SENATE AMENDED PRIOR PRINTER'S NOS. 946, 1072, 2107 PRINTER'S NO. 4656
No. 851 Session of 2001
INTRODUCED BY CLYMER, BARRAR, CALTAGIRONE, HALUSKA, HENNESSEY, HORSEY, LEH, S. MILLER, NAILOR, PRESTON, READSHAW, SHANER, STABACK, T. STEVENSON, E. Z. TAYLOR, THOMAS, WASHINGTON, YOUNGBLOOD, ZIMMERMAN, METCALFE AND WATERS, MARCH 7, 2001
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, AS AMENDED, NOVEMBER 20, 2002
AN ACT
1 Amending the act of August 21, 1953 (P.L.1323, No.373), entitled
2 "An act concerning notaries public; and amending, revising,
3 consolidating and changing the law relating thereto," further
4 providing for appointment of notaries, for eligibility, for
5 applications to become a notary public, for application for
6 reappointment, for resignation and for change of residence,
7 for oath of office, bond and recording, for registration of
8 notary's signature and fees, for notarial seal, for
9 electronic notarization, for register and copier of records,
10 for power to administer oaths, affirmations, certain writings
11 relating to commerce, depositions, affidavits and certain
12 writings relating to land, for fees of notaries public, for
13 rejection of application and for surrender of seal; providing
14 for revocation of commission for certain personal checks and
15 for regulations; making editorial changes; and making <--
16 repeals; AND MAKING EDITORIAL CHANGES. <--
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 2 of the act of August 21, 1953
20 (P.L.1323, No.373), known as The Notary Public Law, is amended
21 to read:
22 Section 2. Appointment of Notaries.--The Secretary of the
23 Commonwealth is hereby authorized to appoint and commission, for
1 a term of four years from the date of appointment, as many 2 notaries public as, in [his] the secretary's judgment, the 3 interest of the public may require, whose jurisdiction shall be 4 co-extensive with the boundaries of the Commonwealth[, 5 irrespective of their place of residence within the 6 Commonwealth]. 7 Section 2. Section 3 of the act, amended June 9, 1978 8 (P.L.462, No.61), is amended to read: 9 Section 3. Eligibility.--[Any citizen of Pennsylvania, being 10 eighteen (18) years of age or over, of known character, 11 integrity and ability, shall be eligible to the office of notary 12 public, if he shall have resided within this Commonwealth for at 13 least one (1) year immediately preceding the date of his 14 appointment, and if he shall be a registered elector in the 15 Commonwealth.] (a) Any person who is eighteen (18) years of age 16 or over, WHO resides or is employed within this Commonwealth and <-- 17 who is of good character, integrity and ability shall be 18 eligible for the office of notary public. 19 (b) Any person who is a notary public and who resides 20 outside this Commonwealth shall be deemed to have irrevocably 21 appointed the Secretary of the Commonwealth as the person's 22 agent upon whom may be served any summons, subpoena, order or 23 other process. 24 Section 3. Section 5 of the act, amended June 30, 1988 25 (P.L.462, No.78), is amended to read: 26 Section 5. Application to Become a Notary Public.--(a) 27 Applications for appointment to the office of notary public 28 shall be made to the Secretary of the Commonwealth, on forms 29 prescribed and furnished by [him] the secretary, and shall be 30 accompanied by a non-refundable filing fee [of twenty-five 20010H0851B4656 - 2 -
1 dollars ($25), payable to the order of "State Treasurer," by 2 money order, check, or draft. Each] as set forth in section 618- 3 A of the act of April 9, 1929 (P.L.177, No.175), known as "The 4 Administrative Code of 1929," payable to the order of the 5 "Commonwealth of Pennsylvania." Except as provided in subsection 6 (b) each application shall bear the endorsement of the Senator 7 or House member of the district in which the applicant resides[, <-- 8 or, in] or, if the applicant does not reside in this 9 Commonwealth, the endorsement of the Senator or House member of <-- 10 the district in which the applicant is employed. In the case of 11 a vacancy in [that senatorial] either district, the application <-- 12 shall be endorsed by the Senator or House member of an adjacent <-- 13 district. 14 (b) The Secretary of the Commonwealth may accept electronic <-- 15 applications from persons seeking appointment to the office of 16 notary public. Electronic applications must contain all 17 information required by the Secretary of the Commonwealth and be 18 accompanied by payment. The legislative endorsement required by 19 subsection (a) is not required to be submitted electronically. 20 (c) (B) Before issuing to any applicant a commission as <-- 21 notary public, the Secretary of the Commonwealth shall [satisfy 22 himself] be satisfied that the applicant is of good moral 23 character, and is familiar with the duties and responsibilities 24 of a notary public. [Such qualifying requirements may be waived] <-- 25 IN THE CASE OF REAPPOINTMENT OR APPOINTMENTS OF PERSONS MAKING <-- 26 APPLICATION WITHIN SIX (6) MONTHS AFTER THE EXPIRATION OF A 27 PREVIOUS TERM AS NOTARY PUBLIC, OR APPOINTMENTS OF PERSONS WHO 28 WERE PREVENTED FROM APPLYING FOR REAPPOINTMENT OR FROM APPLYING 29 FOR APPOINTMENT, WITHIN THE SIX (6) MONTH EXTENSION PERIOD 30 MENTIONED ABOVE, BY REASON OF THEIR INDUCTION OR ENLISTMENT IN 20010H0851B4656 - 3 -
1 THE ARMED FORCES OF THE UNITED STATES, IF APPLICATION IS MADE 2 WITHIN ONE (1) YEAR AFTER MILITARY DISCHARGE OF THE APPLICANT, 3 UNDER CONDITIONS OTHER THAN DISHONORABLE.] The application must 4 contain no significant MATERIAL misstatement or omission of fact <-- 5 and the applicant shall not: 6 (1) have been convicted of, or pled guilty or nolo 7 contendere to a felony or a lesser offense incompatible with the 8 duties of a notary public during the five (5) year period 9 preceding the date of the application; or 10 (2) have had a prior notary public commission revoked by the 11 Commonwealth or any other state during the five (5) year period 12 preceding the date of the application. 13 The Secretary of the Commonwealth may, for good cause, reject 14 any application, of any notary public subject to the right of 15 notice, hearing and adjudication and the right of appeal 16 therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating 17 to practice and procedure of Commonwealth agencies) and 7 Subch. 18 A (relating to judicial review of Commonwealth agency action), 19 known as the Administrative Agency Law. 20 (d) The Secretary of the Commonwealth may waive the <-- 21 requirements of subsections (a) and (b) in the case of 22 reappointment or appointments of persons making application 23 within six (6) months after the expiration of a previous term as 24 notary public, or appointments of persons who were prevented 25 from applying for reappointment or from applying for 26 appointment, within the six (6) month extension period mentioned 27 above, by reason of their induction or enlistment in the armed 28 forces of the United States, if application is made within one 29 (1) year after military discharge of the applicant, under 30 conditions other than dishonorable. 20010H0851B4656 - 4 -
1 (e) (C) As a condition for the Secretary of the <-- 2 Commonwealth's issuance of a notary commission to an applicant 3 not appointed to the office of notary public as of the effective 4 date of this act SUBSECTION, a notary applicant must complete at <-- 5 least three (3) hours of approved notary education within the 6 six (6) month period immediately preceding their application. 7 (f) (D) Notary education may either be interactive or <-- 8 classroom instruction. All education programs shall be pre- 9 approved by the Secretary of the Commonwealth with a core 10 curriculum that includes the duties and responsibilities of the 11 notary office, and electronic notarization. 12 Section 4. Sections 6, 7 and 8 of the act are amended to 13 read: 14 Section 6. Application for Reappointment.--Applications for 15 reappointment to the office of notary public shall be filed at 16 least [one month] two months prior to the expiration of the 17 commission under which the notary is acting. Persons seeking 18 reappointment must continue to meet the eligibility requirements <-- 19 set forth in section 5 in order to be reappointed. 20 Section 7. Vacation of Office; Change of Residence.--(a) In 21 the event of any change of address within the Commonwealth, 22 notice in writing or electronically shall be given to the 23 Secretary of the Commonwealth and the recorder of deeds of the 24 county of original appointment by a notary public within five 25 (5) days of such change. For the purpose of this [section] 26 subsection, "address" means office address. A notary public 27 vacates his office by removing the notary's residence and 28 business address from the Commonwealth, and such removal shall 29 constitute a resignation from the office of notary public as of 30 the date of removal. 20010H0851B4656 - 5 -
1 (b) If a notary public neither resides nor works in the 2 Commonwealth, that notary public shall be deemed to have 3 resigned from the office of notary public as of the date the 4 residency ceases or employment within the Commonwealth 5 terminates. A notary public who resigns that notary's commission 6 in accordance with this subsection shall notify the Secretary of 7 the Commonwealth in writing of the effective date of the 8 resignation. 9 Section 8. Oath of Office; Bond; Recording.--Every notary, 10 [on his appointment and before he enters] upon appointment and 11 prior to entering upon the duties of the office of notary 12 public, shall take and subscribe the constitutional oath of 13 office, and shall give a surety bond, payable to the 14 Commonwealth of Pennsylvania, in [such amount as shall be fixed 15 by the Secretary of the Commonwealth] the amount of ten thousand 16 dollars ($10,000), which bond shall, after being recorded, be 17 approved by and filed with the Secretary of the Commonwealth. 18 Every such bond shall have as surety a duly authorized surety 19 company or two sufficient individual sureties, to be approved by 20 the Secretary of the Commonwealth, conditioned for the faithful 21 performance of the duties of the office of notary public and for 22 the delivery of [his register and all other public papers INTO] <-- 23 the notary's register into AND SEAL TO the office of the <-- 24 recorder of deeds of the proper county in case of [his] the 25 death, resignation[, disqualification, or removal] or 26 disqualification of the notary WITHIN THIRTY (30) DAYS OF SUCH <-- 27 EVENT. Such bond, as well as [his] the commission and oath of 28 office, shall be recorded in the office of the recorder of deeds 29 of the county in which [he] the notary maintains an office at 30 the time of appointment or reappointment. The commission of any 20010H0851B4656 - 6 -
1 notary hereafter appointed who shall, for [the space of thirty 2 (30)] forty-five (45) days after the beginning of [his] the 3 term, neglect to give bond and cause the [same] BOND and [his] <-- 4 the commission and oath to be recorded, as above directed, shall 5 be null and void. 6 Section 5. Section 9 of the act, amended July 22, 1965 7 (P.L.222, No.122), is amended to read: 8 Section 9. Registration of Notary's Signature; Fee.--(a) 9 The official signature of each notary public shall be 10 registered, in the "Notary Register" provided for such purpose 11 in the prothonotary's office of the county wherein [he] the 12 notary maintains an office, within [thirty (30)] forty-five (45) 13 days after appointment or reappointment, and in any county to 14 which [he] the notary may subsequently move [his office, within 15 ten (10)] the notary's office, within thirty (30) days 16 thereafter. In counties of the second class, such signature 17 shall also be registered in the clerk of courts' office within 18 said period. 19 (b) The fee to be charged by the prothonotary for recording 20 a notary's signature shall be fifty ($.50) cents. 21 (c) In acting as a notary public, a notary shall sign the 22 notary's name exactly and only as it appears on the commission, <-- 23 OR OTHERWISE EXECUTE THE NOTARY'S ELECTRONIC SIGNATURE IN A 24 MANNER THAT ATTRIBUTES SUCH SIGNATURE TO THE NOTARY PUBLIC 25 IDENTIFIED ON THE COMMISSION. 26 (d) A county may permit notaries to register their 27 electronic signatures. 28 Section 6. Section 12 of the act amended June 30, 1988 29 (P.L.462, No.78), is amended to read: 30 Section 12. Notarial Seal.--(a) A notary public shall 20010H0851B4656 - 7 -
1 provide and keep an official seal which shall be used to 2 authenticate all the acts, instruments and attestations of the 3 notary. The seal shall be a rubber stamp and shall show clearly 4 in the following order: the words "Notarial Seal"; the name and 5 surname of the notary and the words "Notary Public"; the name of 6 the [political subdivision] MUNICIPALITY and county in which the <-- 7 notary maintains an office; and the date the notary's commission 8 expires. 9 (b) The seal shall have a maximum height of one (1) inch and 10 width of three and one-half (3 1/2) inches, with a plain border. 11 It shall be stamped in a prominent place on the official 12 notarial [act] certificate near the notary's signature in such a 13 manner as to be capable of photographic reproduction. 14 [(c) In addition to the official seal required in subsection 15 (a), a notary public shall also use and keep an embosser upon 16 which shall be engraved the words "Notary Public, Commonwealth 17 of Pennsylvania," and the name and surname of the notary. All 18 documents executed shall bear a legibly embossed impression.] 19 (d) The notary public seal is the exclusive property of the 20 notary to whom it is issued and a notary shall be responsible at 21 all times for maintaining custody and control of the seal. No 22 public notary shall permit the use of the seal by another 23 person. 24 (e) The use of a notary public seal by a person who is not 25 the notary public named on the seal shall be deemed an 26 impersonation of a notary public under and shall be subject to 27 the penalties set forth in 18 Pa.C.S. § 4913 (relating to 28 impersonating a notary public). 29 (f) Notwithstanding other provisions of this section, in 30 accordance with the act of December 16, 1999 (P.L.971, No.69), 20010H0851B4656 - 8 -
1 known as the "Electronic Transactions Act," a notary public may <-- 2 IS NOT REQUIRED TO use an electronic seal for the notarization, <-- 3 acknowledgment or verification of electronic records and 4 electronic signatures The electronic seal shall contain the <-- 5 following information in order:, PROVIDED THAT, IN ANY EVENT, <-- 6 THE FOLLOWING INFORMATION IS ATTACHED TO OR LOGICALLY ASSOCIATED 7 WITH THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD BEING 8 NOTARIZED, ACKNOWLEDGED OR VERIFIED: 9 (1) The full name of the notary along with the words "Notary 10 Public." 11 (2) The name of the political subdivision MUNICIPALITY and <-- 12 the county in which the notary maintains an office. 13 (3) The date the notary's commission is due to expire. 14 The notary's electronic signature and the required information <-- 15 shall be attached to or logically associated with the electronic 16 signature or electronic record. 17 Section 7. The act is amended by adding a section to read: 18 Section 12.1. Determining Identity of Person Appearing.--(a) 19 The officer notarizing the instrument shall know through 20 personal knowledge or have satisfactory evidence that the person 21 appearing before the notary is the person described in and who 22 executed IS EXECUTING the instrument. For the purposes of this <-- 23 act and section 5 of the act of July 24, 1941 (P.L.490, No.188), 24 known as the "Uniform Acknowledgment Act," "personal knowledge" 25 means having an acquaintance, derived from association with the 26 individual in relation to other people and based upon a chain of 27 circumstances surrounding the individual, which establishes the 28 individual's identity and "satisfactory evidence" means the 29 reliance on the presentation of a current, government-issued 30 identification card bearing a photograph, signature OR physical <-- 20010H0851B4656 - 9 -
1 description and serial or identification number, or the <-- 2 presentation of a valid without photograph identification card, 3 or the oath or affirmation of a credible witness who is 4 personally known to the notary and who personally knows the 5 individual. 6 (b) In certifying a copy of a document or other item, a 7 notary public shall determine that the proffered copy is a full, 8 true and accurate transcription or reproduction of that which 9 was copied. 10 Section 8. Sections 15 and 16 of the act are amended to 11 read: 12 Section 15. Register; Copies of Records.--(a) Every notary 13 public shall keep [an accurate] and maintain custody and control 14 of an accurate chronological register of all official acts by 15 [him] that notary done by virtue of [his] that notary's office, 16 and shall, when thereunto required, give a certified copy of 17 [any record in his] the register in the notary's office to any 18 person applying for same. [Said] Each register shall contain the 19 date of the act, the character of the act, and the date and 20 parties to the instrument, and the amount of fee collected for 21 the service. Each authorization NOTARIZATION shall be indicated <-- 22 separately. 23 (b) The register and other public [papers] records of such 24 notary shall not in any case be liable to be [sized] seized, 25 attached or taken in execution for debt or for any demand 26 whatsoever. 27 (c) A notary public register is the exclusive property of 28 the notary public, may not be used by any other person and may 29 not be surrendered to any employer of the notary upon 30 termination of employment. 20010H0851B4656 - 10 -
1 (d) Upon a notary public's resignation, death OR <-- 2 disqualification, OR UPON THE revocation or expiration of a <-- 3 commission, UNLESS THE NOTARY PUBLIC APPLIES FOR A COMMISSION <-- 4 WITHIN THIRTY (30) DAYS OF THE EXPIRATION OF THE PRIOR 5 COMMISSION, the notary public's register shall be delivered to 6 the office of the recorder of deeds of the proper county WITHIN <-- 7 THIRTY (30) DAYS OF SUCH EVENT. 8 Section 16. Power to Administer Oaths and Affirmations.--(a) 9 Notaries shall have power to administer oaths and affirmations, 10 certify copies and take depositions, affidavits, verifications, 11 upon oath or affirmation and acknowledgments according to law, 12 in all matters belonging or incident to the exercise of their 13 notarial office. 14 (b) Any person who shall be convicted of having wilfully and 15 knowingly made or taken a false oath [or affirmation], 16 affirmation, deposition, affidavit, certification or 17 acknowledgment before any notary in any matters within their 18 official duties shall be guilty of perjury under and shall be 19 subject to the penalties [in such case made and provided] set 20 forth in 18 Pa.C.S. § 4902 (relating to perjury). 21 Section 9. Sections 17 and 18 of the act are repealed. 22 Section 10. Sections 19, 21 and 22 of the act are amended to 23 read: 24 Section 19. Limitation on Powers; Fees.--[(a) No director 25 or officer in any bank, banking institution or trust company, 26 holding at the same time the office of notary public, shall do 27 or perform any act or duty as notary public for any bank, 28 banking institution or trust company in which he is a director 29 or officer. Any act or duty performed by any such notary public 30 for any such bank, banking institution or trust company is 20010H0851B4656 - 11 -
1 hereby declared invalid. 2 (b) No clerk in any bank, banking institution or trust 3 company, holding at the same time the office of notary public, 4 shall be authorized to protest checks, notes, drafts, bill of 5 exchange, or any commercial paper, for any bank, banking 6 institution or trust company in which he is employed. 7 (c) The fees of any such notary for other services rendered 8 shall be the property of such notary and in no case belong to or 9 be received by the corporation of which he is a director or 10 clerk.] 11 (d) No [justice of the peace, magistrate or alderman,] 12 district justice, holding at the same time the office of notary 13 public, shall have jurisdiction in cases arising on papers or 14 documents containing acts by him done in the office of notary 15 public. 16 (e) No notary public may act as such in any transaction in 17 which he is a party directly or pecuniarily interested. For the 18 purpose of this section, none of the following shall constitute 19 a direct or pecuniary interest: 20 (1) being a shareholder in a publicly traded company that is 21 a party to the notarized transaction; 22 (2) being an officer, director or employe of a company that 23 is a party to the notarized transaction, unless the director, 24 officer or employe personally benefits from the transaction 25 other than as provided in clause (3); or 26 (3) receiving a fee that is not contingent upon the 27 completion of the notarized transaction. 28 Section 21. Fees of Notaries Public.--(a) The fees of 29 notaries public shall be fixed by the Secretary of the 30 Commonwealth with the approval of the Attorney General. 20010H0851B4656 - 12 -
1 (b) A notary public shall not charge, attempt to charge or 2 receive a notary public fee that is in excess of the fees fixed 3 by the Secretary of the Commonwealth. 4 (c) The fees of notaries public shall be displayed in a 5 conspicuous location in the notary's place of business or be 6 provided to any person requesting UPON REQUEST TO ANY PERSON <-- 7 UTILIZING the services of the notary. The fees of the notary 8 shall be separately stated. A notary public may waive the right 9 to charge a fee, in which case the requirements of this 10 subsection regarding the display or provision of fees shall not 11 apply. 12 (d) The fee for any notary public employed by a bank, 13 banking institution or trust company shall be the property of 14 the notary and in no case belong to or be received by the 15 corporation for whom the notary is employed. 16 Section 22. Rejection of Application; Removal.--(a) The 17 Secretary of the Commonwealth may, for good cause, reject any 18 application, issue a written reprimand, suspend or revoke the 19 commission of any notary public[, but such action shall be 20 taken]. 21 (b) The Secretary of the Commonwealth may, for good cause, 22 impose a civil penalty not to exceed five hundred dollars ($500) 23 for each act or omission which constitutes a violation of this 24 act. 25 (c) The Secretary of the Commonwealth may, for good cause, 26 order a notary to attend education courses for an act or 27 omission which constitutes a violation of this act. 28 (d) Any action taken under this section shall be subject to 29 the right of notice, hearing and adjudication, and the right of 30 appeal therefrom, in accordance with [the provisions of the 20010H0851B4656 - 13 -
1 Administrative Agency Law, approved the fourth day of June, one 2 thousand nine hundred forty-five (Pamphlet Laws 1388), or any 3 amendment or reenactment thereof, relating to adjudication 4 procedure.] 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and 5 procedure of Commonwealth agencies) and 7 Subch. A (relating to 6 judicial review of Commonwealth agency action), known as the 7 Administrative Agency Law. 8 Section 11. Section 22.1 of the act, added June 9, 1978 9 (P.L.462, No.61), is amended to read: 10 Section 22.1. Surrender of Seal.--(a) Should an application 11 or renewal be rejected, or should a commission be revoked or 12 recalled for any reason, or should a notary public resign, the 13 applicant or notary shall deliver the seal of office to the 14 Department of State within ten (10) days after notice from the 15 department[.] or from the date of resignation, as the case may 16 be. Any person who violates the provisions of this subsection 17 shall be guilty of a summary offense and upon conviction thereof 18 shall be sentenced to pay a fine not exceeding three hundred 19 dollars ($300) or to imprisonment not exceeding ninety (90) 20 days, or both. 21 (b) Upon the death of a notary public, the notary's personal 22 representative shall deliver the seal of office to the 23 Department of State within ninety (90) days of the date of the 24 notary's death. 25 [Any person who violates the provisions of this section shall 26 be guilty of a summary offense and upon conviction thereof shall 27 be sentenced to pay a fine not exceeding three hundred dollars 28 ($300) or to imprisonment not exceeding ninety (90) days, or 29 both.] 30 Section 12. The act is amended by adding sections to read: 20010H0851B4656 - 14 -
1 Section 22.2. Revocation of Commission for Certain Personal 2 Checks.--(a) The Secretary of the Commonwealth may revoke the 3 notary public commission of a notary public who issues to the 4 order of any State agency or the Commonwealth a personal check 5 without sufficient funds on deposit. 6 (b) Any action taken by the Secretary of the Commonwealth 7 under this section shall be subject to the right of notice, 8 hearing and adjudication and right of appeal therefrom in 9 accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice 10 and procedure of Commonwealth agencies) and 7 Subch. A (relating 11 to judicial review of Commonwealth agency action), known as the 12 Administrative Agency Law. 13 Section 22.3. Regulations.--The Secretary of the 14 Commonwealth shall have the authority to promulgate such rules 15 and regulations as are necessary to administer and enforce this 16 act. 17 Section 13. Section 24 of the act is amended to read: 18 Section 24. [General Repeal.--All other] Repeals.--(a) The 19 following acts and parts of acts are repealed [in so far as they 20 are inconsistent with the provisions of this act.]: 21 The act of April 14, 1828 (P.L.447, No.188), entitled "An act 22 to authorize the appointment of commissioners to take the 23 acknowledgement of deeds and instruments of writing under seal." 24 The act of March 13, 1839 (P.L.92, No.44), entitled "A 25 supplement to an act entitled 'An act to authorize the 26 appointment of commissioners to take the acknowledgment of deeds 27 and instruments of writing under seal,' approved on the 28 fourteenth day of April, one thousand eight hundred and twenty- 29 eight." 30 The act of April 6, 1843 (P.L.175, No.83), entitled "A 20010H0851B4656 - 15 -
1 supplement to an act entitled 'An Act to authorize the 2 appointment of Commissioners to take the acknowledgment of deeds 3 and instruments of writing under seal.'" 4 Section 15 of the act of April 9, 1849 (P.L.524, No.354), 5 entitled "A supplement to an act relative to the venders of 6 mineral waters; and an act relative to the Washington coal 7 company; to sheriffs' sales of real estate; to the substitution 8 of executors and trustees when plaintiffs; to partition in the 9 courts of common pleas, and for other purposes." 10 (b) All other acts and parts of acts are repealed insofar as 11 they are inconsistent with this act. 12 Section 14. This act shall take effect in 180 days JULY 1, <-- 13 2003. B5L57BIL/20010H0851B4656 - 16 -