The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1856-05-21
LAWS OF OBSERVATION-DISCLOSURES
OF 1856.

An act for the greater certainty Of title and III
more secure enjoyment Of real estate.
Whereas, public and private prosperity ant
happiness require that titles 10 real estate
should be certain and secure, and that tht
/ people should acquire, hold. and improve
their homesleads and estates in the conf
dence that they will not be lost by secret and
unknown claims, or BY fraud and perjury
and also ALLEVIATE them at their full value,
without abatement for legal doubts and un.
certainties.
SECTION I. Be it enacted, &c., That no OK.
ception in any &C. of assembly respecting the
limitation of actions in favor of persons non
compos mentis, imprisoned femes covert, or
minors, shall extend so as 10 permit any per-
son 10 maintain any action for the recovery
of any tauds or tsnsmsnts after thirty yoars
shall have elapsed since the right Of entry
thereto acquired 10 any person within the ex-
cep,ions aforesaid: Provided, That all per.
sons who now have rights unbared, and who
would bs sooner barred by this section, shall
no, be thereby barred for five years from the
date hereof.
Sec. 2. Tha; no purchaser or mortgage shall
be affected with notice of the pendency of
any ejsclment or action, 10 recover real es-
tate, or to compel conveyance thereof, un.
less such action shall be indexed against the
defendant, and any teue tenant made par
ty thereto, in book to be kept by the pro-
thonotary and called the ejectment index, for
which the plaintiff shall furnish the necessary
information.
Sec. 8. That the lien of no judgment, re.
cognizance, execution levied on real estate
in the same or another county, or Of writs Of
scire facias, 10 revive or have execution OF
judgments, shall commence or be continued
as against any person or morigagee, unless
the same be indsxed IN the county where
the real estate is situated, in book TO be
called the judgment index, and it shall be the
duty Of the prothono,ary or clerk forthwith,
10 index the same according to priority Of
date, and the plaintiff shall furnish the prop
er information 10 enable him to perform said
duty.
Sec. d. That all declarations or creations Of
trusts, or condolences of any lands, tenements
or heredilaments, and all grants und assign.
ments thereof, shall be manifested by wri-
ting, signed by the party holding the title
thereof, or by his last will in writing, or else
10 be void. Provided, That where any con.
veyance shall be made of any lands or tene-
ments by which trust or confidence shall,
or may arise, or result by implication or con.
s,ruciion Of law, or be transferred or extin-
guished by act or operation Of law, then, and
in every such case, such trus, or confidence
shall not be of like force and effect as il this
act had not been passed.
Sec. 5. That no action shall be brought
whereby to charge any person upon any con-
tract hereafter to be made for the sale OF
lends, tenements, or heredisaments, or any
interesl in or concerning them, unless the
agreement upon which such action shall be
brought, shall be in writing and be signed by
the party 10 be charged herewith, or some
other person thereunto by him lawfully au-
thorzed by writing.
Sec. 6. Tha, no right Of entry shall accrue,
or action be maintained, for specific per-
formance of any contract for the sale OF any
real estate, or for damages of non-compli.
auce with any such contract, or to enforce
any equity Of redemption after re-en,ry made
for any condition broken, or 10 enforce any
implied or resulting trust as 10 reality, but
within fvs years after such contract was
made, or such equity or trust accrued with
the right Of entry, unless such contrac shall
give longer time for its performance, or
there has been in part substantial! perform
ance, or such contract, equity Of redemption
or trust shall have been acknowledged by
writing 10 subsist BY the party TO be charged
therewilfs within The said period: Provided,
That as TO any one affected with trust by
reason OF his fraud, the said Limitation shall
begin 10 run ouly from the discovery thereof
or when by reasonable diligence the party
deirauded might have discovered the same
but no bona fide purchaser from him shall he
affected thereby, or deprived Of the protec
ton of the said Limitation. And provided
That any person who would be sooner bar
red by this section shall not be thereby bar
red from two yeats flom the date hereof.
SEC. Z. That any probate, by the regisis
of the proper county, Of any will dsvising re
al estate, shall be conclusive as to such real
i,y unless within five years from the date o
such probate those interested to conirover i,
shall by caveat and action at law duly pursu
ed, contest the validity of such will as to sucl
reality, Provided, Tha, all persons who woul
be sooner barred by this section taking i'm
, mediate effect, shall not be thereby barre
hafnra two years from the date hereof.
SEC. 8. That nothing in any act of assem-
bly, contained, shall be taken or construed I
repeal or impair the &C. Of the twelfth c
March, one thousand eight hundred, emit
: ed. CAR act declaring the power and author
i,y given by any last will and testament I
executors, 10 sell and convey real estates I
be and remain in the survivors of them ur
less otherwise expressed in the will of th
: testa,or and for other purposes therein mer
toned, and it shall be the duty of the Regi
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