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§ 42. Deeds to be acknowledged before recording

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 21 P.S. Deeds and Mortgages

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 21 P.S. Deeds and Mortgages (Refs & Annos)
Chapter 1. Deeds and General Provisions
Execution, Probate and Acknowledgment
General Provisions
21 P.S. § 42
§ 42. Deeds to be acknowledged before recording
All bargains and sales, deeds and conveyances of lands, tenements and HEREDITAMENTS, in this province, may be recorded in the said office;1 but before the same shall be so recorded, the parties concerned shall procure the grantor or bargainer named in every such deed, or else two or more of the witnesses (who were present at the execution thereof), to come before one of the justices of the peace of the proper county or city where the lands lie, who is hereby empowered to take such acknowledgment of the grantor, if one, or of one of the grantors, if more.

Credits

1715, May 28, 1 Sm.L. 94, § 2.
REPEALED IN PART
<The act of May 28, 1715, 1 Sm.L. 94, and the act of March 18, 1775, 1 Sm.L. 422, are repealed by act of 1955, Aug. 4, P.L. 303, § 3, in so far as they are inconsistent with the latter act. Sections 1 and 2 of the 1955 act, regulating the recording of instruments by the commissioner of records in the city of Philadelphia, appear as 21 P.S. §§ 329, 330.>
<The act of May 28, 1715, 1 Sm.L. 94, is repealed insofar as inconsistent with the Mortgage Satisfaction Act, 2002, Dec. 9, P.L. 1530, No. 197, effective in 60 days, pursuant to § 11 of said act. See 21 P.S. § 721-1 et seq.>
HISTORICAL AND STATUTORY NOTES
Act 1978-53 legislation
Section 3(d) of Act 1978, April 28, P.L. 202, No. 53 (the Judiciary Act Repealer Act) [42 P.S. § 2003(d) ], provides:
“An express reference in any statute or other law to a justice of the peace or to the office of justice of the peace shall hereafter be deemed a reference to a district justice or to the office of district justice. Any person appointed or elected to judicial office in a magisterial district shall be known as and hereafter shall be commissioned as the ‘district justice’ in and for the appropriate magisterial district.”
Power conferred
The power to take acknowledgments was conferred on the mayor of the Northern Liberties, by act of 1850, April 2, P.L. 312; on the mayor and aldermen of Allegheny, by act of 1840, April 13, P.L. 303, § 17; on the mayor, recorder and alderman of Carbondale, by act of 1851, March 15, P.L. 163; on the mayor, recorder and aldermen of Scranton, by act of 1866, April 23, P.L. 1034; on the mayor and recorder of Williamsport, by act of 1870, March 22, P.L. 525; and on the mayor and aldermen of Lock Haven, by act of 1870, March 28, P.L. 619.

Footnotes

The “office for recording of deeds” established by section 1 of the act (16 P.S. § 9701).
21 P.S. § 42, PA ST 21 P.S. § 42
Current through 2018 Regular Session Act 164 (End)
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