Pennsylvania Act 1895-87 — STANDING TIMBER, CONVEYANCE OF PERMITTED

Act text

STANDING TIMBER, CONVEYANCE OF PERMITTED
                  Act of May 22, 1895, P.L. 113, No. 87               Cl. 68
                                  AN ACT

     To provide for the making, acknowledging and recording of deeds,
        conveyances and contracts for the sale and conveyance of
        standing or growing timber or bark thereon, and defining the
        interest vested by such deeds, conveyances and contracts, and
        making valid the record of deeds, conveyances and contracts
        therefor.

        Section 1.  Sale of timber or bark by deed
        It shall be lawful for the owner or owners of land, timber or
     bark, or for any person or persons having an interest therein,
     to grant, bargain and sell, or contract to sell, by deed,
     conveyance or contract in writing, signed by the grantor or
     grantors therein, and proved or acknowledged by them, as now
     required by law of this Commonwealth for the signing and
     acknowledging of deeds, all or any right, title, claim or
     interest such grantor or grantors may have in or to any standing
     or growing timber, or the bark thereon, upon any lands in this
     Commonwealth; and any such deed, conveyance or contract shall be
     taken and deemed as a deed, conveyance or contract conveying and
     vesting an interest in land. 1895, May 22, P.L. 113, Sec. 1.
        Section 2.  Deeds to be recorded; effect; evidence
        All such deeds, conveyances or contracts, made or to be made
     and proved or acknowledged, as provided in the first section of
     this act, may be recorded in the office for recording of deeds
     in the county where such land is located in the same manner and
     subject to the same rights and restrictions as to the time and
     manner of recording and indexing the same as is now provided by
     the laws of this Commonwealth for the recording of deeds, and
     when so recorded shall be notice to subsequent purchasers,
     mortgagees or other lien creditors notwithstanding the time for
     the cutting and removal of said timber or bark may be limited by
     the terms of said deeds, conveyances or contracts, and the
     records of such deeds, conveyances or contracts, or duly
     certified copies of such records, shall be evidence in all cases
     where the original deeds, conveyances or contracts would be
     evidence.  1895, May 22, P.L. 113, Sec. 2.
        Section 3.  Deeds recorded within six months to be valid;
     vested interests not affected
        All deeds, conveyances or contracts for standing or growing
     timber, or the bark thereon, which may have been proved or
     acknowledged by the grantors therein, and recorded in the office
     for the recording of deeds where such land is located, or which
     shall, within six months from and after the passage of this act,
     be proved or acknowledged and recorded in the manner directed by
     the laws of this Commonwealth for the proving, acknowledging and
     recording of deeds, shall be as good and effectual in law, to
     all intents and purposes, as if the same had been proved or
     acknowledged and recorded within the time deeds are now required
     to be recorded: Provided, That nothing in this act contained,
     shall extend or be deemed or construed to operate against
     subsequent judgment, recognizance, attainder, forfeiture or lien
     whatsoever, or against any subsequent bona fide mortgagee or
     mortgagees, purchaser or purchasers, or any estates, lands,
     tenements or hereditaments mentioned or contained in said deed,
     conveyance or contract for timber or bark, before such deed,
     conveyance or contract was or shall be proved or acknowledged
     and recorded agreeably to the directions of this act.  1895, May
     22, P.L. 113, Sec. 3.