RECEIVING STOLEN GOODS.

See CRIMES.

RECOGNIZANCES.

See CRIMINAL PROCEDURE; FINES AND RECOGNIZANCES.

RECORDER OF DEEDS.

See COUNTY OFFICERS; DEEDS AND MORTGAGES; PROTHONOTARIES; RECORDS.

RECORDING.

See DEEDS ANd MortgageS; RECORDS.

RECORDS.

1. From and after the first day of July, Anno Domini one thousand eight hundred and ninety-three, any and all person or persons, who shall offer for probate any will or codicil, or who shall offer any deed, mortgage, agreement, lease or release, commission, power of attorney, or any other written or printed instrument to be recorded in any register's or recorder's office, or court of record, within this commonwealth, or to be filed in said office or court as required by law, and which shall be in any other than the English language, shall furnish at his, her or their

P. L. 188.

expense, the register, clerk of the orphans' court, recorder, prothonotary or other 31 May 1893 § 1. person in charge of such office wherein the same is to be filed or recorded, with a sworn translation in English of such written or printed instrument thus offered, sworn translation and the person in charge of said office shall attach or cause to be attached such to be attached to translation to the original and file both the original and the translation of record original paper. in his office in all cases where filing is now or hereafter may be required by law, but in all cases where recording is now or hereafter may be required both the original and translation in English shall be recorded.

Ibid. § 2.

2. The clerk or person in charge of such records shall not file or mark filed, record or mark recorded, any written or printed instrument in violation of this act, Papers not connor shall any paper filed or recorded in violation of this act be notice to any person forming to this act in any legal proceeding whatever, nor be received or considered in evidence in any not to be filed or proceeding at law or equity.

3. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

recorded.

Ibid. § 3.

Repealing clause. 17 June 1889.

P. L. 677.

4. The books required for records in the offices of the prothonotaries and clerks of the several courts of this commonwealth, and in the offices of the register of wills and recorder of deeds of the several counties, shall be purchased by the proper Books to be paid officer, and paid for out of the county treasury, by orders drawn on the treasurer, for by the county. by the commissioners of the proper county.(t)

5. It shall be the duty of the commissioners of the several counties of this 29 March 1527 § 1. commonwealth, whenever it shall be deemed necessary by the court of common 9 Sm. 319. pleas or district court of the proper county, (u) to cause to be copied or transcribed, When dockets to in a fair and legible manner, any dockets or books of record contained in the sey- be transcribed at eral public offices, in their respective counties, to be paid for out of the county expense of the funds, by orders drawn by the commissioners, on the treasurer of the proper

county.

county.

Ibid. § 2.

6. When said copies shall have been completed, it shall be the duty of the proper officer of the department to which such book or books belong, to certify at the end of the same, that it is a true and correct copy of the original, and shall affix the Copies to be

seal of his office thereto.

authenticated.

Ibid. § 4.

nually submitted

7. At least once in each and every year, it shall be the duty of each of the aforesaid prothonotaries, and of each of the clerks of the several courts of quarter sessions of the peace, and of each of the clerks of the several orphans' courts, and Records to be anof each of the recorders of deeds and registers of wills, in the several counties to the judges. of this commonwealth, to submit the books of records belonging to their several offices, to the inspection of the judges of the court of common pleas of the proper county; and it shall be the duty of the said court to order and direct such of the said books, as in their opinion, may require it, to be bound anew; and also, in all them to be recases where the same may be wanting, to order and direct full and complete indexes bound, or indexes of the matters contained in said books, to be made and prepared, within such time to be made. as the said court may think reasonable.(r)

Who may direct

Ibid. § 6.

by the county.

8. The expense of binding all such books as shall be bound in compliance with the provisions of this act, and of making and repairing all such indexes as aforesaid, shall be paid out of the county treasury, of the proper county, by warrants Expense to be paid drawn by the county commissioners, upon the treasurer of such county: Provided, That no officer mentioned in this act shall receive from the county funds, any pay or compensation for any index or indexes by him made, of any matters or things which may have been recorded in his office after the passage of this act.(w)

Ibid. § 3.

Judgment-docket

9. It shall be the duty of each of the prothonotaries of the several courts of common pleas, [district courts and circuit courts] in this commonwealth to make, prepare and keep a docket, to be called the judgment-docket, (x) in which said to be kept. docket no case shall be entered until after there shall have been a judgment or award of arbitrators in such case, and into which shall be copied the entry of every judgment and every award of arbitrators, immediately after the same shall What to be enhave been entered; which entries, so to be made in the said judgment-docket, tered therein. shall be so made that one shall follow the other in the order of time in which the said judgments and awards shall have been rendered, entered or filed, as aforesaid; and the entries in each case in said judgment-docket shall particularly state and set forth the names of the parties, the term and number of the case, and the date, and in case the judgment shall be for a sum certain, the amount of the judgment or award; and when any judgment shall be revived by scire facias or otherwise, or when any execution shall issue in any case, a note thereof shall be made in the proper judgment-docket, at the place where the other entries in such case may have been made; and whenever any transcript of any testatum execution, or

(t) See Smith v. Philadelphia, 5 Phila. 1.

(u) Extended to the supreme court, by act 28 April 1857, P. L. 353.

(*) See tit. "Registers of Wills." Under this act the court may commit the work of preparing indexes for the records in the register's office to any competent person and may require the register to permit such

person to take the records from time to time from the office for such purpose. McCommon v. Spong, 14

Atlan. 260.

(w) See act 5 April 1859, P. L. 359, as to indexes in Union county.

(x) See tit. “Judgments."

9 Sm. 319.

29 March 1827 § 8. any transcript showing the balance appearing to be due, from any executor, administrator or guardian, or from any collector of any township, ward or district, shall be delivered to any of the said prothonotaries, the docket-entries made in such case shall be copied into the said judgment-docket, in like manner as judgments and awards are herein directed to be copied; and the fee for all the entries made in each case, in the judgment-docket, shall be twelve and a half cents, and

Fees.

Ibid. § 5.

Indexes to be pared.

Ibid. § 7.

pre

Penalty for neglecting to make such indexes.

no more.

10. For each and every of the books of records belonging to the several offices of the prothonotaries aforesaid, there shall be made, prepared and kept, at least two indexes of the matters contained in such books, one of which said indexes shall, among other things, contain the names of plaintiffs, and the other the names of defendants, so arranged as to afford an easy and ready reference to said matters. And there shall also for each and every of the books belonging to the several offices of the recorders of deeds aforesaid, in which deeds or mortgages may be recorded, be prepared and kept two indexes, one in which the names of grantors or mortgagors, and one in which the names of grantees or mortgagees, as the case may require, shall be so arranged as to afford an easy and ready reference to the matters in said last-mentioned books. (y)

11. It shall further be the duty of each and every of the officers mentioned in the 4th section of this act, to make, prepare and keep in their several offices, all such indexes as are by this act directed to be made, prepared and kept; and if any such officer shall refuse or neglect to make, prepare and keep any such index as aforesaid, and shall be thereof convicted, the court of quarter sessions of the peace of the proper county shall, for every such offence, impose a fine upon such officer, of not less than ten or more than fifty dollars, for the use of such county, the payment of which fine shall be enforced as the payment of other fines imposed by said courts are now enforced. And if any such officer shall, at the expiration of his term of office, have neglected to make, prepare and keep such indexes as aforesaid, for the time, or any part of the time, he may have been in office, the county commissioners of the proper county shall direct the official bond or recognizance of such officer to be put in suit, for the use of the county, and such suit or suits shall be proceeded in, as is done in other cases of suits upon official bonds or recognizances, and there shall be recovered in such case or cases, for the use of the county, the amount of the cost and charges of making and preparing such index or indexes as may as aforesaid be wanting, besides costs of suit. And any Or to keep judg- prothonotary who shall neglect to prepare and keep the judgment-docket, directed to be prepared and kept by this act, shall be liable to like fines and suits upon his official bond or recognizance, as he would be for refusing or neglecting to make, prepare and keep the indexes which this act makes it his duty to make, prepare and keep; and in such last-mentioned case or cases, there shall be recovered, for the use of the proper county, a sum or sums sufficient to pay the cost and charge of making and preparing such judgment-docket, for and during the time such prothonotary shall have neglected to prepare and keep the same.

ment-docket.

3 April 1843 § 1. P. L. 127.

ance-dockets to be valid.

12. The omission or failure heretofore of the prothonotaries, clerks or other proper officers of the courts of the several counties of this commonwealth, to tranCertain judgments scribe into or enter upon the judgment or lien-dockets of their respective courts, entered on appear any judgment or judgments, or other liens, according to the 3d section of the act of 1827 aforesaid, which have been properly entered upon the appearance or continuance-dockets, shall in nowise invalidate or impair such judgments or liens. And all such judgments and liens which shall have been so entered upon the appearance or continuance-dockets shall be deemed good and valid, to all intents and purposes, as though they had been duly entered upon the judgment or liendockets according to the requirements of the act aforesaid: Provided, That nothing contained in this act shall hereafter release prothonotaries or other proper officers of the courts of this commonwealth from keeping a judgment or lien-docket, according to the requirements and provisions of the act of 29th of March 1827 aforesaid: And provided further, That purchasers bonâ fide, without notice of the omission to make the entry upon such judgment-docket, shall not in any way be affected by the provisions of this act.(z)

25 April 1850 § 18. P. L. 572.

ditors' reports to

13. The several clerks of the orphans' courts of the counties of this commonwealth are hereby authorized and required to place upon record, in a fair, legible Accounts and au- hand, in a book or books to be provided for that purpose, all accounts of executors, administrators and guardians, as well as all reports of auditors appointed by the orphans' courts of the several counties of this commonwealth, omitting the testimony and documents accompanying the same: the fees for this service to be one-half of the amount now allowed by law for the recording of deeds. (a)

be recorded in the orphans' court. Fees.

(y) This does not require the recorder to keep a general index. Schell v. Stein, 76 P. S. 398.

(z) See tit. "Judgments."

(a) By act 29 March 1851, § 7, P. L. 732, the judges of the orphans' court of Lebanon county are authorized to direct the clerk of the said court to copy in a book, to be provided for that purpose, all

accounts of executors, administrators and guardians, and auditors' reports filed and confirmed in said court, from 25 April 1845, to 25 April 1850, at the expense of the county. See act 16 April 1858, P. L. 312, as to Chester county; and act 11 April 1859, P. L. 460, as to certain records of Schuylkill county.

14. It shall also hereafter be the duty of the prothonotaries of the various courts 25 April 1850 § 19. of common pleas and district courts of this commonwealth, to record, in a book or P. L. 572. books to be procured for that purpose, all accounts of assignees, trustees, seques- And in the comtrators and committees, and all reports of auditors thereon, omitting the evidence mon pleas. upon which such reports are based; and all reports of distributions or appropriations made by the various sheriffs of the commonwealth and filed in their offices respectively; for which services the said prothonotaries shall be allowed one-half the fees now allowed by law for similar services.

Ibid. § 27.

Partition-docket to

15. It shall be the duty of the prothonotaries of the supreme court, and of the several district courts and courts of common pleas having jurisdiction in cases of partition, and they are hereby required to enter at length, in a book to be pro- be kept. cured for that purpose, to be called the partition docket, all the proceedings in partition, in every case in their respective courts, from the commencement to the final judgment and decree thereon, and which shall be and the same is hereby made the record of said court; for which service such prothonotary shall be entitled to receive the same fees as the recorders of deeds receive for recording, to be Fees. taxed and paid as part of the costs of such proceedings.(b)

3 Sm. 320.

16. The commissioners of the county of Philadelphia be and they are hereby 21 March 1798 § 1. authorized and required forthwith to furnish the clerk of the general quarter sessions of the peace for said county with one or more blank paper-books, in which Road-docket to be it shall be the duty of the said clerk to copy or cause to be copied all the records kept. of the several roads heretofore laid out or which hereafter may be laid out in the said county; and the expense incurred in the purchase of the said book or books, and in copying therein the said records, shall be defrayed by the said commissioners out of the county stock.(c)

Ibid. § 2.

17. The copies of the said records having been entered in one or more books as aforesaid, and carefully collated with the originals by the said clerk, and a certifi- Exemplifications cate thereof laid before the court of general quarter sessions of the peace for the to be evidence. county of Philadelphia as aforesaid, shall from thenceforth be considered as matter of record; and all exemplifications therefrom shall have the same force and effect, as if the same were made from the original records.

P. L. 532.

18. No purchaser or mortgagee shall be affected with notice of the pendency of 22 April 1856 § 2. any ejectment or action to recover real estate, or to compel a conveyance thereof, unless such action shall be indexed against the defendant, and any terre-tenant Ejectment-index. made a party thereto, in a book to be kept by the prothonotary, and called the ejectment-index; for which the plaintiff shall furnish the necessary information.

17 June 1839. P. L. 678.

19. It shall be the duty of the judges of the courts of common pleas of the several counties of this commonwealth, as often as the recorder of deeds, register of wills or clerk of the orphans' court of any county shall be superseded, and as Judges to examine much oftener as shall be requisite, to ascertain if the records, books, indexes and if records have files of their respective offices to be kept and left as the law contemplates; and if been duly kept. neglect is apparent to direct the deficiency to be performed by the proper officers;

and where the same arose from the neglect or misconduct of a preceding officer, To direct defects they shall assess and order a just and reasonable compensation for said service, to to be supplied. be by said court certified to the commissioners, and paid out of the treasury of the

proper county.

their records, de

20. It shall be the duty of the judges of the several courts of this common- When prothonotawealth, as often as the prothonotaries or clerks of their respective courts shall be ries, &c., have negsuperseded, and as much oftener as they may deem expedient, to ascertain whether lected to keep up the books, files, indexes and papers of the respective offices are kept and left as fects to be supplied the law contemplates; and if neglect and deficiency appear, to direct the same to at expense of the be performed by the proper officer; and where the same arose from the neglect or misconduct of a preceding officer, they shall order the commissioners of said county to pay for the same, by orders drawn on the county treasurer, such reasonable, fair and equitable compensation as said judges may deem just and proper.

county.

21. It shall be the duty of the county commissioners aforesaid, when they have To be collected paid such compensation, ordered to be paid as aforesaid, to proceed to collect the from defaulters. same, for the use of the county, of the defaulting officer.

P. L. 578.

22. All the powers and authorities conferred upon the supreme court and the 25 April 1850 § 26. several courts of common pleas, by the 13th section of the act relative to the jurisdiction and powers of the courts, passed the 16th day of June 1836, relating to Testimony of lost the "perpetuation of testimony," shall be and the same is hereby extended and records may be made applicable to the perpetuation of testimony, in cases of lost or destroyed perpetuated. records of any of the courts of record in this commonwealth, whether such records were lost or destroyed before or after the passing of this act; and the same proceedings, orders, decrees and judgments shall be had therein, mutatis mutandis, as in cases now authorized by law, and with the like effect; and when proved, such record shall have the same legal operation as the original record would have

(b) By act 10 April 1851, § 20, the prothonotary of the court of common pleas of Philadelphia county is required to have copied and recorded all the deeds of partition, and other deeds remaining of record in his office, and any plans that may accompany the same,

to which he shall prepare a general alphabetical index; the cost to be paid by the county commissioners. P. L. 877.

(c) This section is extended to Cumberland county by act 12 April 1851, § 8, P. L. 439.

23 Apri

1850 § 26. had: Provided, That in all cases the application to perpetuate testimony shall be made in the same court in which the record may be lost or destroyed.

L. 573.

30 April 1850 § 1. P. L. 640.

a justice may be

supplied.

23. In all cases where the docket of any acting alderman or justice of the peace shall have been, or may hereafter be destroyed or lost, it shall be lawful for any How lost record of person or persons interested in any action pending, or judgment had, and who may be desirous to have the same supplied, to apply to such alderman or justice by petition, setting forth the proceeding to be supplied, and verified by affidavit; whereupon the said alderman or justice shall issue a precept, in the nature of a writ of summons, which shall be served as in other cases, requiring the defendant in such action or judgment, or his representatives, to appear before such alderman or justice, on a day certain, to be named in said writ, not less than five nor more than eight days from the issuing thereof, and show cause why the prayer of the petitioner should not be granted. And in all cases where the facts set forth in such petition shall be denied, it shall be the duty of such alderman or justice to hear the parties and receive testimony as in other cases, as well as his own testimony, upon affidavit, as the testimony of others, and upon the hearing thereof, if the said alderman or justice shall be of the opinion that the facts alleged in such petition are true, or in case such facts be not denied, he shall order that the said proceedings be supplied, and shall thereupon enter the same upon his docket; which said entries shall have the same force and effect as if the original record had not been lost or destroyed, and either party may have his remedy by appeal or certiorari, as in other cases.

19 April 1856 § 1. P. L. 458.

the records in Philadelphia. If not properly

kept, to cause it to

24. It shall be the duty of the judges of the several courts of record of the county of Philadelphia, and of the supreme court for the eastern district of PennJudges to examine sylvania, to ascertain the condition of the records of the court, and if the same be not properly arranged, labelled and recorded, the clerks and prothonotaries of the several courts shall cause the same to be so done, in manner for convenient reference and their safe preservation, by a person or persons to be appointed by them; and the expenses to be incurred by this service, on the first occasion, shall be paid by an order of the president judge of the court on the city treasurer, after an appropriation therefor by the councils of the city of Philadelphia: Provided, That the expenses of so arranging and labelling, and preparing papers for recording, shall not, in any one office, exceed, in Philadelphia, one thousand dollars, nor be at a greater rate than two dollars per day, to any person who shall fully devote all his time, to the satisfaction of the court, in such service.

be done.

Expenses, how paid.

Limitation.

Ibid. § 2. What to be recorded.

to be evidence. Fees.

25. The records required to be recorded under this act, in addition to others now required by law to be recorded, shall be all fines, recoveries and other proceedings to bar entailments or contingent remainders, all reports and sheriff's inquests to make partition of real estate, and all reports of juries, laying out public highways which have been confirmed by court, together with the judgment, order or decree of the court thereupon made, and which shall not have been heretofore Exemplifications recorded; and the books containing such records now existing, and those to be made, with exemplifications therefrom, shall be received in all courts of justice as competent evidence. And the prothonotaries and clerks of court shall receive the same compensation for copying and exemplifying such records, as by law the recorder of deeds can charge, and be subject to the same penalty for any excess in taking fees; and the cost of recording all such records relating to real estate and roads, now in arrear, shall be paid by orders as aforesaid upon the county treasurers where such real estate and roads are situated; and all future cases shall be recorded at the expense of the parties instituting the proceeding, and be recoverable from them by law; and the prothonotary or clerk shall be entitled to demand and receive the fees therefor, before placing the same of record.

Expenses of recording, by whom

paid.

Ibid. § 3.

Penalty for neglecting to keep records.

Ibid. § 4.

26. Any prothonotary or clerk of court, who shall hereafter neglect to record all such records as the law requires, and to keep arranged and carefully preserved the public records under his care, in manner as directed by the court, shall be guilty of a misdemeanor in office, and upon conviction of such delinquency in the discharge of his duty, shall be fined, in the discretion of the court of quarter sessions of the proper county, in any sum not exceeding five hundred dollars, for the use of the county.

27. It shall be the duty of every register of wills to keep a minute-book, duly indexed, in which shall be entered minutes, showing what papers have been filed Registers to keep in his office, and also what collateral inheritance taxes have been paid, and on what estates.

minute-books with index.

Ibid. § 5.

delphia.

28. It shall be the duty of the register of wills, in Philadelphia county, to keep a minute-book, in which shall be entered minutes, showing what papers have been How kept in Phila filed in his office, and also what collateral inheritance taxes have been paid, and on what estates, and receive therefor ten cents for making said entry of each paper, and each item of property briefly described; and for certificates thereof, the same fees as for recording done in his office, besides thirty-seven and a half cents for the seal.

Fees.

21 Feb. 1868 § 1. P. L. 41.

29. The secretary of the commonwealth be and is hereby authorized and required to record, in suitable books to be procured by him for that purpose, the official bonds of the state treasurer, auditor-general, attorney-general, secretary of