and en dorsed on deed. Transcripts of records, how to be verified. [761] Discharge of record, etc., of the time of the day, month and year, when the said conveyance was recorded, and shall endorse upon every conveyance recorded by him, a certificate, stating the time as aforesaid, when, and the book and. page where, the same was recorded. [1 R. L., 370, § 5.] § 26. To entitle the transcript of any record of such conveyance, recorded as aforesaid, and of the certificates of the acknowledgment or proof thereof and of the genuineness of any signature to such certificate, to be read in evidence, the same shall be certified to be a true copy of such record, by the clerk of the county in whose custody the same shall be, under the seal of the court of common pleas of the county of which he is clerk, or by the register of the city and county of New York, when such record shall be in his custody. [1 R. L., 370, § 5.] [Section 27 repealed by L. 1877, ch. 417.] § 28. Any mortgage that has been registered or recorded, or that may hereafter be recorded, shall be discharged upon the record mortgages. thereof, by the officer in whose custody it shall be, whenever there 231; 6 T& shall be presented to him, a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved, and 43 Hun, 463; certified, as herein before prescribed, to entitle conveyances to be 832 recorded, specifying that such mortgage has been paid, or otherwise satisfied and discharged. C., 357; 33 87 N. Y., 446. Certificate of discharge, [1 R. L., 373, § 4.] § 29. Every such certificate, and the proof or acknowledgment thereof, shall be recorded at full length: and a reference shall be made to the book and page, containing such record, in the minute Reference of the discharge of such mortgage, made by the officer upon the &c., to be recorded. in minute of discharge. Proof of deed are dead. record thereof. [The same.] § 30. Where the witnesses to any conveyance, authorised by this we when chapter to be recorded, shall be dead, then the same may be proved before any officer authorised to take the proof and acknowledgment of deeds, other than commissioners of deeds, and county judges not of the degree of counsel in the supreme court. 31. The proof of the execution of any conveyance in such case, shall be made by satisfactory evidence of the death of all the witnesses thereto, and of the hand-writing of such witnesses, or any one of them, and of the grantor; all which evidence, with the names and places of residence of the witnesses examined before him, shall be set forth by the officer taking the same, in his certificate of such proof. § 32. Any conveyance proved and certified, pursuant to the two last sections, may be recorded in the proper office, if the original deed be at the same time deposited in the same office, there to remain, for the inspection of all persons desiring to examine the same. recording § 33. The recording and deposit of any conveyance, proved and Effect of certified according to the provisions of the three last sections, shall and debe constructive notice of the execution of such conveyance, to all posit purchasers subsequent to such recording; but such proof, recording, 20 Barb., or deposit, shall not entitle such conveyance, or the record thereof, or the transcript of such record, to be read in evidence. [762] 404; 8 53 N. Y., Bosw., 188; 199. ment for without § 34. No clerk of any city or county, shall record any conveyance, Punishby which any interest in real estate is, or may be in any way affected, recording unless the same shall have been duly acknowledged or proved, and deeds, &c., such acknowledgment or proof duly certified according to law; and being any such officer offending herein, shall be adjudged guilty of a misdemeanor, and on conviction, shall be subject to fine and imprisonment. [1 R. L., 371, § 8.] proved,&c. ment of for malfea § 35. Every judge, officer, or other person, within this state, Punishauthorised to take the acknowledgment or proof of any conveyance, judges, and every clerk of any county, or his deputy, who shall be guilty of clerks, &c., any malfeasance, or fraudulent practice in the execution of the duties sance. prescribed to them by law, in relation to the taking, or certifying, the proof or acknowledgment, or the recording, or certifying, any record of any such conveyance, mortgage, or instrument in writing, or in relation to the cancelling of any mortgage, shall, upon conviction, be adjudged guilty of a misdemeanor, and be subject to punishment by fine and imprisonment, and shall also be liable in damages to the party injured. [L. 1823, 15.] fined. § 36. The term "real estate," as used in this chapter, shall be Term "real construed as co-extensive in meaning with "lands, tenements and estate" dehereditaments," and as embracing all chattels real, except leases for 13 N. Y., a term not exceeding three years. 152; 35 Barb., 334; 35 Hun,180; 39 Hun, 235. Term 66 'purchas. er." 1 Sandf Ch., 438; 35 Term § 37. The term "purchaser," as used in this chapter, shall be construed to embrace every person to whom any estate or interest in real estate, shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease, or other conditional estate. 357; 28 Hun, 509; 39 Hun, 235; 87 N. Y., 446; 83 N. Y., 215; 86 § 38. The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing, by which any o estate, or interest in real estate is created, aliened, mortgaged or 6 T. & C., assigned; or by which the title to any real estate, may be affected in law or equity; except last wills and testaments, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. 25 Barb., 394; 1 Wend., 485; 35 Barb., 334; 4 Hun, 300, 705; 48 N. Y., 644; 59 N. Y., "convey. 357, 556; 28 NY, 213; 63 Barb., 36, 71; 50 id., 356; 48 id., 110; 4 Bosw., 297; 8 id., 524; 301; 19 Hun, 82 Ń. Y., 32. Last sec. tion not to § 39. The preceding section shall not be construed to extend to a letter of attorney, or other instrument containing a power to convey include lands as agent or attorney for the owner of such lands; but every attorney: such letter or instrument, and every executory contract for the sale and con powers of but they tracts for land, may and re or purchase of lands, when proved or acknowledged, in the manner be proved prescribed in this chapter, may be recorded in the clerk's office of corded. any county, in which any real estate, to which such power or conErectore. tract relates, may be situated; and when so proved or acknowledged, cord, &c. 10 and the record thereof when recorded, or the transcript of such 4 Bosw. 297; record, may be read in evidence, in the same manner, and with the like effect, as a conveyance recorded in such county. [763] of Paige, 346; 8 Bosw., 194; 104 N. Y., 157. Letters recorded, how revoked. Record of assignment of mort § 40. No letter or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation, be also recorded in the same office, in which the instrument containing the power was recorded. § 41. The recording of an assignment of a mortgage shall not be deemed, in itself, notice of such assignment to a mortgagor, his heirs or personal representatives, so as to invalidate any payment made by 2 Barb.Ch., them, or either of them, to the mortgagee. gage, not notice, &c. 84;11 Paige, 37,10 Paige, 413; 2 Cow., 288; 35 Barb., 334; 47 N. Y., 307; 10 Bosw., 283; 1 T. & C., 483; 22 Hun, 46; 23 Hun,232; id., 1; 79 N. Y., 23; 22 W. D., 331; 37 Hun, 412; 82 N. Y., 32; 43 Hun, 136; 103 N. Y., 556. Certain leases in counties named not affected. Register in 23; 52 N. Y., § 42. The provisions of this chapter shall not extend to leases for life or lives, or for years, in the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware and Schenectady. [L. 1823, 413, § 5.] § 43. All the provisions of this chapter, excepting the eighteenth 4 Abb. Pr., section, conferring any powers, or imposing any duties, obligations 86; 34 Hun, or penalty upon a county clerk, shall extend and apply to the register of the city and county of New York, in the same manner as if he were county clerk of the said county. 527. L. 1829, Chap. 222 — An act concerning the proof and acknowledgment of deeds. Acknowledgments before mayors, consuls and judges of foreign places. SECTION 1. Every acknowledgment or proof of a deed or mortgage made or taken before the mayor of either of the cities of Philadelphia or Baltimore, or before any consul of the United States resident in any foreign port or country, or before a judge of the highest court in Upper Canada or Lower Canada, and certified by them respectively, shall be as valid and effectual as if taken before one of the justices of the supreme court of this state. 5 Hill, 574; 34 Hun, 192. L. 1839, Chap. 295 – An act to provide for the preservation of the title papers of the Holland Land Company, and for other purposes. [Sections 1-4 are omitted as local.] Copies of records may be recorded by county clerk. § 5. A copy of any deed, conveyance or other instrument in writing relating to, or in any manner affecting the title to any real estate, which is or may be recorded or filed in the office of the secretary of state, upon being certified by the said secretary in the manner required by law, to entitle the same to be read in evidence, may be recorded in the office of the clerk of any county in this state, or in the office of the register of deeds in the city of New York with the secretary's certificate; and such record and a duly certified copy thereof, may be read in evidence in the same manner and with the like effect, as the record of a conveyance of real estate situate in such county, originally recorded in the said clerk's office or in the office of the said register. L. 1843, Chap. 199—An act requiring county clerks to make and keep books of general indices. Indices to be made to deeds and mortgages. SECTION 1. The clerks of the several counties in this state, and the register of the city and county of New York, in those counties in which general indices of deeds and mortgages have not been made and preserved, according to the act passed April 18, 1826, shall provide proper books for making such general indices, and shall form indices therein in such manner as to afford correct and easy reference to the several books of record in their offices respectively. There shall be one book for deeds and another for mortgages. In each book there shall be made double entries, or two lists of names. in alphabetical order. In one shall be set the names of the grantors or mortgagors, followed by the names of their grantees or mortgagees; and in the other the names of the grantees or mortgagees, followed by the names of the grantors or mortgagors, leaving proper blanks between each class of names for subsequent entries; and in those counties in which indices were made under the said act of April 18, 1826, and have been preserved, the several clerks shall complete the same by bringing them down to the present time, and in either case, the said clerks shall keep the said indices complete by adding to the lists, as deeds and mortgages shall be sent in to be recorded. 30 Hun, 174; 87 N. Y., 257. Expenses to be paid. § 2. Each county clerk is hereby authorized to charge in his account against his county, all necessary expenses which he may incur in the purchase of books for such indices, and at and after the rate of fifty cents for every hundred names which he may enter in such book. Exception. § 3. The provisions of this act shall not apply to such counties in this state as now have a general numerical index of deeds and mortgages in the office of the clerk of said counties. L. 1843, Chap. 210-An act to authorize the recording of certain documents therein mentioned. [Sections 1-4 are omitted as local.] Copies may be recorded in certain cases. § 5. The copy of any record, or of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may be again recorded in any office wherein the original would be entitled to be recorded, and such record shall have the same effect as if the original were so recorded. [Thus amended by L. 1887, ch. 539.] L. 1845, Chap. 109—An act in relation to the acknowledgment and proof of deeds and mortgages. Mayors of cities may take acknowledgments. SECTION 1. Every acknowledgment or proof of a deed or mortgage, made or taken before the mayor of any city, in the United States, and certified by him, shall be as valid and effectual, as if taken before one of the justices of the supreme court of this state. 5 Park. Cr. R., 101. L. 1845, Chap. 110-An act in relation to the recording or patents for lands in certain cases. Patents may be recorded in counties. SECTION 1. All letters patent issued under the great seal of this state, granting land to any person or persons, in addition to the record thereof made in the office of the secretary of state, may be recorded in the county where the lands granted are situated, in the same manner and with the like effect as any deed regularly acknowledged or proved before an officer authorized by law to take the proof and acknowledgment of deeds, whenever the patentee or owner of such lands shall request the same to be so recorded. L. 1847, Chap. 170-An act authorizing the acknowledgment of conveyances in certain cases to be taken in Mexico before certain officers of the army of the United States. Deeds, how to be acknowledged by the army in Mexico. SECTION 1. The acknowledgment of any deed, mortgage or other conveyance of any real estate within this state, and of any contract in relation to such real estate, and of any power of attorney authorizing the conveying, mortgaging or otherwise disposing of such real estate, or of making any contract in relation thereto which has been or shall be executed by an officer or soldier of the army of the United States, employed at the time of making such acknowledgment within the territory of the republic of Mexico, may be taken within such territory before, and certified by any major-general, brigadier-general or colonel of the said army, to whom the person making such acknowledgment shall be personally known at the time of making the same. The certificate of any acknowledgment taken and certified by virtue of this act, shall state the place at which it is taken, and the fact that the person making the same is an officer or soldier of the said army, of which facts such acknowledgment shall be presumptive evidence. Every acknowledgment so taken and certified shall have the same force and effect in all respects as if the same were taken and certified within this state by an officer authorized by law to take and certify the same. L. 1848, Chap. 195–An act to provide for taking the acknowledgments of deeds and other written instruments, by persons residing out of the state of New York. Proof or acknowledgment, how to be made in other states. SECTION 1. The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged, in order to entitle the same to be recorded or read in evidence, when made by any person residing out of this state, and within any other state or territory of the United States, may be made before any officer of such state or territory, authorized by the laws thereof to take the proof and acknowledgment of deeds; and when so taken and certified as herein provided, shall be entitled to be recorded in any county in this state, and may be read in evidence in any court in this state, in the same manner and with like effect, as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments: Provided that no such acknowledgment shall be valid unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in and who executed the said deed or instrument. |