Pennsylvania Act 1923-157 — INTERSTATE TRANSFER OF LAND TITLES

Act text

INTERSTATE TRANSFER OF LAND TITLES
                  Act of May 16, 1923, P.L. 242, No. 157              Cl. 68
                                  AN ACT

     Providing for the transfer to Pennsylvania of the titles to, and
        liens affecting, any lands theretofore regarded as being in
        the State of Delaware but found to be in Pennsylvania, in
        accordance with the interstate boundary run by the joint
        commission of said States appointed by virtue of the act of
        Assembly of Pennsylvania, approved the fourth day of May, one
        thousand eight hundred and eighty-nine (Pamphlet Laws,
        eighty-one), entitled "An act relative to the boundary lines
        and boundary line monuments."

        Whereas, By virtue of the act of Assembly of Pennsylvania,
     approved the fourth day of May, one thousand eight hundred and
     eighty-nine (Pamphlet Laws, eighty-one entitled "An act relative
     to the boundary lines and boundary line monuments," a commission
     in cooperation with a like commission appointed by the State of
     Delaware was authorized to examine, survey, and reestablish the
     boundary line between said States, and said joint commission in
     pursuance thereof, in the year one thousand eight hundred and
     ninety-two, ran and located a boundary line and marked the same
     with stone monuments upon the ground, and their action was duly
     ratified and confirmed by the State of Pennsylvania by the act
     of Assembly, approved the twenty-second day of June, one
     thousand eight hundred ninety-seven (Pamphlet Laws, one hundred
     and eighty-two), entitled "An act providing for the acceptance,
     approval, and confirmation of the report of the commission
     appointed in pursuance of the act, approved the fourth day of
     May, Anno Domini one thousand eight hundred and eighty-nine,
     authorizing the examination, survey, and reestablishment of the
     circle of New Castle, as the boundary line between Pennsylvania
     and Delaware," and by the State of Delaware by act of the
     twenty-eighth day of March, one thousand nine hundred and
     twenty-one, and also by Congress by act of the thirtieth day of
     June, one thousand nine hundred and twenty-one, thereby making
     it the legal boundary between said States.

        Section 1.  Be it enacted, &c., That it shall be lawful for
     any person or persons, body politic and corporate, his, her, or
     their agent or attorney, who may own or have any interest in or
     claim to, upon, or against lands and tenements heretofore
     supposed to be within the limits of the State of Delaware and
     which are now found by the said survey to be within the limits
     of the State of Pennsylvania, to procure copies, duly certified
     and authenticated according to the laws of the State of
     Delaware, of all deeds, conveyances, assurances, agreements, or
     other instruments of writing affecting or in anywise relating to
     any of said lands and tenements, or the titles thereof, and
     which shall have been duly recorded in the proper office for
     recording like papers or instruments within the county of New
     Castle in the State of Delaware, and have the same recorded in
     the office for the recording of deeds in the county within this
     State in which the same are now found, as aforesaid, to be
     situate; and it is hereby made the duty of the recorder of deeds
     of said last mentioned county or counties to receive and record
     the same on the payment of the usual fees for like services,
     and, when so recorded, the same shall have the like force and
     efficacy, validity, and effect as if the same had been
     originally therein recorded at the time the same were recorded
     in the State of Delaware; and copies, duly certified and
     authenticated of such records so made within this State, shall
     be evidence in all cases and for all purposes for which the
     original papers or instruments, or copies of the original record
     thereof, would be evidence in this State, and as if such record,
     hereby authorized, had been made from the original papers
     themselves.
        Section 2.  Copies, certified and authenticated in the manner
     required in the preceding section, of all mortgages, judgments,
     recognizances, or other liens or debts of record, which shall be
     outstanding and subsisting, at the time of such transfer, in the
     county of New Castle in the State of Delaware, and binding or
     affecting any of the lands and tenements hereinbefore mentioned
     had the same been within the limits of the said State, may be
     transferred to, and recorded or entered of record in the proper
     office in, any county in this State within which such lands and
     tenements are now found to lie by the proper officer or any
     party in interest, his, her, or their agent or attorney,
     presenting the same for record or entry, and on payment of the
     fees allowed by law for similar services; the proper officer to
     whom they are so offered for entry or record shall enter and
     record the same, and such entry or record, when so made, shall
     relate to the date of their original entry and be of the like
     force and effect as if originally made in said county in this
     State, and copies thereof shall be evidence in the same manner
     and under the same restrictions as are mentioned and prescribed
     in the preceding section of this act.
        Section 3.  All titles to lands along said line at any time
     heretofore sold under execution issued out of any of the courts
     of the State of Delaware, or upon proceedings in partition in
     any of the said courts, or by virtue of any order or orders of
     any of the said courts, which lands are now found to be within
     the limits of the State of Pennsylvania, shall be deemed and
     taken to be good and valid to all intents and purposes as if the
     said lands were within the limits of the State of Delaware.