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cause to be filed in the office of the secretary of the state, a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing. [Thus amended by L. 1876, ch. 58.]

Papers acknowledged before commissioners, to be recorded. § 4. When any deed or other instrument shall be proved or acknowledged, or any oath or affirmation shall be taken before any commissioner appointed by virtue of this act, before it shall be entitled to be used, recorded or read in evidence, in addition to the preceding requisites, there shall be subjoined or affixed to the certificate, signed and sealed by such commissioner as aforesaid, a certificate under the hand and official seal of the secretary of state of this state, certifying that such commissioner was at the time of taking such proof or acknowledgment, or of administering such oath or affirmation duly authorized to take the same, and that the secretary is acquainted with the handwriting of such commissioner, or has compared the signature to such certificate with the signature of such commissioner deposited in his office, and has also compared the impression of the seal affixed to such certificate, with the impression of the seal of such commissioner deposited in his office, and that he verily believes the signature and the impression of the seal of the said certificate to be genuine.

Commissioners authorized to act as such only within city or county where they shall reside when appointed. § 5. No commissioner appointed under or by virtue of this act shall be authorized to take the proof or acknowledgment of any deed or instrument, or to administer any oath or affirmation at any place other than within the city and county within which he shall reside at the time of his appointment, and every certificate of any such commissioner to any proof or acknowledgment taken before him, or to any oath or affirmation administered by him, shall specify the day on which and the town and county or the city within which the same was taken or administered; and without such specification the said certificate shall be wholly invalid, inoperative and void. [Thus amended by L. 1880, ch. 115.]

Fees of secretary of state. § 6. The secretary of state shall be entitled to demand and receive the sum of twenty-five cents for every certificate by him given in pursuance of the fourth section of this act. [Thus amended by L. 1857, ch. 788.] [Section 7 repeals L. 1840, ch. 290, and makes other temporary provision.]

Instructions to be prepared. § 8. It shall be the duty of the secretary of state of this state, to prepare instructions and a set of forms in conformity with the laws of this state, and to forward the same, together with a copy of this act, to every person who shall be appointed a commissioner under and by virtue of this law.

Eligibility. § 9. No person shall be appointed a commissioner under this act, who is not at the time of his appointment, a resident of the city or county, and state or territory for which he may be appointed.

[This act was repealed by L. 1875, ch. 136, § 11, post, so far as it authorized the appointment, by the governor, of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in the Dominion of Canada.]

L. 1858, Chap. 259–An act in relation to the proof or acknowledgment of deeds and other conveyances by persons residing out of this state. Deeds, etc., how to be acknowledged. SECTION 1. Any deed or conveyance or other written instrument, affecting real estate within this state, proved or acknowledged in any other state or territory of the United States, according to the laws of such state or territory, where the grantor or grantors of such deed or conveyance and the officer before whom the same shall be proved or acknowledged shall be dead; and when such proof or acknowledgment shall be certified as herein provided,

may be recorded in any county of the state, and may be read in evidence in any court of this state, in the same manner and with the like effect as though the same had been proved or acknowledged as required by the laws of this state, provided that the death of the grantor or grantors, and of the officer before whom the same shall be proved or acknowledged, shall be proved by the affidavit of one or more persons, sworn to before some officer authorized by law to administer oaths in such state or territory, and certified as herein provided.

Certificate to be annexed, etc. 2. To entitle such deed or conveyance, or other written instrument, to be read in evidence or recorded in this state, there shall be annexed to the certificate of proof or acknowledgment, signed by such officer, a certificate under the name and official seal of the clerk or register of the county in which such officer resided, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk or register is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment is genuine, and that such deed or conveyance or written instrument, is proved or acknowledged in all respects, as required by the laws of such state or territory. There shall also be a like certificate of such clerk or register, attached to the jurat or affidavit, proving the death of the grantor or grantors, and of the officer before whom the deed or written instrument was proved or acknowledged, certifying that such officer was, at the time of taking such affidavit or affidavits, duly authorized to take the same, and that such clerk or register is well acquainted with the handwriting of such officer, and verily believes that the signature to such jurat or affidavit is genuine. Such affidavit or affidavits shall be recorded with such deed or other written instrument, and be presumptive evidence of the facts therein stated.

L. 1862, Chap. 365—An act to authorize the discharge of mortgages of record in certain cases.

Discharge, how obtained by petition, etc.; proviso as to mortgages assigned where assignment is not acknowledged. SECTION 1. The mortgagor, his heirs, or any person having any interest in any lands described in any mortgage of real estate in this state, which is recorded in this state, and which from the lapse of time, is presumed to be paid, or in any moneys into which said lands have been converted under a decree of a court of competent jurisdiction, and which are held in place of such lands to answer such mortgage, may present his petition to the courts mentioned in this act, asking that such mortgage may be discharged of record. Such petition shall be verified; it shall describe the mortgage, and when and where recorded, and shall allege that such mortgage is paid; that the mortgagee has, or, if there be more than one mortgagee, that all of them have, been dead for more than five years; or, if such mortgagee be a corporation or association, that such corporation or association has ceased to exist and do business as such for more than five years; the time and place of his or their death, and place of residence at the time of his or their death; whether or not letters testamentary or of administration have been taken out, or, if said mortgagee or mortgagees at the time of his or their death resided out of this state, whether or not letters testamentary or of administration have been taken out in the county where such mortgaged premises are situated; or, if a corporation or association, its last place of business; the names and places of residence, as far forth as the same can be ascertained, of the heirs of such mortgagee or mortgagees; or, if such mortgagee be a corporation or association, then the names of one or more of the receivers, if any were appointed, or of the person who has the care of the closing up of the business of such corporation or association; and that such mortgage has not been assigned or transferred, and if such mortgage has been assigned, state to whom, and the facts in regard to the same. Provided, however, that if such mortgage has been duly assigned by indorsement thereon, or otherwise, but not acknowledged so as to entitle the same to be recorded, then it shall be competent for

the court, at any time within the period aforesaid, upon proof that all the matters herein before required to be stated in said petition are true, and that the assignee of such mortgage, if living, or his personal representative, if dead, has been paid the amount due thereon, to make an order that such mortgage be discharged of record. [Thus amended by L. 1884, ch. 326.]

Where presented. § 2. Such petition may be presented to the supreme court in the county where the mortgaged premises are situated, or to the county court of such county, or when situate in the city of New York to the superior court thereof, or when situate in the city of Buffalo to the superior court thereof. [Thus amended by L. 1882, ch. 100.]

Order to show cause; publication and service thereof. § 3. The court upon the presentation of such petition, shall make an order requiring all persons interested to show cause at a certain time and place, why such mortgage should not be discharged of record. The names of the mortgagor, mortgagee and assignee, if any, the date of the mortgage and where recorded and the town or city in which the mortgaged premises are situate shall be specified in the order. The order shall be published in such newspaper or newspapers, and for such time as the court shall direct. The court may also direct the order to be personally served upon such persons as it shall designate.

Commission to take testimony; order of court. §4. The court may issue commissions to take the testimony of witnesses, and may refer it to a referee to take and report proofs of the facts stated in the petition. The certificate of the proper surrogate or surrogates, whether or not letters testamentary or of administration have been issued, shall be evidence of the fact; and the certificate of the clerk of the county or counties in which the mortgaged premises have been situate, since the date of said mortgage, shall be evidence of the assignment of such mortgage, or of a notice of the pendency of an action to foreclose such mortgage, and of such other matters as may be therein stated; or if a notice of the pendency of an action to foreclose such mortgage has been filed, then his certificate that such mortgage has never been foreclosed unless the allegation of payment shall be denied, and evidence be given, tending to rebut the presumption of payment, arising from lapse of time, such lapse of time shall be sufficient evidence of payment. Upon being satisfied that the matters alleged in the petition are true, the court may make an order that the mortgage be discharged of record. [Thus amended by L. 1882, ch. 278.]

Duty of county clerk. § 5. The county clerk upon being furnished with a certified copy of such order and paid the fees allowed by law for discharging mortgages, shall record said order and discharge the mortgage of record.

L. 1863, Chap. 246- An act in relation to the acknowledgment of proof of the execution of instruments in writing by persons in foreign countries, and to the administering of oaths to them.

Foreign acknowledgments. SECTION 1. The acknowledgment or proof 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 in this state, by any person being in any foreign country, may be made before any consul-general, vice-consul, deputy consul, consular agent, vice-consular agent, commercial agent, or vice-commercial agent of the United States government, resident in any foreign port or country, and when certified by him, under his seal of office or under the seal of the consulate or agency to which he is attached, to have been made before him by the party executing or being a subscribing witness to the same, and that the said party executing the same is known or proven to him to be the same person who is described in and who executed the same shall be as valid and effectual as if taken before one of the justices of the supreme court in this state. [Thus amended by L. 1888, ch. 246, superseding L. 1865, ch. 421.]

Former ones confirmed. § 2. All acts of vice-consuls, deputy consuls, consular agents, vice-consular agents, commercial agents, or vice-commercial agents of the United States government, in taking the acknowledgment or proof of deeds, mortgages or other instruments relating to real estate, hitherto performed, are hereby confirmed; provided that the certificate thereof is in the form required by the statutes of this state. [Thus amended by L. 1865, ch. 421.]

[Section 3 was repealed by L. 1877, ch. 417.]

L. 1863, Chap. 456-An act to provide for the recording of the stamps of the United States internal revenue, and for the certifying of the same when affixed to any instrument, and other purposes.

When revenue stamps to be recorded. SECTION 1. Whenever, to any instrument of writing, which may, by the provisions of law, be recorded in any public office, there shall have been affixed any stamp or stamps of the United States internal revenue, the officer whose duty it is to record such instrument of writing shall also record such stamp or stamps in connection with the record of such instrument. When certified copy of stamp evidence. § 2. Whenever, to any record, document or other paper, a certified copy of which is declared by law to be evidence, there shall have been affixed a stamp or stamps of the United States internal revenue, a certified copy of such stamp or stamps is hereby declared to be evidence, if the copy of such stamp or stamps shall be certified by the clerk or officer in whose custody such record, document or other paper is by law required to be, to have been compared by him with the original, and to be a correct transcript from the written or printed part thereof, and of the whole of such written or printed part; and if such officer have an official seal by law, such certificate shall be attested by such seal.

When public officer may charge for stamp. § 3. Any public officer who shall be required by law to affix to any certificate or other instrument, in writing, made or issued by him, any stamp, shall be entitled to charge and collect the price thereof, in addition to any fees or other compensation which he is now by law entitled to charge or receive, to be paid by the person for whose benefit such certificate or other instrument, in writing, is made or issued by such officer.

L. 1867, Chap. 557 – An act to amend chapter one hundred and ninetyfive, laws of 1848, entitled “An act to provide for taking the acknowledgments of deeds and other written instruments, by persons residing out of the state of New York," passed April 7th, 1848.

[Section 1 amends L. 1848, ch. 195, § 2.]

Application of act. § 2. This act shall apply to all conveyances or written instruments heretofore proved, or acknowledged and recorded, or to which a certificate has been subjoined or attached, as provided by this act, but shall not affect any litigation now pending.

L. 1870, Chap. 208- An act in relation to the acknowledgment or proof of the execution of instruments in writing by persons in the dominion of Canada.

Acknowledgments may be taken before certain judges and mayors; certificate by clerk of court. SECTION 1. The acknowledgment or proof 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 in this state, by any person being in the dominion of Canada, may be made (in addition to the persons already authorized

by law) before the judge of any court of record, or the mayor of any city, within the said dominion of Canada; but no such acknowledgment or proof shall be valid unless the officer taking the same knows or has satisfactory evidence that the person making it is the individual described in and who executed the instrument. And there must be subjoined or attached to the certificate of proof or acknowledgment, if taken before a judge of a court of record, a certificate under the name and official seal of the clerk of the court, that there is such a court; that the judge before whom the proof or acknowledgment is taken is a judge thereof; that such court has a seal; that he is the clerk thereof; that he is well acquainted with the handwriting of such judge, and verily believes his signature genuine. If the proof or acknowledgment be taken before the mayor of any city, it shall be certified by him under his seal of office. And such proof or acknowledgment taken pursuant to the foregoing provisions shall be as valid and effectual as if taken before a justice of the supreme court of this state.

L. 1872, Chap. 692 - An act to amend section three of chapter nineteen of laws of 1821, to perpetuate certain testimony respecting the title of the Poultney estate in this state.

Amendment. SECTION 1. Section three of chapter nineteen of laws of eighteen hundred and twenty-one, is hereby amended so as to read as follows:

When copies of the depositions to be received in evidence; not to affect existing suits. § 3. And be it further enacted, that copies of the depositions so as aforesaid taken and filed, when certified by the register of the court of chancery and having the seal of the court thereto affixed, shall and may at all times hereafter, and in all courts as well of law as of equity in this state, be received and read as prima facie evidence of the facts in the said depositions set forth in all suits which may be depending in the same courts and in which the title of the said Poultney estate may be the point in issue, or in which the title, by reason of any matter incidental to the point in issue, may be drawn into question, or between any and all persons claiming to hold lands within this state under conveyances from the Poultney estate. This act shall not affect any suit or proceeding now pending.

L. 1875, Chap. 136-An act to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in foreign states and countries, and for other purposes, and to repeal chapter three hundred and eight of the laws of 1858, and the acts amendatory thereof, together with so much of chapter two hundred and seventy of the laws of 1850, entitled "An act to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments and to administer oaths in other states and territories," and the acts amendatory thereof, as authorizes the appointment by the governor of this state of commissioners to take the proof and acknowledgment of deeds and other instruments and to administer oaths in the Dominion of Canada. Governor to appoint commissioners; powers; certificate of commissioner, effect of. SECTION 1. The governor is hereby authorized to appoint and commission one or more, and not exceeding five commissioners in each city in any foreign state or country, where, in his discretion such appointment may be necessary, who shall continue in office for four years, and who shall have authority to take the acknowledgment or proof of the execution of any deed or written instrument, to be recorded or read in evidence in this state, (except bills of exchange, premissory notes, and last wills and testaments), and also to administer an oath or affirmation to any person or persons who may desire to take the same and to certify to the taking of such oath or affirmation; and also to certify the existence of any patent, record or other document remaining of record in any public office

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