terminated by death, resignation or expiration of the term for which he was elected, and by reason of his having deeds recorded by failed or neglected to certify to the recording of any deed, mortgage or other in 20 Jan. 1883 § 1. P. L. 136. Certification of predecessor. strument of writing duly recorded, by adding thereto, on the back of such deed, mortgage or other instrument of writing, the proper certificate, his successor in office shall certify or sign the same, after comparing such deed, mortgage or other instrument of writing with the same as recorded, if found correct. 9. In case of the certificate being wanting, the same shall be added in the follow Ibid. § 2. Ibid. § 3. Form of authentication. "I, A. B., do hereby certify that the foregoing deed, mortgage (or as the case may be), was duly recorded during the official term of my predecessor in office, which said instrument was left for record on the having been uncertified, now is certified, as required by law. [Signed] day of A. D., and A. B., Recorder." 10. In case of the omission of the signature, the authentication shall be in the following form: "The above deed, mortgage (as the case may be), having been duly recorded and certified during the term of my predecessor in office, and left unsigned, is 11. Such deed, mortgage or other instrument of writing, thus authenticated, 20 Jan. 1883 § 4. shall be taken and deemed to be as good and valid to all intents and purposes, as P. L. 136. if the same had been certified to and signed by the proper recorder, during his Effect of authentiterm of office. 12. The person performing such service shall be entitled to be paid by the proper county the sum of twenty cents for each certificate, and ten cents in each case when the signature alone is wanting. cation. Fees. Ibid. § 5. 13. The recorders of deeds of the several counties of this province shall become 18 March 1775 § 7. bound to the governor of this province for the time being, in bonds, with one or 1 Sm. 424. more sufficient sureties; ** which said bonds shall severally be conditioned for Recorders to give the true and faithful execution of their several and respective offices, and for de- bond. livering up the records and other writings belonging to the said respective offices Condition thereof. whole, safe and undefaced, to their successors in office; (v) which said respective bonds shall be filed in the secretary's office, and there be safely kept, in order to be made use of, for making satisfaction to the parties that shall be damnified or aggrieved, in the same manner as the bonds given by the sheriffs of the several counties are by law directed to be made use of, sued, prosecuted and applied.(w) 1 Sm. 443. 14. The persons herein and hereby appointed to the office of * * recorder of 14 March 1777 § 3. deeds, before they enter on the duties of their respective offices, shall severally take the oath or affirmation, agreeably to the said constitution, and give bond to Amount of sethe speaker of the house of assembly (x) for the time being, with one or more suffi- curity. cient sureties, in the following sums respectively, that is to say: the recorder of deeds for the said city and county of Philadelphia, in the sum of fifteen hundred pounds; (y) the *** recorder of deeds for the county of Bucks, in the sum of one thousand pounds; the * * recorder of deeds for the county of Chester, in the sum of fifteen hundred pounds; the *** recorder of deeds for the county of Lancaster, in the sum of fifteen hundred pounds; the *** recorder of deeds for the county of York, in the sum of twelve hundred pounds; the *** recorder of deeds for the county of Cumberland, in the sum of twelve hundred pounds; the * recorder of deeds for the county of Berks, in the sum of one thousand pounds; the *** recorder of deeds for the county of Northampton, in the sum of one thousand pounds; the *** recorder of deeds for the county of Bedford, in the sum of six hundred pounds; the *** recorder of deeds for the county of Northumberland, in the sum of six hundred pounds; and the * * * recorder of deeds for the county of Westmoreland, in the sum of six hundred pounds; which said Condition of bonds shall severally be conditioned for the true and faithful execution of their bonds. several and respective offices, (2) and for delivering up the records and other writings belonging to the said respective offices, whole, safe and undefaced to their successors in the said offices. Ibid. § 4. 15. The several and respective officers appointed by this act shall have, use and exercise all the powers, and be subject to and governed by the laws of this state, Powers and duties in all things concerning their said offices respectively; and may take and receive of recorders. the same fees as by the said laws the late *** recorders of deeds ought or might have received and taken. (a) 16. Each and every of the records to their ** recorders of deeds herein appointed, and their Ibid. § 5. heirs, executors and administrators, and every of them, are hereby required and enjoined to deliver up to the person who shall be appointed to succeed them in To deliver up the said offices, respectively, all the records and other writings, and also the seals successors. belonging to the several offices aforesaid, whole, safe and undefaced, under the penalty of three thousand pounds, to be recovered as other fines are directed to Penalty for refusal. be recovered within this state. (b) 17. Every recorder of deeds may appoint and keep a deputy, for whose conduct 1 March 1852 § 1. he and his sureties shall be accountable; and such deputy shall be capable in law to do whatever by law appertains to the office of recorder of deeds. P. L. 100. Deputy-recorders. false certificates of 18. The recorder of deeds, prothonotaries, clerks of the courts, and all other 18 April 1872 § 1. officers in the city of Philadelphia, whose duty or custom it is or hereafter may P. L. 1140. be to make and certify, or who may hereafter make and certify searches for judg- Responsibility in ments, mortgages or other liens upon real estate in the said city, and the sureties Philadelphia for of such officers shall be liable and responsible for all loss or damage which may search. happen by reason of any false or erroneous certificate of search made or given by the said officers, or either or any of them, for a period of five years from the time of giving said certificate of search, not only to the person or persons to, for or upon whose order the said certificate of search is made or given, but also to any (v) See infra 14. (w) See tit. "Bonds." (2) See act 12 March 1791, § 1; tit. "Secretary of the Commonwealth." (y) Though the penalty exceed the amount directed by the act, it is bad only for the surplus. McCaraher V. Commonwealth, 5 W. & S. 21. (z) The sureties are liable, if he give a false certificate that he has searched and can find no mortgage on record. McCaraher v. Commonwealth, 5 W. & S. 21. But see Commonwealth v. Harmer, 6 Phila. 90. |