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Binns's Justice : Digest of the Laws and judicial decisions of Pennsylvania, touching the authority and duties of justices of the peace: including all the required forms of process, docket entries, and fee bills; with familiar illustrations of the practice in the office, and directions as to service of process; correct endorsements for the constable, & c. ; the whole law in relation to landlord and tenant; insolvent debtors; elections; and fees: the general enactments of the inspection laws; militia laws; and many other laws: with an infinite variety of law forms, arranged, so as to be easy of access to those who may wish to consult them: will also be found in this volume / by John Binns
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191

DEEDS AND MORTGAGES.

ances, letters of attorney, or instruments of writing, being first proved, or the acknow-ledgment thereof being first duly taken and made, in the manner directed and providedby the laws of this commonwealth, before any consul or vice-consul of the UnitedStates , duly appointed for and exercising consular functions in the state, kingdom,country, or place where such deeds or conveyances, letters of attorney or instrumentsof writing may or shall be made and executed, and certified under the public officialseal of such consul or vice-consul of the United States , shall be as valid and effectualin law as if the same had been made and duly proved or acknowledged before a justiceof the peace or other officer within this commonwealth, having authority to take suchproof or acknowledgments, according to the existing laws of this commonwealth.

Act of March 28, 1820. 7 Smith, 303. Purd. 259.

An Act relative to Mortgages.

24. Sect. I. All mortgages, or defeasible deeds in the nature of mortgages, madeor to be made or executed for any lands, tenements or hereditaments within this com-monwealth, shall have priority according to the date of recording the same, withoutregard to the time of making or executing such deeds ; and it shall be the duty of therecorder to endprse the time upon the mortgages or defeasible deeds when left forrecord, and to number the same according to the time they are left for record, and iftwo or more are left upon the same day, they shall have priority according to thetime they are left at the office for record. And no mortgage or defeasible deed in thenature of a mortgage shall be a lien, until such mortgage or defeasible deed shall havebeen recorded or left for record as aforesaid : Provided, that no mortgage given forthe purchase money of the land so mortgaged, shall be affected by the passage of thisact, if the same be recorded within sixty days from the execution thereof.

Act of April 14, 1828. Purd. 262.

Ara Act to authorize the Appointment of Commissioners to take the Acknowledgmentof Deeds and Instruments of Writing under Seal.

25. Sect. I. The governor of this commonwealth is hereby authorized to name,appoint and commission one or more commissioners in each, or such of the other statesof the United States, or in the District of Columbia , as he may deem expedient; whichcommissioners shall continue in office during the pleasure of the governor; and shallhave 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 beingin this state, any contract, letter of attorney, or any other writing under seal, to beused or recorded in this state; and such acknowledgment or proof taken or made inthe manner directed by the laws of this state, and certified by any one of the saidcommissioners before whom the same shall be taken or made under his seal, whichcertificate shall be endorsed on or annexed to said deed or instrument aforesaid, shallhave 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 theUnited States .

26. Sect. 11 . Every commissioner appointed by virtue of this act shall have full powerand authority to administer an oath or affirmation to any person who shall be willingand desirous to make such oath or affirmation before him; and such affidavit oraffirmation, made before such commissioner, shall and is hereby declared to be as goodand effectual to all intents and purposes as if taken by any magistrate resident in thiscommonwealth and competent to take the same.

27. Sect. III. Every commissioner appointed as aforesaid, before he shall proceedto perform any duty under and by virtue of this law, shall take and subscribe an oathor affirmation before a justice of the peace in the city or county in which such com-missioner shall reside, well and faithfully to execute and perform all the duties of suchcommissioner under and by virtue of the laws of Pennsylvania , which oath or affirma-tion shall be filed in the office of the secretary of this commonwealth.

 
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