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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 was 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. (1847, ch. 170.)

$ 8. The governor of this state is hereby authorized to name, appoint and commission so many commissioners in such of the other states and territories of the United States, or in the District of Columbia, or in Canada, as he may deem expedient, provided that the number of commissioners shall at no time exceed five in any one city or county; the said commissioners shall continue in office for four years, and shall have authority to take the acknowledgment and proof of the execution of any deed, mortgage, lease or other conveyance of any lands, tenements or hereditaments, lying and being in this state, or of any contract, assignment, transfer, letter of attorney, satisfaction of a judgment or of a mortgage, or of any other writing or instrument under seal to be used or recorded in this state, also to administer an oath or affirmation, to any person or persons who may desire to make such oath or affirmation. (1850, ch. 270, § 1, as amended 1857, ch. 788, § 1.)

$ 9. Any acknowledgment or proof taken in pursuance of the powers and under the directions and limitations conferred by and mentioned in this act, in manner directed by the laws of this state, with respect to the acknowledgment or proof of deeds, taken by any officer authorized to take sach acknowledgment, residing within this state, and certified by any one of said commissioners, whose appointment is authorized by this act, before whom the same shall be taken or made under his hand and official seal; which certificate shall be indorsed on said deed or other instrument mentioned in the first section of this act, shall when authenticated in the manner hereinafter provided, be entitled to be recorded in any county in this state, and shall have the same force and effect, and be as good and available in law for all purposes, as if the same had been taken or made before any officer authorized to take such proof or acknowledgment, residing in this state: and any affidavit or affirmation made before any such commissioner, certified and authenticated as aforesaid, may be read in evidence, and shall be as good and effectual to all intents and purposes, as if taken and certified by an officer authorized to administer oaths, residing in this state. (1850, ch. 270, $ 2.)

$ 10. Every commissioner appointed by virtue of this act, shall before he performs any duty under and by virtue of his said appointment, and of this law, take and subscribe an oath or affirmation before a justice of the peace, or some other magistrate in the city or county in which he shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of the State of New York, which oath or affirmation shall be filed in the office of the secretary of this state, and every such commissioner shall also before he enters upon the duties of his office, cause to be prepared an official seal, in which shall be designated his name, and the words "a commissioner of deeds for the state of New York,” together with the name of the state or territory, (or country if in Canada,) and also of the city or county in which he shall reside, and for which he shall have been appointed, and shall transmit to and cause to be filed in the office of the secretary of 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. (Same ch. § 3, as amended 1857, ch. 788, § 2.)

§ 11. 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. (1850, ch. 270, $ 4.)

$ 12. No commissioner appointed under or by virtue of this law, 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 or 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, or the city or town and county within which the same was taken or administered; and without such specification the said certificate shall be wholly invalid, inoperative and void. (Same ch. $ 5.)

$ 17. 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. (1858, ch. 259, § 1.)

$ 18. 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. (Same ch. & 2.)

$ 19. (Sec. 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 America, the same may be acknowledged or proved before any minister plenipotentiary, or any minister extraordinary, or any charge 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.

$ 20. (Sec. 6.) If the party to such conveyance be or reside within the United Kingdom of Great Britain and Ireland, or the dominions thereunto belonging, the same may be acknowledged or proved before the mayor of the city of London, the mayor or chief magistrate of the city of Dublin, or the provost or chief magistrate of the city of Edinburgh, or before the mayor or chief magistrate of Liverpool, or before the consul of the United States, appointed to reside at London.

§ 21. [Sec. 7.] Such proof or acknowledgment, duly certified under the hand and seal of office of such consuls, or of the said mayors or chief magistrates respectively, or of such minister or charge des affaires, shall have the like force and validity, as if the same were taken before a justice of the supreme court of this state.

$ 22. The officers authorized by the fifth and sixth sections of chapter three, part second, of the revised statutes, to take the proof and acknowledgment of deeds conveying real estate, and also any other consul or vice-consul or minister resident of the United States, appointed to reside at any foreign port or place, are hereby authorized to administer oaths or affirmations to any person or persons who may desire to make such oath or affirmation; and any affidavit or affirmation made before any such officer, and certified and authenticated as provided in the seventh section of said chapter in respect to the proof and acknowledgment of a deed conveying real estate, may be read in evidence and shall be as good and effectual to all intents and purposes as if taken and certified by an officer authorized to administer oaths, residing in this state, and no other proof of the official character of such officer than the certificate annexed to such affidavit or affirmation shall be required. (1854, ch. 206.)

$ 23. [Sec. 8.] Every such conveyance heretofore made, or hereafter to be made, may be acknowledged or proved, without the United States, before any person specially authorized for that particular purpose, by a commission under the seal of the supreme court of this 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.

$ 24. The governor of this state is hereby authorized to appoint and commission one or more, and not exceeding three commissioners, in each of the following cities: London, Liverpool and Glasgow in Great Britain, and Paris and Marseilles in France, who shall continue in office for four years, and untila successor shall be appointed, and 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, promissory 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 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 or official custody in Great Britain or France, and the correctness of a copy of any such patent, record or other document. The certificate of any one of such commissioners, under his official seal, and subscribed by him, in regard to the acknowledgment or proof of the execution of any such deed or written instrument, or the taking of such oath or affirmation, or the existence or correctness of a copy of such patent, record or document, when authenticated by the secretary of state, as hereinafter mentioned, shall have the same effect to authorize the recording or reading in evidence of such deed or written instrument, oath or affidavit, patent, record or document, as is given by law to like certificates made by justices of the supreme court of this state, or to any certificate or exemplification by any office of this state of any patent, record or other document. (1858, ch. 308, $ 1.)

$ 25. Before any such deed or other instrument, oath or affidavit, patent, record or document, 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 believes the signature and the impression of the seal of the said certificate to be genuine. (Same ch. § 2.)

$ 26. Every commissioner appointed by virtue of this act, before performing any duty or exercising any power in virtue of his appointment, shall take and subscribe an oath or affirmation before a person authorized to administer such oath or affirmation by the laws of this state, or before a judge or clerk of one of the courts of record of the kingdom or empire in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner under and by virtue of the laws of the state of New York; and shall also cause to be prepared an official seal, on which shall be designated his name, and the words “commissioner of deeds for the state of New York," with the name of the city for which he shall be appointed ; and shall cause a distinct impression of such seal, taken upon was

or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing, and the oath or affirmation above in this section mentioned, duly certified by the person before whom it may be taken, to be filed in the office of the secretary of this state. (Same ch. $ 3.)

§ 30. The fees of such commissioner for services under this act shall be as follows: In Great Britain, for administering each oath and certifying the same, and for making each certificate attached to a patent, record or other document, one shilling sterling; in France, one franc and twenty-five centimes. In Great Britain, for taking each acknowledgment or proof of any deed or written instrument to be recorded or read in evidence, four shillings sterling; in France, five francs. (Same ch. $ 7.)

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