date of their entry. In the Quarter Sessions Courts are also entered road damages. The judgment index for these courts is kept at the office of the clerk of quarter sessions and search must be made there.

182. United States Court.

Up until 1911 there were two federal courts of original jurisdiction, the District Court, whose jurisdiction was principally bankruptcy and criminal, and Circuit Court, whose jurisdiction was civil. Now the jurisdiction of both have been consolidated into one court, termed the District Court, the geographic jurisdiction of which, like its predecessors, embraces many different counties (Judicial Code, Act of March 31, 1911, Chapter 231, Sec. 1, Federal Statute Supp. 132). The liens of the United States Courts before and since the consolidation are liens upon land situated in the counties in which the court sits, upon the entry of the judgment. But in other counties of the district, not until a transcript thereof is filed in the Common Pleas Court of that county. Thus a judgment entered in the United States District Court for the Eastern District of Pennsylvania would be a lien on land in Philadelphia county from the time of its entry, because the United States court sits there. To make this judgment a lien in Delaware county, where the court does not sit, a transcript must first be filed at the prothonotary's office of Delaware county, who will index it in his judgment index. To make the search, if necessary, in the United States courts the judgment index will be found at the clerk's office. Until 1916 it will, of course, still be necessary to search the indexes of both the old Circuit Court and the old District Court, which were kept separate.

183. Liens of Decedent's Debts.

By act of 1901 (June 14, 1901, P. L. 562) all debts of a decedent are a lien on all real estate of which he died seised for two years after his death, regardless of whether these debts had been reduced to judgments in decedent's lifetime or not. After two years from date of decedent's death the liens of debts other than judgments expire unless preserved by suit being commenced and indexed (Act of May 3, 1909, Sec. 1, P. L. 386) in the judgment index of the prothonotary. If suit commenced at any time before the expiration of the two years is indexed as above stated

and duly prosecuted to a judgment, its lien is preserved. Should the debt not be payable within the two years as (e. g., a threeyear note dated just before decedent's death), so that suit cannot be commenced, the lien may be preserved by filing a copy of the instrument or evidence of indebtedness with the prothonotary, who will index it in the judgment index. Search, therefore, within two years of a decedent's death will avail nothing. After two years, search in the judgment index will disclose any liens still existing. Where a decedent's land is sold by orphans' court sale for payment of debts the liens of all debts are immediately discharged and thrown against the fund.

184. Other Liens. Mechanics' and Municipal Liens.

The judgment index at the prothonotary's office will disclose and should be searched for municipal improvements, such as grading of streets, paving, etc., which are liens from the time of their completion, if filed within six months from that time. Mechanics' liens by act of 1901 (Mechanic's Lien Act of June 4, 1901, P. L. 431) may also become liens against property from the time of the commencement of the work, if filed within six months from its completion for new work (Act of June 4, 1901, Sec. 13), and within three months for repairs exceeding $100.00. Mechanics' liens when filed are also indexed in the judgment index of the prothonotary's office. If the right to file a lien be waived before the beginning of the work by writing duly executed in accordance with the law (Mechanic's Lien Act of June 4, 1901, Sec. 15, P. L. 431), no mechanic's lien can be filed either by the contractor, subcontractor or material man, and if filed will be stricken off.

185. Locality Index in Philadelphia.

In Philadelphia, under a special act (Act of March 21, 1864, P. L. 171), there is kept by the prothonotary of the common pleas courts a locality index. All municipal claims and mechanics' liens, in addition to being indexed in the name of the owner, are also indexed under the location or description of the property. Searching this index not only verifies the judgment index but turns up liens against property where the name of the owner was either unknown or erroneously given. In many counties where the tax collector is unable to ascertain the name of the owner, tax liens are indexed under the name "unknown."

This is unnecessary wherever the counties have either a registry bureau or locality index.

186. Taxes and Unfiled Liens Etc.

Since 1901 by statute (Act of June 4, 1901, P. L. 364) all taxes are a first lien on property even if unfiled for two years from the date they accrue. The law provides that upon the judicial sale of any property the taxes must be paid out before any other lien or encumbrance or anything else except the court costs and costs of sale. In order for the liens of taxes to be preserved after two years they must be filed as a municipal claim before the expiration of two years and revived every five years thereafter. When so filed they will appear on the judgment index of the prothonotary's office. Water rates, lighting and sewer rates must also be filed in the prothonotary's office within two years after they are payable or else they will not be a lien. As stated in Paragraph 184, unless the right be waived there may be a right to file a mechanic's lien against a property just completed or repaired, which, by filing within six months, would ripen into a lien. When taking title to a property therefor demand the owners' affidavit that it has been completed longer than six months or that no repairs have been made within the past three months, or require a release of liens. Municipal claims also, such as street improvements and paving, are a lien from the time of the completion of the work until six months thereafter without being filed.

To guard against the possibility of these unfiled liens, see that all taxes and water rent receipts are produced for two years or a certificate of their payment obtained from the Receiver of Taxes. Require an affidavit also that no street improvements were made or other possible municipal claims have accrued within six months or that payment thereof has been made.

187. Assignment of Mortgage Searches.

When searching title in order to see whether a first mortgage about to be assigned is good, search first against the title of the mortgagor, as if for a conveyance (Par. 174). Then for mortgages, to see whether the one to be assigned is a first lien as represented. Then search for possible prior assignments thereof. Assignments of mortgages are indexed in a separate index, as well as noted on the margin of the mortgage book. All assign

ments of mortgage must have two witnesses. Search should then be made for possible releases to see whether the mortgage still covers all the land described by it. In Philadelphia, releases of mortgages are also indexed in a separate index since 1880. Having completed the search, demand as a final precaution a declaration of no set-off from the owner and ascertain if there are any outstanding unpaid municipal claims or taxes (See Par. 186).

188. Examination of Property.

After all searching is completed personally view the property about to be conveyed. This will afford an opportunity of discovering any existing easement not disclosed in the chain of title. In Pennsylvania a person takes subject to any visible and notorious easement without express mention in the deed, the rule being, "Where an owner of land subjects part of it to an open, visible, permanent and continuous servitude or easement in favor of another part, and then aliens it the purchaser takes subject to the burden or benefit as the case may be (Liquid Carbanic Co. v. Wallace, 219 Pa. 457). Ascertain also, if the owner is not in possession, whether the occupant is a tenant or claims to hold adversely to the owner. "It evinces as much carelessness to purchase property without having viewed the premises as to purchase without having searched the register" (Woods v. Farmee, 7 Watts 382). "Nor does knowledge of the existence of a lease relieve one dealing with the lessor from the duty of inquiring from one in possession whether he claims otherwise than under the lease" (Anderson v. Brinser, 129 Pa. 376).

189. Synopsis of How to Search.

SEARCHES AGAINST A PROSPECTIVE GRANTOR OR MORTGAGOR. I. (1) Make a conveyance search by searching at the recorder of deeds' office as indicated in Paragraphs 172-174 for flaws in the title.

(2) Verify your search at the registry bureau as indicated in Par. 175.

II. Now make your encumbrance search.

(1) For mortgages in the mortgage index at the recorder of deeds' office as outlined in Par. 176.

(2) Search for judgments at the office of the prothonotary of the Supreme Court (Par. 179).

(3) Search for judgments at the office of the clerk of quarter sessions (Par. 181).

(4) Search for judgments at the office of the clerk of United States courts (but only in such counties where the court sits, e. g., Philadelphia, Allegheny, etc., Par. 182). While at this office, make search for possible marshal's sales to complete your conveyance search (Par. 174).

(5) Search at the office of the prothonotary of the common pleas courts.

a. Judgment index for judgments (Par. 180).

b. Judgment index for lien of decedent's debts, if any (Par. 183).

c. Judgment index for municipal and mechanic's liens (Par. 184).

d. Locality index (in Philadelphia) (Par. 185).

e. Search here also for sheriff's sales to complete conveyance search (Par. 174).

III. Personally examine property.

(1) For easements not noted in chain of Title (Par. 188). (2) As to occupation (Par. 188).

Note protection against unfiled liens and taxes (Par. 186).

SEARCHES FOR GROUND RENT.

Titles to ground rents should be searched for the same as above.

SEARCHES WHERE AN ASSIGNMENT OF Mortgage is to BE MADE.

I. Search against the original mortgagor as fully as though he were a prospective mortgagor, or grantor, so as to establish the validity and nature of the lien about to be assigned (Par. 187).

II. a. Search against the original mortgagor and all subsequent assignees of the mortgage during the time they respectively held title, so as to turn up any adverse assignments (Par. 187).

b. See that assignments are in proper form with two witnesses. III. Search against all holders of mortgage for possible releases (Par. 187).