Different books for mortgages. 28 N. Y., 214; 6 N. Y., 147; 5 Bosw., 382; 42 N. Y., 343; 13 J. & S., 404; 99 deemed same real estate, or any portion thereof, whose conveyance shall be first duly recorded. 3 N. Y., 520; 8 N. Y., 27, 450; 29 Barb., 507; 25 Barb., 399; 22 Barb., 65; 20 Barb., 392 ; 18 Barb., 202; 16 Barb., 264; 6 Barb., 67, 349, 346; 15 Wend., 588; 8 Wend., 620; 6 Wend., 213; 3 Wend., 180; 2 Barb. Chr., 158; 6 Hill, 473; 2 Hill, 650; 8 Paige, 547; Paige, 215; 3 Paige, 437; 1 Sandf. Ch., 425; 1 Edw., 653; 2 Johns. Ch R., 604; Johns. R., 509; 28 N. Y., 213; 42 Barb., 422; 35 Barb., 334; 1 Hun, 396; 52 N Y., 138 1 Abb. Ct. App. Dec., 295; 4 id., 701; 4 Hun, 300, 705; 63 Barb., 16; 7 Lans., 3; 37 How. Pr. R., 260; 45 How. Pr. R., 27; 6 T. & C., 357, 566; 8 Bosw., 174, 523; 69 N. Y., 1, 76 N Y., 463; 13 J. & S., 404; 7 Abb. N. C., 188; 19 Hun, 209; 19 Hun, 182; 79 N. Y., 23; id., 373; 21 J. & S., 175; 12 Abb. N. C., 402; 23 Hun, 509; 29 Hun, 62, 379; 30 Hun, 411; 36 Hun, 566; 39 Hun, 229, 235, 609; 86 N. Y., 221; 87 N. Y,, 257, 446; 89 N. Y., 592, 641; 95 N. Y., 346; 97 N. Y., 416; 85 N. Y., 43. [1 R. L., 369, 372; L. 1819, 269; L. 1821, 127; L. 1822, 261, 284; L. 1823, 412.] § 2. Different sets of books shall be provided by the clerks of the several counties, for the recording of deeds and mortgages; in one of which sets, all conveyances absolute in their terms, and not intended as mortgages, or as securities, in the nature of mortgages, shall be recorded; and in the other set, such mortgages and securities shall be recorded. § 3. Every deed conveying real estate, which by any other instrudeeds to be ment in writing, shall appear to have been intended, only, as a security mortgages. in the nature of a mortgage, though it be an absolute conveyance in Defeasan terms, shall be considered as a mortgage; and the person for whose benefit such deed shall be made, shall not derive any advantage from the recording thereof, unless every writing, operating as a Barb., 652; defeasance of the same, or explanatory of its being designed to have the effect only of a mortgage, or conditional deed, be also recorded therewith, and at the same time. ces, &c., to be recorded. 16 Barb., 439; 5 3 Wend., 208;2 Cow., 324; 5 Paige, 111; 1 Paige,553; Cl. Ch., 167; 6 Johns. Ch. R., 417; 42 N. Y., 343; 6 Lans., 268; 5 Bosw., 383; 18 Hun, 298. [ 1 R. L., 372, § 3; L. 1822, 262, § 3.] Officers who may take § 4. To entitle any conveyance hereafter made, to be recorded by any county clerk, it shall be acknowledged by the party or parties proofs, &c., executing the same, or shall be proved by a subscribing witness thereto, before any one of the following officers: deeds. In this state. (757) In any other part of United States. 6 N. Y., 422; 5 N. Y., 36; 8 1. If acknowledged or proved within this state; the chancellor, justices of the supreme court, circuit judges, supreme court commissioners, judges of county courts, mayors and recorders of cities, or commissioners of deeds; but no county judge, or commissioner of deeds for a county or city, shall take any such proof or acknowledgment, out of the city or county, for which he was appointed: 2. If acknowledged or proved out of this state, and within the United States; the chief justice and associate justices of the supreme court of the United States, district judges of the United States, the judges or justices of the supreme, superior or circuit court, of any state or territory, within the United States, and the chief judge, or any associate judge, of the circuit court of the United States, in the District of Columbia; but no proof or acknowledgment, taken by any such officer, shall entitle a conveyance to be recorded, 162; 81 N. unless taken within some place or territory, to which the jurisdiction of the court to which he belongs, shall extend. B54 Hill, 574; 6 Paige, 60; 11 Johns. R., 435; 4 Johns R., Y., 474. Ambassadors, consuls, &c., [1 R. L., 369, § 1.] § 5. If the party or parties executing such conveyance, shall be, or reside, in any state or kingdom in Europe, or in North, or South in Europe, America, the same may be acknowledged or proved before any 34 Hun, 203. minister plenipotentiary, or any minister extraordinary, or any charge &c des affaires, of the United States, resident and accredited within such state or kingdom. If such parties be or reside in France, such conveyance may be acknowledged or proved before the consul of the United States, appointed to reside at Paris; and if such parties be or reside in Russia, such conveyance may be acknowledged or proved before the consul of the United States appointed to reside at St. Petersburgh. [1816, 118.] consuls, Great Bri tain; 30 Hun, 57; 34 § 6. If the party to such conveyance be, or reside within the Mayors, United Kingdom of Great Britain and Ireland or the dominions &c., in thereunto belonging, the same may be acknowledged or proved before the mayor or provost or chief magistrate of any city or town in said kingdom or dominions, or before any consul of the United States appointed to reside at any place in said kingdom or dominions. [Thus amended by L. 1883, ch. 80.] [1 R. L., 370, § 3; L. 1817, 58.] Hun, 203. &c., how § 7. Such proof or acknowledgment, duly certified under the Proofs, hand, and seal of office, of such consuls, or of the said mayors or certified in chief magistrates respectively, or of such minister or chargé des affaires, foreign shall have the like force and validity, as if the same were taken, before a justice of the supreme court of this state. [L. 1816, 118; 1 R. L., 370; L. 1817, 58.] countries. &c., taken commis § 8. Every such conveyance, heretofore made, or hereafter to be Proofs, made, may be acknowledged or proved, without the United States, by special before any person specially authorized for that particular purpose, sion from by a commission under the seal of the court of chancery of this chancery. state, to be issued to any reputable person residing in, or going to, the country where such proof or acknowledgment is to be taken; and the acknowledgment or proof so taken, shall be of the like force and validity, as if the same were taken before a justice of the supreme court of this state. [L. 1817, 58, §§ 1 and 2.] [758] for acments. § 9. No acknowledgment of any conveyance having been executed, shall be taken by any officer, unless the officer taking the Requisites same, shall know, or have satisfactory evidence, that the person knowledg making such acknowledgment, is the individual described in, and 25 Wend., who executed such conveyance. 541; 4 Wend., 563; 2 Cow., 552; 11 Johns. R., 434; 6 Johns. R., 149; 1 Johns. R., 498; 2 274; 19 Wend.,442; 13 Wend., T. & C., 87; N. C., 451. Id., when made by married s state 4N, Y., 15; [1 R. L., 369, §§ 1 and 2.] § 10. The acknowledgment of a married woman residing within this state, to a conveyance purporting to be executed by her, shall not be taken, unless in addition to the requisites contained in the preceding section, she acknowledge, on a private examination, apart from her husband, that she executed such conveyance, 371; 17 freely, and without any fear or compulsion of her husband; nor shall any estate of any such married woman, pass, by any conveyance not so acknowledged. [Abrogated by L. 1879, ch. 249, post.] · N. 20 Barb., Barb., 660; 15 Barb., Barb., 54; 337; 13 5 Barb., 227; 2 Barb. Ch., 268; 10 Paige, 346, 3 Paige, 121; 8 Cow., 283; 20 Johns. R., 201; 16 Johns. R., 110; 7 Johns. R. 86; 4 Edw. 73; 12 How. Pr. R., 441; 63 Barb., 71; 4 Bosw., 93; 4 J. & S., 297; 7 Lans., 6; 38 Hun, 404. Married women residing out of this state. 494. Proof by subscrib. ing wit ness. 1 Wend., 406; 1 Hopk., 267; 2 Cow., 552; 4 Ed., 73; 36 N. Y., 435; 2 T. & C, 87; 36 N. Y., 435; 20 Barb., 555; 24 When and how wit § 11. When any married woman, not residing in this state, shall join with her husband, in any conveyance of any real estate, situated within this state, the conveyance shall have the same effect as if she were sole; and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole. [1 R. L., 369, §§ 1 and 2.] § 12. The proof of the execution of any conveyance, shall be made by a subscribing witness thereto, who shall state his own place of residence, and that he knew the person described in, and who executed such conveyance; and such proof shall not be taken, unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such instrument. 371; 13 Barb., 54; 8 Barb., 562; 13 Wend., 541; 1 Johns. R., 498; 7 Wend., 366; 2 Wend., [1 R. L., 369, §§ 1 and 2.] § 13. Upon the application of any grantee, in any conveyance, nesses to his heirs or personal representatives, or of any person claiming under compelled them, verified by the oath of the applicant, that any witness to the concerning Conveyance, residing in the county where such application is made, deeds, to testify them. 36 N. Y., 435. Penalty, etc., for refusal to appear to testify. [759] Certificate of proof, endorsed on deed; its contents. refuses to appear and testify, touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorised to take the acknowledgment or proof of conveyances, except a commissioner of deeds, may issue a subpoena requiring such witness to appear and testify before such officer touching the execution of such conveyance. §14. Every person, who being served with such subpoena, shall, without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured, one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail, and without the liberties of the jail, until he shall submit to answer upon oath as aforesaid. § 15. Every officer who shall take the acknowledgment or proof etc., to be of any conveyance, shall endorse a certificate thereof, signed by himself, on the conveyance; and in such certificate shall set forth the matters herein before required to be done, known or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, Barb., 54; and the substance of the evidence by them given. 20 Bard., 371; 13 8 Barb., 562; 24 Wend., 92; 13 Wend., 541; 1 Wend, 406; Hopk., 267; 2 Cow., 552; 4 Edw., 73; 36 N. Y., 435; 2 T. & C., 87; 10 Daly, 151; 14 Abb. N. C., 450; 90 N. Y., 618. Certificates of certain of commis authentica [1 R. L., 369, §§ 1 and 2.] [Sections 16 and 17 repealed by L. 1877, ch. 417.] § 18. Where any conveyance shall be proved or acknowledged, judges and before any judge of the county courts, not of the degree of counsioners of sellor at law, in the supreme court, or before any commissioner of deeds, to be deeds appointed for any county or city, it shall not be entitled to be ted in cer- read in evidence, or to be recorded, in any other county than that by county in which such judge or commissioner shall reside, unless in addition 6 NY, 422; to the preceding requisites, there shall be subjoined to the certificate 277 of proof or acknowledgment, signed by such judge or commissioner tain cases clerk. 1 N. Y., 23 Barb., Wend., 180; 14 Abb. N. C., 450; 36 Hun, 24, 38. a certificate under the hand and official seal of the clerk of the 555, 559; 3 county, in which such judge or commissioner resides, specifying that such judge or commissioner was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that the said clerk is well acquainted with the handwriting of such judge or commissioner, and verily believes, that the signature to the said certificate of proof or acknowledgment, is genuine. [L. 1818, 44, §§ 5 and 8.] § 19. The last section shall not apply to any conveyance executed by any agent for the Holland Land Company, or by any agent of the Pulteney estate, lawfully authorized to convey real estate. be re veyance. 20. The certificate of the proof or acknowledgment of every Certificates conveyance, and the certificate of the genuineness of the signature tod of any judge or commissioner, in the cases where such last men- with contioned certificate is required, shall be recorded, together with the [760] conveyance, so proved or acknowledged; and unless the said certifi- Effect of cates be so recorded, neither the record of such conveyance, nor the 10 Daly, transcript thereof, shall be read, or received in evidence. [L. 1818, 44, § 5.] omission. 151; 14 Abb. N. C., 450. treasurer ticut. § 21. All conveyances of real estate, executed since the tenth day 'Convey of March, one thousand eight hundred and twenty-five, or hereafter ances by to be executed, by the treasurer of the state of Connecticut, which of Connec shall be acknowledged. by him before the secretary of state of the state of Connecticut, and the acknowledgment of which, shall be certified by the said secretary, under the seal of the said state, in the manner herein prescribed, may be recorded in the proper offices within this state, without further proof thereof; and every such conveyance, or the record thereof, or the transcript of such record, duly certified, may be read in evidence, as if such conveyance had been acknowledged before a justice of the supreme court. [L. 1825, 35.] affect con.. heretofore § 22. Every conveyance of any real estate within this state, here- This chaptofore executed, and heretofore acknowledged or proved and certi- ter not to fied, in such manner as to be entitled to be read in evidence, or veyances recorded, under the laws now in force, but which has not been so proved, &c. recorded, shall be entitled to be read in evidence, in all courts, and to be recorded in the proper office, in the same manner, and with the like effect, as if this chapter had not been passed. 3 Duer, 73. conveyan § 23. Every such conveyance, not already proved or acknowl- Existing edged, may be proved or acknowledged, in the same manner as con- ces not veyances hereafter executed, and when so proved, acknowledged or Duer, 78. recorded, shall have the like effect. proved. recording, § 24. Every conveyance entitled by law to be recorded, shall be Order of recorded in the order, and as of the time, when the same shall be &c. delivered to the clerk for that purpose, and shall be considered as 25 Hun, 570. recorded, from the time of such delivery. [1 R. L., 370 § 5.] 8 Cow., 261; § 25. The recording officer shall make an entry in the record, Time of reimmediately after the copy of every conveyance recorded, specifying be entered cording to and endorsed on deed. Tran. scripts of records, how to be verified. [761] Discharge etc., of C., 357; 33 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 of record, 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 certified, as herein before prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied and discharged. Hun, 617; 89 Hun, 235; 43 Hun, 463; 82 NY, 32; 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 dis charge. Proof of deed when witnesses are dead. fied. record thereof. [The same.] § 30. Where the witnesses to any conveyance, authorised by this 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. What proof § 31. The proof of the execution of any conveyance in such case, to be made, how certi- 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. When deed to be recorded. § 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. |