CHAPTER 520.
OF CONVEYANCES.
AN ACT to amend Chapter 83, of the Revised Code, of 1852, as amended and published in 1874, entitled "Of Conveyances," and for other purposes.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
SECTION 1. That Chapter 83, of the Revised Code of 1852, as amended and published in 1874, be and the same is hereby amended by striking out Section 14 thereof, and inserting in lieu of said Section the following, to wit: "Section 14. A deed or letter of attorney concerning lands or tenements being acknowledged or proved and the acknowledgment or proof being certified as hereinbefore provided, shall with the certificate of the acknowledgement or proof and all indorsements and annexations, be recorded in the Recorder's office for the county wherein such lands or tenements, or any part thereof; are situated, when lodged in such office at any time' after (the day of) the sealing and delivery of' such deed or letter of attorney and the said record or an office copy thereof shall be sufficient evidence.
SECTION 2. That the said Chapter of the said Revised Code be and the same is hereby further amended by striking out Section 17, thereof, and inserting in lieu of said Section the following, to wit: "Section 17. If a deed concerning lands or tenements be not recorded in the proper office within one year after the day of the sealing and delivery thereof said deed shall not avail against a subsequent fair creditor, mortgagee or purchaser for a valuable consideration unless it shall appear that such creditor when giving the credit, or such mortgagee or purchaser when advancing the consideration had notice of such deed. But this provision shall not extend to a lease under a fair rent for a term not exceeding twenty-one years, when the possession accompanies the lease, or the lessee is to come into possession within one year after the making of it.
SECTION 3. That all deeds and letters of attorney concerning attorney, lands or tenements, heretofore sealed and delivered being duly acknowledged or proved; and the acknowledgement or proof being duly certified may with the certificate of the acknowledgement or proof and all indorsements and annexation, be at any time hereafter recorded, in the Recorder's office for the county wherein such lands or tenements or any part thereof are situate ; Provided, That no such deed, unless recorded in the proper office within one year after the day of the sealing and delivery thereof, shall avail against a subsequent fair creditor, mortgagee or purchaser for a valuable consideration, unless it shall appear that such creditor when giving the credit, or such 'mortgagee or purchaser when advancing the consideration had notice of such deed.
SECTION 4. That all acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. repented.
Passed at Dover, March 16, 1881.