TITLE 2. [274] CHAPTER III. GENERAL PROVISIONS CONCERNING COURTS OF JUS- TITLE I.-GENERAL PROVISIONS CONCERNING THE COURTS OF JUSTICE [Repealed.] TITLE II.-GENERAL PROVISIONS CONCERNING COURTS OF RECORD, AND THE POWERS AND DUTIES OF CERTAIN JUDICIAL OFFICERS. TITLE I. General Provisions concerning the Courts of Justice specified in the two preceding Chapters. [Repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] General Provisions concerning Courts of Record, and the Powers and Duties: ART. 1.-Provisions concerning courts of record, their process and proceedings. ART. 2. Of the powers and duties of certain judicial officers. ART. 3. Of the officers of courts of record, their duties, privileges and liabilities. [Repealed by L. 1877, ch. 417.] ART. 4.- Miscellaneous provisions concerning courts of record. ARTICLE SECOND. OF THE POWERS AND DUTIES OF CERTAIN JUDICIAL OFFICERS. SEC. 16-39. [Repealed.] 40. Powers of judges of county courts. 41. Powers of commissioners of deeds. 42 & 43. [Repealed.] 44 & 45. Authority of notaries public. 46 & 47. [Repealed.] 48. Their liabilities for misconduct. 49-53. [Repealed.] 54. Clerks, registers, etc., to keep offices open during certain hours. 55. Sheriffs to keep offices; notice of place to be filed. 56. Papers may be served at sheriff's office. 57. When they may be served on county clerk. 58. Sheriffs not to hold courts, except in certain cases. 59. Not to take bonds, etc, in any case not prescribed by law. 60. Who to assign bonds, in case of vacancy in sheriff's office. [Sections 16--39 were repealed by L. 1877, ch. 417.] . ART. 2 § 40. Judges of county courts shall have power, I. To take the proof and acknowledgment of conveyances of Powers of real estate, and the discharge of mortgages: 2. To take the acknowledgment of bail in any action in the supreme court, and in the court of common pleas of the county for which they are appointed: 3. To take the acknowledgment of satisfaction of judgments in the supreme court, and in the court of common pleas of their County: and, 4. To perform such other duties as are or may be enjoined by law. § 41. Commissioners of deeds appointed for any county or city, have power, county judges. Powers of commissioners of [283] 1. To take the proof and acknowledgment of conveyances of deeds. real estate, and the discharge of mortgages: 2. To take the acknowledgment of bail in any action in the supreme court, and in the court of common pleas of the county for which they are appointed, or in the mayor's court of the city for which they are appointed; and in the city and county of New York, in any action in the superior court of law therein: 3. To take the acknowledgment of satisfaction of judgments, in the court of common pleas of the county for which they are appointed, or in the mayor's court of the city for which they are appointed, or in the supreme court; and to perform such other duties as are or may be enjoined by law. [L. 1818, 44.] [Sections 42 and 43 were repealed by L. 1877, ch. 417.] public no4 Park. Cr. § 44. Notaries public have authority to demand acceptance and Powers of payment of foreign bills of exchange, and to protest the same for taries. non-acceptance and non-payment; and to exercise such other R., 215; 49 powers and duties, as by the law of nations, and according to commercial usage, or by the laws of any other state, government or country, may be performed by notaries public. How. Pr. § 45. They may also demand acceptance of inland bills of ex- Id. change, and payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-payment, as the case may require. But neither such protest, nor any note thereof, made by any notary in this state, shall be evidence in any court of this state, of any facts therein contained, except in the cases specified in the next section. 77. [284] bilities for [Sections 46 and 47 (revised in Code Civ. Proc., § 924), were repealed by L. 1877, ch. 417.] § 48. For any misconduct in any of the cases where notaries Their liapublic appointed under the authority of this state, are authorised to miscon act, either by the laws of this state or of any other state, govern- duct. ment or country, or by the law of nations or by commercial usage, they shall be liable to the parties injured thereby, for all damages sustained; and shall be subject to criminal prosecution and punishment, in the same cases, and in the same manner, in which other public officers of this state, would be liable for misconduct in any official duty or act, authorised or enjoined by the laws of this state. [Sections 49-53 were repealed by L. 1877, ch. 417.] [285] TITLE 2. clerks, &c., open. 26 How. § 54. Clerks of counties and of courts of record in this state, and Offices of the register of deeds in the city and county of New York, shall to be kept respectively keep open their several offices for the transaction of BEN. Y., 86; business, every day in the year, except Sundays and such other days Pr. R., 183. as are or shall be declared by law to be holidays, in the county of New York, from nine o'clock in the forenoon to four o'clock in the afternoon, and in each of the other counties of this state, between the thirty-first day of March and the first day of October, from eight o'clock in the forenoon to six o'clock in the afternoon, and between the thirtieth day of September and the first day of April, from nine o'clock in the forenoon to five o'clock in the afternoon. [Thus amended by L. 1860, ch. 276.] Sheriffs' offices. 26 How. Pr. R., 183. Papers may be served there. § 55. It shall be the duty of the sheriff of every county, to keep an office in some proper place in the city or village in which the county courts are held; of which he shall file a notice in the office of the clerk of the county. If there be more than one place of holding courts, the notice shall specify in which his office will be kept, or it may specify that an office will be kept in all such places, if he thinks proper. Such office shall be kept open during the hours and on the days in the last section specified. § 56. Every notice or other paper which shall be required to be served on any sheriff, may be served by leaving the same at the office 16 Abb., N. designated by him in such notice, during the hours for which it is 8., 396. When on county clerk. [286] When sheriffs to hold courts. 7 How. Pr. R., 323. Taking bonds, &c. Assigning bonds, &c., upon vacancy in office. herein required to be kept open; but if there be any person belonging to such office therein, such notice or paper shall be delivered to such person; and every such service shall be deemed equivalent to a personal service on such sheriff. § 57. If no notice shall be filed by any sheriff with the county clerk as herein required, the service of all papers on such sheriff may be made by leaving them at the office of the county clerk, with such clerk or his deputy; and the same shall be deemed equivalent to a personal service on such sheriff. § 58. No sheriff shall be authorised to hold any court for any purpose whatever, except to execute writs of inquiry, and such special writs as may be directed to him, pursuant to any statute, and in the cases provided by law to inquire into any claim to property, seized or levied upon by him. § 59. No sheriff or other officer, shall take any bond, obligation or security, by colour of his office, in any other case or manner than such as are provided by law; and any such bond, obligation or security, taken otherwise than as herein directed, shall be void. 18 N. Y., 117; 13 Barb., 365; 4 Barb., 52; 2 Hill, 218; 1 Hill, 22, 299; 23 Wend., 608; 21 Wend., 57, 90, 607; 19 Wend., 188; 19 Johns. R., 235; 7 Johns. R., 160; 23 N. Y., 321; 12 Hun, 474; 17 J. & S, 211; 31 Hun, 267; 33 Hun, 348; 39 Hun, 313; 81 N. Y., 573; 84 N. Y., 222; 43 Hun, 201. § 60. Whenever any sheriff is required by law to assign any bond taken by him in the progress of any cause or proceeding, to any party, and the office of such sheriff shall be vacant, his under sheriff, or the person acting in the place of such sheriff, is authorised, and may be compelled to execute such assignment, in the name of the sheriff to whom such bond was given; which assignment shall be as valid and effectual as if executed by said sheriff. ᎪᎡᎢ. 2. books of 24 Wed., Y., 86; 87 182; 52 N. N. Y., 2 257. § 61. It shall be the duty of the clerk of each county in this state, Indexes to and of the register of the city and county of New York, to attach deeds, &c. to every book kept in his office, in which deeds or mortgages shall be recorded, or collectors' bonds entered, an index to the matters contained in such books, arranged in alphabetical order, under the names of the several parties to such matters, with references to the pages where the same may be found; which, together with such books, shall at all proper times be open for the inspection of any person paying therefor the fees allowed by law. [Sections 62 and 63 were repealed by L. 1877, ch. 417.] L. 1859, Chap. 360- An act authorizing notaries public of the state of New York to perform the duties now performed by commissioners of deeds. Additional powers to notaries. SECTION 1. In addition to their present powers, notaries public of this state are hereby authorized to administer oaths and affirmations, and to take the proof and acknowledgments of deeds, mortgages and any other papers for use or record in this state, in all the cases where the same may now be taken and administered by commissioners of deeds, and under the same rules, regulations and requirements prescribed to commissioners of deeds, and such notaries' acts may be performed without official seal. 76 N. Y., 220. L. 1863, Chap. 508 – An act to define and limit the number of notaries public in the several counties in this state, and confer authority to take affidavits and acknowledgments. [Section 1 is in chapter 5, p. 380, ante.] Powers of notaries. § 2. Notaries public shall have all the powers now conferred upon them by law, and shall also have power to take affidavits and certify to the same, and to take and certify the acknowledgment and proof of deeds and other instruments in writing in all cases where justices of the peace or commissioners of deeds may now take and certify the same, and all acts of notaries public in making or taking such certificates of the acknowledgment or proof of deeds or other instruments in writing since the passage of the act, chapter three hundred and sixty of the laws of eighteen hundred and fifty-nine, are hereby confirmed and declared valid. L. 1872, Chap. 703 - An act to extend the powers of notaries public in the city and county of New York, and in the county of Kings. Notaries appointed for either New York or Kings. county may perform official acts in both counties. SECTION 1. Any notary public now or hereafter duly appointed and qualified in and for either the city and county of New York, or the county of Kings of this state, shall have, and hereby are invested with full power and authority to do and perform any where in said city and county of New York, or county of Kings, any and every act and thing which they are now by law author ized to do and perform within the county in and for which they are appointed respectively. Statement to be made in body of affidavits and acknowledgments; clerk's certificate to be attached to entitle instrument to be recorded. § 2. Whenever a notary public of the city and county of New York, or county of Kings, pursuant to the power and authority in the preceding section given, shall take any affidavit or the proof or acknowledgment of any deed or other instrument of writing, to be used or recorded in this state, in a county other than that in and for which he shall have been appointed, he shall state in the body of such affidavit, or certificate of proof or acknowledgment, or after his signature thereto, as such notary, the name of the county in and for which he shall have been so appointed; and before any deed or instrument in writing so acknowledged shall be entitled to be recorded in any county other than that in and for which such notary was appointed, there shall be subjoined, or attached, to the certificate of proof or acknowledgment signed by such notary, a certificate under the hand and official seal of the clerk of the county in and for which such notary was appointed, specifying that he was at the time of taking such proof or acknowledgment a notary public in and for said county, commissioned and sworn and duly authorized to take the same; that such clerk is well acquainted with the handwriting of such notary, and verily believes that the signature to said certificate of proof or acknowledgment is genuine. L. 1873, Chap. 807 — An act concerning notaries public in the counties of Kings, Queens, Richmond, Westchester, Rockland (and Orange)* and in the city and county of New York, and ́authorizing them to exercise the functions of their office therein. Notaries public of counties named may file certificate of their appointment, etc., in any other of said counties; clerk to subjoin certificate; conveyances so acknowledged, etc., to be read in evidence. SECTION 1. Any notary public now or hereafter appointed for the county of Kings, Queens, Richmond, Westchester, Putnam, Suffolk, Rockland, Orange and Dutchess, or for the city and county of New York, upon filing a certified copy of his appointment with his autograph signature in the clerk's office of any other of said counties, is hereby authorized to exercise all the functions of his office in such other of said counties, and also in the county in which he resides, for each of such counties, with the same effect as he now possesses by law in the county for which he is appointed. And the county clerk of any of said counties in whose office any notary public appointed as aforesaid, shall have filed a certified copy of his appointment, with his autograph signature, is hereby authorized and required, whenever so requested, to subjoin to any certificate of proof or acknowledgment signed by such notary public, a certificate under his hand and official seal, specifying that said notary public has filed a certified copy of his appointment, with his autograph signature, in his office, and was at the time of taking such proof or acknowledgment duly authorized to take the same, and that said clerk is well acquainted with the handwriting of said notary public, and verily believes that the signature to the said certificate of proof or acknowledgment is genuine. And any conveyance so proved or acknowledged, and having such county clerk's certificate subjoined thereto, shall be entitled to be read in evidence or to be recorded in any of the counties of this state. [Thus amended by L. 1888, ch. 542, superseding L. 1880, ch. 234, and L. 1883, ch. 140.] L. 1884, Chap. 270 – An act to extend the jurisdiction of notaries public. Notary may file certified copy of appointment, etc., in adjoining county; clerk's certificate; acknowledgment, etc., valid. SECTION 1. Any notary public, now or hereafter *It is supposed that the intent of L. 1883, ch. 140, § 2, was to add these words to the title of this act, although it purports to add them to the title of L. 1880, chap. 234, which amended an act amending this act. |