able by installments. Upon a proper decree of court the recorder may himself enter a satisfaction.5

1 Brightley's Dig. 1872, p. 477. The six months' provision does not apply to Philadelphia county in the case of mortgages, as well as that of deeds. Purdon's Ann. Dig., p. 2110, §5.

See as to record and priority of mortgages: Brook's Appeal, 64 Pa. St. 127; Britton's Appeal, 45 Pa. St. 172; Dungan v. Am. Life Ins. Co., 52 Pa. St. 253; City Bank's Appeal, 91 Pa. St. 163; Taylor v. Maris, 5 Rawle, 51; Frick's Appeal, 101 Pa. St. 485; Nice's Appeal, 54 Pa. St. 200; Ter Hoven v. Kerns, 2 Barr, 96; Bink's Appeal, 36 Pa. St. 170; Parker v. Jacoby, 3 Grant's Cas. 300; Hendrickson's Appeal, 24 Pa. St. 363; Schell v. Stein, 76 Pa. St. 398; s. c. 18 Am. Rep. 416; Lahr's Appeal, 90 Pa. St. 507; Campbell's Appeal, 36 Pa. St. 427; s. c. 78 Am. Dec. 375; Mott v. Clark, 9 Pa. St. 399; s. c. 49 Am. Dec. 560; Edwards v. Trumbull, 50 Pa. St. 509. Under act to provide revenue by taxation, Laws 1889, p. 423, recorders of deeds must keep daily record of mortgages.

2 Brightley's Dig. 1872, p. 478; Foster's Appeal, 3 Pa. St. 79; Brook's Appeal, 64 Pa. St. 127.

Assignments of mortgages held within the recording acts: Pepper's Appeal, 77 Pa. St. 373; Neider v. Pennypacker, 9 Phila. 86; Phillips v. Bank, 18 Pa. St. 394.

3 Brightley's Pur. Dig. 1872, p. 478; Parke v. Neeley, 90 Pa. St. 52; Dungan v. Am. Life Ins. Co., 52 Pa. St. 253; Lahr's Appeal, 90 Pa. St. 507; Cake's Appeal, 23 Pa. St. 186.

4 Laws 1881, p. 84; Hendrickson's Appeal, 24 Pa. St. 363; Luch's Appeal, 44 Pa. St. 519; Edwards v. Trumbull, 50 Pa. St. 509; Jaques v. Weeks, 7 Watts, 261.

The record of a deed absolute in terms is not notice of a mortgage. Carpman v. Baccastaw, 84 Pa. St. 363; Sankey v. Hawley, 118 Pa. St. 30; s. c. 13 Atl. Repr. 208; Pancake v. Cauffman, 114 Pa. St. 113; s. c. 7 Atl. Repr. 67; Calder v. Chapman, 52 Pa. St. 359; Friedley v. Hamilton, 17 Serg. & R. 70

Brightley's Dig. p. 481; Laws 1881, p. 97; Laws 1879, p. 141; Green v. Ricks, 121 Pa. St. 130; s. c. 6 Am. St. Rep. 760; 15 Atl. Repr.

497.

As to creditors and bona fide purchasers under the recording acts, see Heister v. Fortner, 2 Binn. 40; s. c. 4 Am. Dec. 417; Britton's Appeal, 45 Pa. St. 172; Hulings v. Guthrie, 4 Pa. St. 123; Chew v. Barnett, 11 Serg. & R. 389; Henry v. Raiman, 25 Pa. St. 384; s. c. 64 Am. Dec. 703; Davidson v. Little, 22 Pa. St. 245; s. c. 60 Am. Dec. 81; Leach v. Ansbacher, 55 Pa. St. 85; Uhler v. Hutchinson, 23 Pa. St. 110; Youst v. Martin, 3 Serg. & R. 423; Munn v. McDonald, 10 Watts, 270; Martin v. Jackson, 27 Pa. St. 504; Ashton's Appeal, 73 Pa. St. 153; Spackman v. Ott, 65 Pa. St. 131; Morrison v. Funk, 23 Pa. St. 421; Twelves v. Williams, 3 Whart. 485; Ramsay's Appeal, 2 Watts, 232; Cover v. Black, 1

Pa. St. 493.

The statute provides for chattel mortgages to only a very limited extent; as of leases of collieries, manufactories, etc. Act of April 27, 1855; and iron and steel nails, steel ingots and billets, rolled or ham

mered steel in sheets, bars or plates, and all steel and iron castings of every description, not in place, may be mortgaged for a sum not less than $500; the mortgage must be acknowledged and recorded the same as mortgages of realty. Act April 28, 1887; and of saw-logs, sawed lumber, laths, pickets, shingles, hewn timber and spars, and petroleum or coal oil, crude and refined, in tanks, reservoirs, barrels or other receptacles in bulk; also iron tanks and tank cars; iron ore mined and prepared for use, pig-iron, blooms, rolled or hammered iron in sheets or bars, manufactured slate, and canal boats. Act of May 18, 1876. This last act was by its terms limited to a period of five years from its date. It contained, however, a proviso that no mortgage existing at the time of its expiration should be affected by the limitation. Except as above, chattel mortgages are not sanctioned, and are mere pledges, not good as against creditors and third persons, unless possession of the property be taken and retained by the mortgagee. Bismark Build. Ass'n v. Bolster, 11 Norris, 123.

$451. Acknowledgment or proof for record may be made within the state before a judge of the supreme court or court of common pleas, mayor, recorder and alderman of Philadelphia, Pittsburgh, Allegheny and Carbondale, the recorders of deeds, notaries public and justices of the peace.

Without the state and within the United States, before any judge of the United States supreme court or district. courts, or of the supreme or superior court, or court of common pleas, or of probate, or of record, in any state or territory, under seal of the court; or notary public, or commissioner of deeds for Pennsylvania, or any officer authorized by the local law to take acknowledgments there. The proof of such authority is the certificate of the clerk or prothonotary of any court of record in such state, under seal of the court, that the officer taking such acknowledgment is duly qualified to take the same. Where the person making the acknowledgment is in the military service of the United States, it may be made before an officer holding the rank of major, or any higher rank in said military service, under commission from the governor of Pennsylvania.

In foreign countries, before embassadors, and other public ministers of the United States, under official seal; consuls and vice-consuls of the United States, under consular seal; any notary public in any foreign country, or commissioner

appointed by the governor of any state or territory or foreign country, whose commissions last five years, unless sooner revoked.2

Brightley's Dig. 1872; Deeds, etc., §§10-30; Act April 22, 1863; Act April 14, 1828; Hagenbuck v. Phillips, 112 Pa. St. 284; s. c. 3 Atl. Repr. 788; Cover v. Manaway, 115 Pa. St. 338; s. c. 2 Am. St. Rep. 552; 8 Atl. Repr. 393; Adam v. Mengle, 8 Atl. Repr. 606; Furhman v. Loudon, 13 Serg. & R. 386; s. c. 15 Am. Dec. COS; Bennett v. Paine, 7 Watts, 334; s. c. 32 Am. Dec. 765; Angier v. Schieffelin, 72 Pa. St. 106; s. c. 13 Am. Repr. 659; Barney v. Sutton, 2 Watts, 31; Brown v. Phil. Bank, 6 Serg. & R. 484; De Haven's Appeal, 38 Pa. St. 373; Share v. Anderson, 7 Serg. & R. 43; s. c. 10 Am. Dec. 421.

2 Acknowledgments taken by commissioners of deeds and notaries public need not be certified, except under their own seals. Act April 14, 1828; Act April 22, 1863; except that as to foreign notaries, it is safer, since the Act of April 27, 1876, to have attached to certificates by them the further certificate of a consul or vice-consul of the United States, that such notaries are the proper officers, and that their acts are in accordance with the laws of their respective countries.

See further as to acknowledgments, Withers v. Baird, 7 Watts, 227; s. C. 32 Am. Dec. 754; Hector v. Glasgow, 79 Pa. St. 79; s. c. 21 Am. Rep. 46; Jamison v. Jamison, 3 Whart. 457; s. c. 31 Am. Dec. 536; Hornbeck v. Build. Assn., 88 Pa. St. 64; Duff v. Wyncoop, 74 Pa. St. 300; Luffborough v. Parker, 12 Serg. & R. 48; Keichline v. Keichline, 54 Pa. St. 75; Pierce v. Hokes, 11 Harris, 230; Cassell v. Cooke, Serg. & R. 268; s. c. 11 Am. Dec. 610; Myers v. Boyd, 96 Pa. St. 427; Scott v. Gallagher, 14 Serg. & R. 333; s. c. 16 Am. Dec. 508; McIntyre v. Ward, 5 Binn. 296; Rigler v. Cloud, 2 Harr. 361; Bowlby v. Thunder, 3 Atl. Repr. 588; Devinney v. Reynolds, 1 Watts & S. 328; Schrader v. Decker, 9 Pa. St. 14; s. c. 49 Am. Dec. 538; Williams v. Baker, 71 Pa. St. 476; Jourdan v. Jourdan, 9 Serg. & R. 268; s. c. 11 Am. Dec. 724; Barnet v. Barnet, 15 Serg. & R. 72.

§452. Acknowledgment of Married Women.

Married women own separate property in their own right, and may execute leases of real property and sales of personal property without the joinder of the husband, but he must join in conveyances of her real estate; and in order to bar dower, she must be joined in his conveyances.1 No deed or contract relating to real estate, made by the wife, whether relating to her own or her husband's property, is binding on her, unless acknowledged by her as provided by statute. A separate examination of the wife is necessary, and her deed cannot be proved. The form of joint certificate may be as follows:

Ch. 11.]

STATE OF...

COUNTY OF.......

PENNSYLVANIA.

Be it remembered that on the.....

........

.....day of..... A. D. 18.., before me (name and title of officer) duly commissioned in and for said county, personally appeared the above named........, and..... his wife, and in due form of law acknowledged the foregoing indenture to be their and each of their act and deed, and desired the same might be recorded as such; she, the said........, being of lawful age, and by me examined separate and apart from her said husband and the full contents of said deed being first fully made known to her, did thereupon declare that she did voluntarily and of her own free will and accord sign and seal, and as her act and deed deliver the same, without any coercion or compulsion of her said husband. Witness my hand and seal the day and year aforesaid. [SEAL.] (Signature and title. )2

1 Act of June 3, 1887; Act of May 25, 1878; Brightley's Purdon's Dig. 1883, Deeds, 104.

Where the husband has been adjudged a lunatic, the wife may convey as if sole, subject to the control of the court of common pleas. Act of May 25, 1878.

2 Michener v. Cavender, 38 Pa. St. 334; s. c. 80 Am. Dec. 486; Hornbeck v. Build. Assn., 88 Pa. St. 64; Williams v. Baker, 71 Pa. St. 476; Louden v. Blythe, 27 Pa. St. 22; s. c. 67 Am. Dec. 442; McCandless v. Engle, 51 Pa. St. 309; Barnet v. Barnet, 15 Serg. & R. 72; s. c. 16 Am. Dec. 518; Huffman v. Huffman, 118 Pa. St. 458; s. c. 12 Atl. Repr. 308; Mercer v. Watson, 1 Watts, 330; Watson v. Bailey, 1 Binn. 476; s. C. 2 Am. Dec. 462; Graham v. Long, 65 Pa. St. 386; Caldwell's Appeal, 7 Atl. Repr. 211; Conklin v. Bush. S Pa. St. 517; Singer v. Rook, 84 Pa. St. 442; s. c. 24 Am. Rep. 202; Miller v. Wentworth, 82 Pa. St. 280.

For decisions upon statutes validating defective acknowledgment and records, see Underwood v. Lilly, 10 Serg. & R. 99; Tate v. Stoolfooz, 16 Serg. & R. 351; s. c. 16 Am. Dec. 546; Green v. Drinker, 7 Watts & S. 440; Jourdan v. Jourdan, 9 Serg. & R. 268; s. c. 11 Am. Dec. 724; Green v. Weissenberg, 57 Pa. St. 433; s. c. 98 Am. Dec. 237; Journeay v. Gibson, 56 Pa. St. 57; Shonk v. Brown, 61 Pa. St. 320; Lycoming v. Union Bank, 15 Pa. St. 171; Lane v. Nelson, 79 Pa. St. 407.

$453. Proof by Witnesses.

Witnesses are not necessary to the validity of a deed, but two subscribing witnesses are customary, by one of

whom proof for record may be made. The certificate of proof in such case may be as follows:

On the........day of....... A. D. 18.., before me (name and title of officer) duly commissioned in and for said county, personally appeared C. D., one of the subscribing witnesses to the execution of the above indenture, who being duly sworn (or affirmed) according to law, doth depose and say that he did see A. B., the grantor above named, sign and seal, and as his act and deed deliver, the above indenture (deed or conveyance) for the use and purposes therein mentioned, and that he did also see E. F. subscribe his name thereunto as the other witness of such sealing and delivery, and that the name of this deponent thereunto set and subscribed as a witness is of this deponent's own proper hand-writing.

Sworn (or affirmed) to and subscribed before me, the day and year aforesaid.

Witness my hand and official seal.

[SEAL.]

(Signature of witness.)

(Signature and title.)

If a deed is not acknowledged, and there are no subscribing witnesses, and any of the parties are dead, the handwriting of such deceased party may be proved by two or more witnesses before any judge, who gives a certificate of such proof. The surviving parties must also be examined, and deeds so proved are entitled to record.'

Conveyances by corporations should be executed by the corporate seal, attested by the president and secretary. The proof of execution may be made by either officer, and should be certified substantially as follows:

Be it remembered that on the........ day of......... A. D. 18.., before me (name and title of officer) personally