prothonotary of any court of record in such state, that the officer or magistrate so 14 Dec. 1854 § 3. taking such acknowledgment, is duly qualified by law to take the same. P. L. (1855) 725. Public ministers to 43. All ambassadors, ministers plenipotentiary, chargés d'affaires or other per- 2 April 1859 § 1. sons exercising public ministerial functions, duly appointed by the United States P. L. 353. of America, shall have full power and authority to take all acknowledgments and proofs of any deeds, conveyances, settlements, mortgages, agreements, powers of have power to take attorney or other instruments under seal, relating to real or personal estate, made acknowledgments. or executed in any foreign country or state, by any person or persons, or by husband and wife, in the manner and according to the forms required by the laws of this commonwealth, and to administer all oaths or affirmations necessary or required for the purposes aforesaid. And all acknowledgments and proofs here- edgments valitofore made by any or either of the persons aforesaid, before any of the officers dated. aforesaid, in the manner and according to the forms aforesaid, are hereby ratified and confirmed; and the same, and the records of the instruments aforesaid, if the said instruments have been heretofore recorded, are declared to be as valid and effectual as if the said acknowledgments, proofs and records had been respectively made, taken and recorded under the provisions hereof. Former acknowl P. L. 383. 44. The several recorders of deeds within this commonwealth heretofore 6 April 1859 § 1. authorized to take the acknowledgment of and proof of deeds and other writings, shall have full power, and are hereby authorized to take and certify the acknowl- Recorders to have edgment and proof of or concerning any such instruments of writing, as fully and power to certify acknowledgments, with like effect as any judge or justice of the peace of this commonwealth might &c. or could do. P. L. 584. 45. In all cases of the sale, conveyance, mortgage or other instrument of writ- 22 April 1863 § 1. ing, heretofore made, or which may be hereafter made, by any person, or husband and wife, concerning any lands, tenements or hereditaments, or any estate or Foreign notaries interest therein, lying or being within this commonwealth, and heretofore acknowl- authorized to take acknowledgedged or proved, or hereafter acknowledged or proved, before any notary public in ments. any state or territory or place within the United States, or in any foreign country, according to the forms now or hereafter required by the laws of this state relative to such acknowledgment or probate, duly certified under the seal of office of such notary public, shall be as valid, to all intents and purposes, and be, in like manner, entitled to be recorded, as if the same had been duly acknowledged or proven according to the existing laws of this commonwealth. (s) 46. Any person holding the rank of major or any higher rank in the military 22 April 1863 § 1. service of the United States, under a commission from the governor of this state, P. L. 572. may administer and certify any oath or affirmation or acknowledgment of any Military officers deed or other instrument of writing, which any person, actually in such service, may take acknowl may wish to take or make, whenever such officer and person shall be out of this edgments, and ad state. 47. Any oath, affirmation or acknowledgment specified in the first section of this act, when taken and certified according to this act, may be read and used in any place, or before any court, officer or tribunal in this state, for any purpose, with like force and effect as if administered, taken, had, made or done before any civil officer in this state, authorized to take or administer the same. minister oaths. Ibid. § 2. Effect thereof. P. L. 962. edgments, &c. 48. Each notary public of this commonwealth shall have power to take deposi- 10 Aug. 1864 § 2. tions and affidavits, to take and receive the acknowledgment or proof of all deeds, conveyances, mortgages or other instruments of writing, touching or concerning Notaries public any lands, tenements or hereditaments, situate, lying and being in any part of may take acknowlthis state and also power to take and receive the separate examination of any feme covert, touching or concerning her right of dower, or the conveyance of her estate, or right in or to any such lands, tenements or hereditaments, as fully, to all intents and purposes whatsoever, as any judge of the supreme court, or president or associate judge of any of the courts of common pleas, or any alderman or justice of the peace within this commonwealth; and the fees to be received by said notaries public, shall be the same as are now allowed by law to aldermen and justices of the peace for similar services.(t) P. L. 864. 49. The provisions of the 3d section of the act of assembly of this common- 12 April 1866 § 1. wealth, approved the 14th day of December 1854, (u) authorizing acknowledgments, in certain cases, to be taken before any officer or magistrate of the state Territorial officers wherein such deeds, powers of attorney or other instruments of writing therein may take acknowlmentioned are executed, be and are hereby extended so as to authorize such edgments. acknowledgments to be taken before any officer or magistrate of any territory of the United States, created and organized by act of congress, authorized by the laws of such territory to take acknowledgments of such deeds, powers of attorney or other instruments of writing. And all deeds, powers of attorney or other instru- Former acts to be ments of writing which have been executed prior to the passage of this act, in any territory created by act of congress, and acknowledged before any officer or magistrate of such territory, authorized by the laws of such territory to take acknowl (8) See infra 48, as to notaries within the state. valid. (t) The 3d section of this act validates prior acknowledgments made before notaries. ་ 12 April 1866 § 1. edgments of deeds, powers of attorney or other instruments of writing, shall be as valid, to all intents and purposes, as if such territory had been one of the states of P. L. 864. 23 Feb. 1870 § 1. P. L. 32. in the district of Columbia. this Union. 50. The provisions of the 3d section of the act of assembly, entitled "An act relating to the authentication of letters of attorney, protests of notaries public and Execution of deeds assignments made out of the state, and to the acknowledgment of deeds," approved December 14, 1854, (u) for taking and certifying acknowledgments of deeds and other instruments of writing, executed in any of the United States, are hereby extended to the District of Columbia, with like effect as if the said district had been therein specially mentioned and included. And all such acknowledgments heretofore taken and certified in the said district, in the manner provided in said section, are hereby validated and confirmed, and the deeds and other instruments so acknowledged, and the records thereof when recorded, shall be deemed as valid and effectual as if said district had been mentioned and included in the provisions of said section. 28 April 1876 § 1. P. L. 52. Commissioners may take acknowledgments. 13 May 1875 § 1. P. L. 158. Prothonotary of the northern district. 23 March 1877 § 1. P. L. 29. Commissioners in acknowledgments. 51. All commissioners heretofore appointed, or that may be hereafter appointed, by the courts of this commonwealth, in cities of the first class, shall have full power and authority to administer oaths and affirmations, and to take depositions to be used in evidence in any matter, cause or suit pertaining to any of the courts of this commonwealth, or otherwise; to take acknowledgments of deeds, mortgages, assignments and all other instruments to be recorded within this commonwealth, and also to make the separate examination and take the separate declaration of any married woman with regard to such deed, mortgage, assignment or other instrument; and the said commissioners respectively shall have the right to have and use a seal of office. 52. It shall be lawful for the prothonotary of the supreme court of the northern district of said commonwealth to administer oaths, take depositions, and take acknowledgments or proof of deeds and other instruments of writing, entitled by law to be recorded; and the said deeds, conveyances or other instruments of writing, when so certified to have been acknowledged by the said prothonotary of the said court, under the seal of the said court, shall be as valid, to all intents and purposes, and shall have the like effect, and be in like manner entitled to be recorded, as if the same had been made, acknowledged, or proved and certified in conformity with any law of this commonwealth. 53. In all cases of the sale, conveyance, mortgage, or other instrument of writing, heretofore made, or which may be hereafter made, by any person, or husband and wife, concerning any lands, tenements or hereditaments, or any estate or chancery in foreign interest therein, lying or being within this commonwealth, and heretofore acknowlcountries may take edged or proved, or hereafter acknowledged or proved, before any commissioner in chancery, in any foreign country, according to the forms now or hereafter required by the laws of this state, relative to such acknowledgment or probate, duly certific under the seal of office of such commissioner in chancery, shall be valid, to all intents and purposes, and be in like manner entitled to be recorded, as if the same had been duly acknowledged or proven according to the existing laws of this commonwealth: Provided, That no case heretofore decided judicially shall be affected by this act. 14 April 1828 § 1. 10 Sm. 218. Commissioners to be appointed in the other states, and in the district of Columbia. To take acknowledgments, &c. Ibid. § 2. To have power to (4.) Commissioners to take acknowledgments, &c. 54. The governor of this commonwealth is hereby authorized to name, appoint and commission one or more commissioners in each, or such of the other states of the United States, or in the District of Columbia, as he may deem expedient; which commissioners shall continue in office during the pleasure of the governor; and shall have authority to take the acknowledgments and proof of the execution of any deed, mortgage or other conveyance of any lands, tenements or hereditaments lying or being in this state, any contract, letter of attorney, or any other writing under seal, to be used or recorded in this state; and such acknowledgment or proof taken or made in the manner directed by the laws of the state, and certified by any one of the said commissioners before whom the same shall be taken or made, under his seal, (v) which certificate shall be indorsed on or annexed to said deed or instrument aforesaid, shall have the same force and effect, and be as good and available in law, for all purposes, as if the same had been made or taken before a judge of the supreme court of the United States. 55. Every commissioner appointed as by virtue of this act shall have full power and authority to administer an oath or affirmation to any person who shall be administer oaths, Willing and desirous to make such oath or affirmation before him; and such affidavit or affirmation made before such commissioner, shall and is hereby declared to be as good and effectual, to all intents and purposes, as if taken by any magistrate resident in this commonwealth, and competent to take the same. &c. Ibid. § 3. 56. Every commissioner appointed as aforesaid, before he shall proceed to perform any duty under and by virtue of this law, shall take and subscribe an oath (u) Supra 42. 1835; supra 29; which applies to commissioners in (v) The seal is dispensed with by act 19 February other states. Jacques v. Weeks, 7 W. 261. or affirmation, before a justice of the peace in the city or county in which such 14 April 1828 § 8. commissioner shall reside, well and faithfully to execute and perform all the duties 10 Sm. 218. of such commissioner under and by virtue of the laws of Pennsylvania; which oath To take oath of or affirmation shall be filed in the office of the secretary of this commonwealth. office. 57. All acknowledgments or proofs of the execution of any deed, mortgage or 18 March 1889 § 1. other conveyance of any lands, tenements or hereditaments, lying or being in this P. L. 92. state, any contract, letter of attorney, or any other writing under seal, to be used Acts of commisand recorded in this state, taken or made in due form of law, previously to the sioners after the passage of this act, before any commissioner who had been heretofore duly ap appointments valiexpiration of their pointed and certified in the manner directed by an act to authorize the appoint- dated. ment of commissioners to take the acknowledgments of deeds and instruments of writing under seal, approved on the 14th day of April 1828; and all affidavits or affirmations so made before, and certified by such commissioner, shall be as good, valid and effectual in law, as if the commissioners under or by virtue whereof the said commissioners acted had not expired; and the recording of deeds and instruments of writing under seal, so acknowledged or approved, shall not in any manner be affected or impaired by the expiration of the said commissions; and all the official acts of the said commissioners, and all proceedings in law, had in consequence thereof, shall have the same force and effect, and be as valid in law, as if the said commissioners had been, at the date of the execution of the said official acts, duly named, appointed and commissioned. 58. It shall be the duty of any commissioner appointed for the purposes aforesaid, to publish a notice of his said appointment in the place in which his official acts are to be exercised. Ibid. § 2. Appointment to be published. each of the terri 59. The provisions of several sections of the act entitled "An act to authorize 6 April 1843 § 1. the appointment of commissioners to take the acknowledgment of deeds and P. L. 175. instruments of writing under seal," approved the 14th day of April, Anno Domini Commissioners to 1828, be and they are hereby extended so as to authorize the governor of this be appointed in commonwealth to appoint and commission, in like manner and with like powers, tories. one or more commissioners in each of the territories of the United States.(w) 60. The commissioners appointed or hereafter to be appointed by the governor 9 April 1849 § 15. of this commonwealth, under the authority of the act, entitled "An act to authorize the appointment of commissioners to take the acknowledgment of deeds and instru- Their fees. ments of writing under seal," approved the 14th day of April, Anno Domini 1828, are hereby authorized to demand as their compensation for taking each acknowledgment, the fee of one dollar, and no more. P. L. 527. P. L. 294. 61. All commissions hereafter issued for the appointment of commissioners to 9 April 1856 § 1. take acknowledgment and proof of deeds and instruments under seal, depositions and other papers, under and by virtue of the act of assembly of the 14th of April Term of office. 1828, and its supplements, shall continue in force for five years from their date, and no longer, and may be revoked at any time by the governor; and shall each Tax on commisbe subject to a tax of five dollars, which shall be paid to the secretary of the com- sion. monwealth at the time of issuing the commission, and accounted for as provided by law in the case of other fees. P. L. 484. 62. The governor shall have power to appoint one or more commissioners in any 21 April 1856 § 1. foreign country, who shall continue in office during the pleasure of the governor, and shall have the authority to take the acknowledgment and proof of the execu- Commissioners in tion of any deed or other conveyance or lease of any lands lying in this state, or of foreign countries. any contract, letters of attorney, or of any other writing under seal or not, to be used and recorded in this state. Ibid. § 2. Oath of office. 63. Every such commissioner, before performing any duty, or exercising any power in virtue of his appointment, shall take and subscribe an oath or affirmation before a judge or clerk of one of the courts of record of the state, kingdom or country in which said commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws To be filed with of the state of Pennsylvania; which oath, and a description of his seal of office, and signature. together with his signature thereto, shall be filed in the office of the secretary of this state. 64. The fees for all such services shall be the same as for similar services rendered by commissioners of this state in other states of the Union, the same being reckoned in the money of the United States. (5.) Certain acknowledgments validated. description of seal Fees. Ibid. § 8. 24 Feb. 1770 § 1. 1 Sm. 307. 65. Whereas it has heretofore been the custom and usage ever since the settlement of this province, in transferring the estates of femes covert, in many cases Deeds of husband for the husband and wife to execute the deed or conveyance in the presence of and wife made witnesses only, and in other cases, after such execution, to acknowledge the same prior to the act of before a justice of the peace, or a justice of the county court of common pleas, to be valid, if exeor before one of the judges of the supreme court, the said wife being separate cuted in the presence of witnesses, and apart from her husband examined, by means whereof a very great number or acknowledged.' 24 February 1770, (i) See act 26 March 1862, P. L. 183, for the appoint- acknowledgments of deeds, &c., for Chester and Lanment of commissioners in the army and navy, to take caster counties. 1 Sm. 307. 24 Feb. 1770 § 1. of bonâ fide purchasers for a valuable consideration, under such deeds and conveyances, are now become the just and equitable owners and possessors of such estates: and whereas some doubts have arisen, whether the said deeds are sufficiently valid in law to transfer and pass the estate of the wife in and to the lands, tenements and hereditaments, by the said deeds and conveyances intended to be transferred and conveyed, and it is but just and reasonable that the said purchasers should be quieted and secured, and have, hold and enjoy the lands, tenements and hereditaments, intended by the said deeds and conveyances to be transferred and conveyed, according to the true intent and meaning thereof: Be it therefore enacted, That no grant, bargain and sale, lease, release, feoffment, deed, conveyance or assurance whatsoever, heretofore bonâ fide made and executed by husband and wife, in manner aforesaid, of any lands, tenements and hereditaments whatsoever, shall be deemed, held or adjudged invalid or defective in law, or avoided or prejudiced; but all and every the said grants, bargains and sales, releases, feoffments, deeds, conveyances and assurances, shall be and are hereby declared to be good and valid in law for transferring and passing the estates, rights, titles and interest of such husband and wife, according to the true intent and meaning of the words thereof; saving to every person and persons, bodies politic and corporate whatsoever (other than to the said husband and wife), their heirs and successors, all such rights, titles, estates, claims and interests, as they or any of them have or ought to have of, in or to the said lands, tenements and hereditaments. 3 April 1826 § 1. 9 Sm. 126. Deeds of married women made prior to 1 September 1826, confirmed, notwithstanding defective certificate of acknowledgment. 16 April 1840 § 15. P. L. 361. edged in other states, prior to 16 April 1840, before an officer of such state, authorized 66. No grant, bargain, sale, feoffment, deed of conveyance, lease, release or other assurance of any lands, tenements and hereditaments whatsoever, heretofore bonâ fide made and executed by husband and wife,(x) and acknowledged by them before some judge, justice of the peace, or other officer authorized by law, within this state, or an officer in one of the United States to take such acknowledgment, or which may be so made, executed and acknowledged as aforesaid, before the 1st day of September next, shall be deemed, held or adjudged invalid or defective, or insufficient in law, or avoided or prejudiced, by reason of any informality or omission in setting forth the particulars of the acknowledgment made before such officer as aforesaid, in the certificate thereof;(y) but all and every such grant, bargain and sale, feoffment, deed of conveyance, lease, release or other assurance, so made, executed and acknowledged as aforesaid, shall be as good, valid and effectual in law, for transferring, passing and conveying the estate, right, title and interest of such husband and wife, of, in and to the lands, tenements and hereditaments mentioned in the same, as if all the requisites and particulars of such acknowledgment, mentioned in the act to which this is supplementary, were particularly set forth in the certificate thereof, or appeared upon the face of the same. 67. Any and every grant, bargain and sale, release or other deed of conveyance or assurance of any lands, tenements or hereditaments in this commonwealth, Deeds of husband heretofore bonâ fide made, executed and delivered by husband and wife, (2) within and wife, acknowl- any other of the United States, where the acknowledgment of the execution thereof has been taken, and certified by any officer or officers in any of the states where made and executed, who was, or were authorized by the laws of such state to take and certify the acknowledgment of deeds of conveyance of land there, shall be deemed and adjudged to be as good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife of, in and to the lands, tenements and hereditaments therein mentioned, and be in like manner entitled to be recorded, as if the acknowledgment of the execution of the same deed had been, in the same and like way, manner and form, taken and certified by any judge, alderman or justice of the peace of and within this commonwealth. (a) by the laws thereof to take acknowledgments, to be valid. Ibid. § 16. Deeds of husband and wife made prior to 1 January 1841, confirmed, notwithstanding defective certificate of acknowledgment. 68. No grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment or other assurance of any lands, tenements and hereditaments whatsoever, heretofore bonâ fide made and executed by husband and wife, and acknowledged by them, before some judge, justice of the peace, alderman or other officer authorized by law, within this state, or an officer in one of the United States, to take such acknowledgment, or which may be so made, executed and acknowledged as aforesaid, before the first day of January next, shall be deemed, held or adjudged invalid (2) This act is constitutional. Barnet v. Barnet, 15 S. & R. 72-3. Tate v. Stooltzfoos, 16 Ibid. 35. Mercer v. Watson, 1 W. 356; s. c. 8 Pet. 88. The remedy is not confined to purchasers, but extends to every case of a bona fide conveyance, whether to a volunteer or a purchaser. Mercer v. Watson, 1 W. 330-35. (y) An omission to state that the wife was separately examined is remedied by the act. Tate v. Stooltzfoos, 16 S. & R. 35. And see infra 77. (z) It seems, this section was intended solely to cure defects in the acknowledgment of deeds by husband and wife. Green v. Drinker, 7 W. & S. 444. See Barnet v. Barnet, 15 S. & R. 72. (a) This act makes the record valid against the grantor, but does not divest the title of third persons acquired before its passage. Green v. Drinker, 7 W. & S. 440-44. Rigler v. Cloud, 14 P. S. 364. It extends to and includes a deed from a husband to a trustee for the use of his wife. Rigler v. Cloud, 14 P. S. 361-4. But it does not cure the defects of want of authority in the officer, or of the absence of any evidence of the wife's separate examination. Tarr v. Glading, 1 Phila. 370. And see act 25 April 1850, § 42; supra 32; and infra 70–73. P. L. 361. or defective, or insufficient in law, or avoided or prejudiced, by reason of any in- 16 April 1840 § 16. formality or omission in setting forth the particulars of the acknowledgment made before such officer, as aforesaid, in the certificate thereof, but all and every such grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment or other assurance so made, executed and acknowledged as aforesaid, shall be as good, valid and effectual in law, for transferring, passing and conveying the estate, right, title and interest of such husband and wife, of, in and to the lands, tenements and hereditaments mentioned in the same, as if all the requisites and particulars of such acknowledgment, mentioned in the act, entitled "An act for the better confirmation of the estates of persons holding or claiming under femes covert, and for establishing a mode by which husband and wife may hereafter convey their estates," passed the 24th day of February 1770, were particularly set forth in the certificate thereof, or appeared on the face of the same.(b) P. L. 352. Probates of deeds 69. All probates of deeds or other instruments of writing, touching or concern- 5 May 1841 § 12. ing any lands, tenements or hereditaments, situate, lying and being in any part of the commonwealth, taken or made before the mayor or recorder of the city of Philadelphia, prior to the passage of the act of 9th January 1817, which would have before the mayor been good and valid if said act of 9th January, 1817(c) had been in force at the or recorder of Philtime of the taking or making of said probates, shall be and are hereby declared to act of 9 January be as good and effectual, and may be recorded in the proper county, in like 1817 to be valid. manner, as if said probates had been taken and made subsequent to the passage of said act. adelphia, prior to and wife, made 70. All grants, conveyances, extinguishments of titles and releases of interests of and to any real estate in this commonwealth, bearing date (prior) to the year 10 April 1849 § 4. P. L. 619. 1818, and signed and executed by a married woman or women, in conjunction with her or their respective husbands, and for which said grant, conveyance, Deeds of husband extinguishment of title, or release, the consideration was received by the respective prior to 1815, to be husband or parties so signing and executing, shall be taken to be effectual for the valid, notwithgranting, conveying, extinguishing and releasing the said interest of any such standing defective acknowledgment married woman or married women, intended and expressed in any such grant, of wife. conveyance, extinguishment or release, although such grant, conveyance, extinguishment or release may not have been acknowledged by such married woman or women, in the form prescribed by the laws of this commonwealth for the granting of estates (of) femes covert. P. L. 633. have been recorded 71. All deeds and conveyances in due form for lands within this state, which 15 April 1851 § 10. purport to have been executed and acknowledged or proved without the limits of this state, and which have been recorded in any county of this state in which any Deeds made out of part of the lands conveyed lie for a period of thirty years previous to the passage the state, which of this act, notwithstanding such deeds and conveyances shall not have been for 30 years, to be acknowledged or proved, at the time they may have respectively (been) recorded, valid, notwithaccording to the requirements of the then existing laws of this commonwealth standing defective acknowledgments. in relation to the recording of deeds, shall be received and admitted in evidence in like manner and with like effect as if the same had been duly acknowledged or proved at the time of their being respectively executed, or previous to their being recorded.(d) 72. The 10th section of the act of 15th of April 1851,(e) to incorporate the 18 March 1852 § 4. Meadville cemetery, &c., which provides for deeds defectively acknowledged out P. L. 646. of the state, shall apply to cases only when possession of the land has been held When possession by the person or persons claiming under such title, during the period named in has accompanied said action. the title. P. L. 572. officers of other 73. Any and every deed of grant, bargain and sale, release, or other deed of 5 May 1854 § 1. conveyance or assurance, of any lands, tenements or hereditaments in this commonwealth, heretofore bonâ fide made, executed and delivered by husband and Deeds acknowl wife, or other grantor or grantors, within any other of the United States, where edged before the acknowledgment of the execution thereof has been taken and certified by any states to be valid. officers in the state where the same was made and executed, and the acknowledg ment thereof taken, who was authorized by the laws of such state to take and certify the acknowledgment of deeds of conveyance of lands therein, shall be deemed and adjudged to be as good, valid and effectual in law, for transferring, passing and conveying the estate, right, title and interest of such husband and wife, or other grantor or grantors, of, in and to the lands, tenements and hereditaments therein mentioned, and be in like manner entitled to be recorded, and if recorded, such record thereof shall be as good and effectual, as if the acknowledgment of the execution of the same deed had been in the same and like way, manner and form, taken and certified by any judge, alderman or justice of the peace of and within this commonwealth.(g) 20 March 1860 § 1. 74. Whenever any deed of conveyance or other instrument of writing has been P. L. 204. (b) The 15th and 16th sections of the act 16 April 1840, were re-enacted by acts 11 April 1848, P. L. 526; and 24 January 1849, P. L. 676; and again by act 25 April 1850, § 41, P. L. 576. And see Tarr v. Ġlading, 1 Phila. 370. (c) See supra 39, note o. (d) See infra 72. And see act 17 April 1866, for special provisions as to Mifflin county. P. L. 1004. (e) Supra 71. (g) This act is constitutional; it applies to mortgages as well as conveyances. Journeay v. Gibson, 56 P. S. 57. |