testatem may

§ 3. And be it further enacted, That the court of chancery of this state, Dedimus pois hereby empowered to grant a writ of didimus potestatem, under the be issued. seal of the said court, to any proper and discreet person or persons of good fame and credit, residing in the country where the said deeds, conveyances or writings, may have been, or may hereafter be executed, or in the country where the subscribing witness or witnesses to the same reside, giving power to any one of them to take such acknowledgment or proof, in manner or form aforesaid.

before the

Dublin and

valid.

§ 4. And be it further enacted, That all acknowledgments and proofs of Deeds acany deeds, conveyances or writings, heretofore made or hereafter to be knowledged made, by British subjects actually residing within the United Kingdom of mayor of Great Britain and Ireland, or the dominions thereunto belonging, to any provost of citizen or citizens of the United States, of or concerning any lands or real Edinburgh. estate within this state, taken or made, or hereafter to be taken or made, before the mayor or chief magistrate of the city of Dublin, or the provost or chief magistrate of the city of Edinburgh, and duly certified under the hand and seal of office of the said mayor, provost or chief magistrate, shall be of the like force and validity, and entitle the same to be recorded, in like manner as if the same were taken before a judge of the supreme court of this state.

AND WHEREAS doubts have been suggested, whether the several commissioners appointed to perform certain duties of a judge of the supreme court, and the recorder of the city of Troy, have authority to take acknowledgments and proofs of deeds: Therefore,

before the re

valid.

5. Be it further enacted, That each and every acknowledgment or Deeds acproof of any deed, conveyance or writing, of and concerning any lands, knowledged tenements or real estate within this state, which heretofore have been or corder of hereafter may be made by any person or persons, before either of the said Troy, &c. commissioners, or the aforesaid recorder, such acknowledgment or proof being made, taken and certified in the manner prescribed by the act, entitled "An act concerning deeds," shall be of the like force and validity, to all intents and purposes, and entitle the same to be recorded or registered, in like manner as though the same were taken or made before a judge of the supreme court of this state.

Commission

An act authorising the appointment of commissioners to take the acknowledgments of deeds and special bail, to take affidavits to be read in courts of record, and to restrict the number of masters in chancery. Passed March 24, 1818. Chap. 55, p. 44. §1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful, and it is hereby made ers to be apthe duty of the council of appointment, to appoint and cause to be commis- pointed. sioned a sufficient number of commissioners in each county, who are hereby authorised, when duly sworn, in conformity to the act concerning oaths, to take the proof and acknowledgment of deeds and discharges of mortgages, the acknowledgment of special bail, and any affidavit or other oath to be read or used in any court of record in this state, as fully and with as ample powers as any master in chancery, judge of any court of common pleas, or commissioner for taking affidavits to be read in the supreme court, may of right do and by law possess.

§ 2. And be it further enacted, That after the first day of July next, it Master in shall not be lawful for any master in chancery to take the proof or ac- chancery not to take proof knowledgment of any deed or other writing, nor to take any affidavit or of deeda, &c. other oath, except such as are to be read or used in the court of chancery,

Report, &c.

of master not

tain cases.

nor to do any other official act which does not exclusively appertain to his duties as a master in the court of chancery.

§ 3. And be it further enacted, That after the first day of July next, no valid in cer- report, order, taxation or other proceeding of any master in chancery, shall be deemed valid, unless such master shall have been of the degree of counsellor in the supreme court, or of solicitor or counsellor in the court of chancery: Provided, That this section shall not be applicable to any proceedings referred to or in the hands of such master before that day, and finished afterwards.

Deeds not to

in certain ca

§ 4. And be it further enacted, That no person being a master in chancery, shall act as a commissioner under this act.

§ 5. And be it further enacted, That after the said first day of July next, be recorded it shall not be lawful for the secretary of this state, or the clerk of any city or county within this state, to record or register any deed, mortgage or other writing, the proof or acknowledgment whereof shall have been taken before a judge of any court of common pleas, or a commissioner to be appointed by virtue of this act, who at the time of taking such proof or acknowledgment shall reside out of the county in which such deed, mortgage or other writing is required to be recorded or registered, unless there shall be subjoined to the certificate of such proof, or acknowledgment, a certificate under the hand and official seal of the clerk of the county in which the said judge or commissioner shall reside, that the said judge or commissioner was at the time of taking the said proof or acknowledgment duly authorised to take the same, and that he is acquainted with the hand writing of the said judge or commissioner, and verily believes the signature to the said certificate, of the proof or acknowledgment, to be his proper hand writing; and that the said secretary or clerk shall be entitled to receive for such certificate the sum of twenty-five cents: Provided, That this section shall not apply to any deed or deeds executed by Joseph Ellicott, for the Holland land company.

Act how construcd.

Deeds to be

recorded.

§ 6. And be it further enacted, That nothing in this act contained shall be construed to extend to deeds, mortgages or other writings proved or acknowledged out of this state.

An act for recording of deeds, and other conveyances, in the county of Rensselaer. Passed April 13, 1819. Chap. 207, p. 269.

§1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That every deed, conveyance, or other writing, made and executed after the first day of October next, whereby the right or title to any lands or tenements, lying in the county of Rensselaer, may be affected, either in law or equity, after being acknowledged or proved by any of the officers empowered by law to take the acknowledgments of deeds, conveyances or writings, of and concerning lands, tenements or real estate, within this state, agreeable to the act, entitled "An act concerning deeds," passed April twelfth, one thousand eight hundred and thirteen, and the act, entitled "An act authorising the appointment of commissioners to take the acknowledgment of deeds and special bail, to take affidavits to be read in courts of record, and to restrict the number of masters in chancery," passed March the twenty-fourth, one thousand eight hundred and eighteen, shall be recorded in the clerk's office of the said county, in books to be provided by the clerk of the said county for that purpose; and that every deed, conveyance or other writing, made and executed after the said first day of July, whereby any of the said lands

may be affected, in law or equity, shall be adjudged fraudulent and void against any subsequent bona fide purchaser or mortgagee, for a valuable consideration, unless the same be recorded as by this act is directed, before the recording the deed or conveyance under which such subsequent purchaser or mortgagee shall claim.

§ 2. And be it further enacted, That every deed, conveyance, or other writing, of and concerning any lands or real estate within the said county, which shall be entitled to be recorded as aforesaid, shall be recorded in the order and at the time when the same shall be delivered to the clerk for that purpose, and shall be considered as recorded from the time it was so delivered; and the said clerk shall make an entry in the margin of the record thereof, of the day, month, year, and the time of the day, when the same is so recorded, and endorse and sign a certificate on such deed, conveyance or writing, of the particular time when, and the book and page in which the same is so recorded, and that every deed, conveyance or writing, so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such record, certified by the said clerk, under the seal of the court of common pleas of the county whereof he is clerk, may be read in evidence in any court of this state without further proof thereof.

How to be recorded.

§ 3. And be it further enacted, That it shall not be lawful for the said Must be ac clerk to record any deed, conveyance or writing, above mentioned, unless knowledged. the same shall be acknowledged or proved as is directed by this act, and which acknowledgment or proof shall be recorded therewith.

§4. And be it further enacted, That if the said clerk, or any deputy of Penalty. such clerk, shall be guilty of any neglect, misdemeanor or fraudulent practice, in the execution of the duties prescribed by this act, he and every of them shall, in every such case, be liable to pay treble damages, with the costs of suit, to any party injured thereby, to be recovered by action of debt, or by information, in any court of record in this state.

An act for recording deeds and other conveyances, in the counties and towns therein mentioned. Passed March 23, 1821. Chap. 136, p. 127.

be recorded.

§ 1. Be it enacted by the People of the State of New-York, represented in Deeds, &c. to Senate and Assembly, That every deed, conveyance, or other writing, made and executed after the first day of July next, whereby the right or title to any lands or tenements, lying in the counties of Greene, Clinton, Franklin and Delaware, and in the towns of Salisbury, Manheim and Danube, in the county of Herkimer; and in the towns of Onondaga and Salina, in the county of Onondaga; and the towns of Scipio, Aurelius, and Mentz, in the county of Cayuga, may be affected either in law or equity, after being acknowledged or proved, by any of the officers empowered by law to take the acknowledgments of deeds, conveyances, or writings, of and concerning lands, tenements, or real estate, agreeable to the act, entitled "An act concerning deeds," passed April 12, 1813, and the act, entitled "An act authorising the appointment of commissioners to take the acknowledgment of deeds and special bail, to take affidavits to be read in courts of record, and to restrict the number of masters in chancery," passed March 24, 1818, shall be recorded in the clerk's offices of said counties, in books to be provided by the clerks of the said counties for that purpose, and that every deed, conveyance or other writing, made and executed after the said first day of July, whereby any of the said lands may be affected in law or equity, shall be adjudged fraudulent and void against any subsequent bona fide purchaser or mortgagee, for a valuable consideration, unless the same be recorded, as by this act is directed,

In what order

to be record

ed.

Not recorded

unless ac

before the recording the deed or conveyance, under which such subsequent purchaser or mortgagee shall claim.

§ 2. And be it further enacted, That every deed, conveyance, or other writing, of and concerning any lands or real estate, within the said counties, which shall be entitled to be recorded as aforesaid, shall be recorded in the order, and at the time when the same shall be delivered to the clerks for that purpose, and shall be considered as recorded from the time it was so delivered, and the said clerks shall make an entry in the margin of the record thereof, of the day, month, year, and the time of the day when the same is so recorded, and endorse and sign a certificate, on such deed, conveyance or writing, of the particular time when, and the book and page in which the same is so recorded; and that every deed, conveyance or writing so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such record, certified by the said clerks, under the seal of the courts of common pleas, of the counties whereof they are clerks, may be read in evidence, in any court of this state, without further proof thereof.

§ 3. And be it further enacted, That it shall not be lawful for the said knowledged. clerks to record any deed, conveyance or writing above mentioned, unless the same shall be acknowledged or proved according to law, and which acknowledgment or proof shall be recorded therewith.

Penalty for neglect.

Deeds in Saratoga, Kings

ed.

§ 4. And be it further enacted, That if the said clerks, or any deputies of such clerks, shall be guilty of any neglect, misdemeanor or fraudulent practice, in the execution of the duties prescribed by this act, he, and every of them, shall, in every such case, be liable to pay treble damages, with the costs of suit, to any party injured thereby, to be recovered by action of debt, or by information, in any court of record in this state

An act for recording of deeds and other conveyances, in the counties of Saratoga, Kings, and Sullivan, and for other purposes. Passed April 17, 1822. Chap. 254, p. 284.

§ 1. Be it enacted by the People of the State of New-York, represented in and Sullivan, Senate and Assembly, That every deed, conveyance, or other writing, to be record- made and executed after the first day of January next, whereby the right or title to any lands or tenements, lying in the counties of Saratoga, Kings, and Sullivan, may be affected either in law or equity, after being acknowledged or proved by any of the officers empowered by law to take the acknowledgments of deeds, conveyances, or writings of and concerning lands, tenements, or real estate, within this state, agreeable to the act entitled "An act concerning deeds," passed April 12th, 1813, and the act, entitled "An act authorising the appointment of commissioners to take the acknowledgment of deeds and special bail, to take affidavits to be read in courts of record, and to restrict the number of masters in chancery," passed March 24th, 1818, shall be recorded in the clerks' office of the said counties, in books to be provided by the clerks of the said counties, for that purpose, and that every deed, conveyance, or other writing, made and executed after the said first day of January next, whereby any of the said lands may be affected, in law or equity, shall be adjudged fraudulent and void against any subsequent bona fide purchaser or mortgagee, for a valuable consideration, unless the same be recorded as by this act is directed, before the recording the deed or conveyance, under which such subsequent purchaser or mortgagee shall claim.

§ 2. And be it further enacted, That every deed, conveyance, or other writing, of and concerning any lands or real estate, within the said counties, which shall be entitled to be recorded as aforesaid, shall be record

ed in the order, and at the time when the same, shall be delivered to the clerks for that purpose, and shall be considered as recorded from the time it was so delivered; and the said clerks shall make an entry at the foot or in the margin of the record thereof, of the day, month, year, and the time of the day, when the same is so recorded, and endorse and sign a certificate on such deed, conveyance, or writing, of the particular time when, and the book and page in which the same is so recorded, and that every Deeds, &c. to deed, conveyance, or writing, so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such record, certified by the said clerks, under the seal of the court of common pleas of the counties whereof they are clerks, may be read in evidence in any court of this state, and without further proof thereof.

be read in evi

dence.

acknowledg

§ 3. And be it further enacted, That it shall not be lawful for the said Deeds to be clerks to record any deed, conveyance, or writing, above mentioned, un-ed or proved. less the same shall be acknowledged or proved, according to law, and which acknowledgment or proof shall be recorded therewith.

§ 4. And be it further enacted, That if the said clerks, or any deputy of Liability of such clerks, shall be guilty of any neglect, misdemeanor or fraudulent clerks. practice, in the execution of the duties prescribed by this act, he and every of them shall, in every such case, be liable to pay treble damages, with costs of suit, to any party injured thereby, to be recovered by action of debt, or by information in any court of record in this state.

§ 5. And be it further enacted, That the clerk of the above county of Fees. Saratoga, or his deputy, shall receive as a compensation for recording deeds, a sum not exceeding twelve and an half cents for every folio of two hundred words, any law now existing to the contrary notwithstanding.

§ 6. And be it further enacted, That the proviso in the fifth section of Proviso. the act, entitled "An act authorising the appointment of commissioners to take the acknowledgment of deeds and special bail, to take affidavits to be read in courts of record, and to restrict the number of masters in chancery," passed March 24th, 1818, shall apply to Jacob S. Otto, the present local agent for the Holland land company, instead of Joseph Ellicott, any thing in the said act to the contrary notwithstanding.

§ 7. And be it further enacted, That all conveyances and writings here- Comptroltofore executed by the comptroller of this state, to which the seal of his ler's seal. office was affixed without the use of a wafer or wax, shall be as valid and effectual as if the impression of said seal had been made on wax or wafer; and that in all writings henceforth to be executed by him to which his seal may be required, it shall be lawful to affix the said seal, by making an impression directly on the paper, which shall be as valid as if made on awafer or on wax.

An act for recording deeds, and other conveyances of real estate, in the county of Ulster, and other counties not now being recording counties, in the State of New-York. Passed April 23, 1823. Chap. 263, p. 412.

be recorded.

§ 1. Be it enacted by the People of the State of New-York, represented Deeds, &e. to in Senate and Assembly, That every deed, conveyance, or other writing, made and executed after the first day of July next, whereby the right or title to any lands or tenements lying in the county of Ulster may be affected, either in law or equity, after being acknowledged or proved by any of the officers empowered by law to take the acknowledgments of deeds, conveyances or writings, of and concerning lands, tenements, or real estate, agreeably to the act, entitled "An act concerning deeds," passed April 12th, 1813, and the act, entitled "An act authorising the appoint