it to be recorded, as far as respects the husband, for until the wife is privately examined according to the statute, the deed in respect to her is invalid and cannot acquire any force from being recorded.

OF MORTGAGES.

Mortgages although otherwise distinguished, are deeds in law; for all writings sealed and delivered, are so considered in a legal sense. A mortgage is therefore to be acknowledged or proven in the same manner as any other deed, with the exception that instead of the words, "I do allow the same to be recorded," as in case of deeds, the judge usually states, "I do allow the same to be registered, or recorded." The copy of a deed entered in the county records, is called the record of the deed. The copy of a mortgage entered in the same, "the registry of the mortgage." But there is an appendage to a mortgage, claiming the interference of a judge, which does not belong to another deed: when paid, it must be cancelled. The certificate of the payment of the monies due on mortgage, (executed in the presence of two witnesses according to law) is usually in the following form:

"I do hereby certify, That a certain mortgage indenture, bearing date the first day of April, 1809, and made and executed by Samuel Dun, of Kingston, in the county of Ulster, and Ann his wife, to me the subscriber, and registered in the clerk's office of the county of Ulster in Lib. B. of Register of Mortgages, Pages 531, 32 & 33, on the 17th day of April, 1809, is redeemed, paid off, satisfied, and discharged. Dated this twelfth day of April, 1813."

Witnessed by
Henry Evans,
James Rea.

Peter Styles.

The above said certificate must be proved or acknowledged in the presence of a judge, before such mortgage can be dis charged; which is to be done as follows, if acknowledged:

State of New-York, ss. On this twelfth day of April, 1813, before me personally came Peter Styles, known to me to be the person described in, and who executed the above certificate, who duly acknowledged that he executed the same whereupon I allow it to be recorded.

A. M. one of the
Judges, &c.

If the said certificate is proven by one of the subscribing witnesses, the judge endorses thus, (as before, and then) "before me personally came, Henry Evans, to me known, &c. who on

his oath declared that he saw Peter Styles, to him the deponent known, execute the within certificate for the uses and purposes in the same mentioned, and that he the deponent is one of the subscribing witnesses to the same: whereupon I do allow the same to be recorded.

A. M. one of Judges, &c."

If the judge does not know either the person who acknowledges to have executed such certificate, or the witness to the same, he must identify such person, or witness, by the oath of some other person who knows either the one or the other.-The same course must be pursued in respect to taking the acknowledgement or proof of the execution of any deed whatsoever.

SALE OF MORTGAGED PREMISES.

On sale of mortgaged premises by a special power in the mortgage, the following affidavits must be made before one of the justices of the supreme court, or a master in chancery, or one of the judges of the court of common pleas of the county in which the mortgaged premises shall lie. Law N. Y. Mortgages,

1813.

Copy Notice intended sale

by Mortgage.

PRINTER'S AFFIDAVIT.

H

Ulster County, ss. J. T. printer and publisher of a newspaper in the village of Kingston, in the county of Ulster, called the "Ulster Plebeian," being duly sworn, deposeth and saith, that he hath, from about the seventeenth day of October last past, weekly for six successive months, printed and published in the said newspaper, a notice of intended sale by mortgage, a copy whereof is hereunto annexed.

J. T.

Ulster County, ss. I do certify, that on the day of May, in the year one thousand eight hundred and sixteen, J. T. in the above affidavit named, personally appeared before me and made the above contained oath.

C. D. one of the judges, &o,

Ulster County, ss. J. J. being duly sworn, deposeth and saith, that he hath on or about the seventeenth day of October last past, fixed a copy of the advertisement of intended sale by mortgage, hereunto annexed, upon the outward door of the court-house, in the village of Kingston, in the county of Ulster.

J. J.

Ulster County, ss. I do certify, that on the day of

J. J. (as above)

Advertisement

of

Mortgage.

C. D. one of the judges, &c.

AUCTIONEER'S AFFIDAVIT.

Ulster County, ss. A. B. of the town of in the
county of Ulster, being duly sworn, deposeth
and saith, that the mortgaged premises, men-
tioned in the advertisement hereunto annex-
ed, were on the day of
in the year one
thousand eight hundred and sixteen, exposed
for sale at public auction, at the court-house in

the village of Kingston in said county, at eleven 'clock in the forenoon of that day, and that he this deponent then and there at the said sale, acted as auctioneer for J. H. the mortgager in the said advertisement named that the said premises being so as aforesaid by this deponent exposed for sale, C. D. of the said county, bid one hundred dollars for the same: then A. L. of the said county, bid one hundred and fifty dollars for the same and then A. M. of the county of Dutchess, bid three hundred dollars for the same; and that being the highest sum bid, the said premises were accordingly struck off by this deponent, for the said sum of three hundred dollars, to the said A. M. as the highest bidder for the same.

I do certify, that on the
A. B. (as before.)

Ulster County, ss. in the year of

A. B.

day of

C. D. one of the Judges, &c.

FEES OF THE JUDGES OF THE COMMON PLEAS

FEES OF THE FIRST JUDGE.

For a license to an attorney, one dollar.

Signing a discharge under the insolvent act, one dollar. Deciding on the propriety of directing an assignment,two dollars. Receiving a petition, one dollar.

FEES TO BE DIVIDED AMONG THE JUDGES WHO ARE PRESENT WHEN THE SERVICE IS DONE.

For the first motion in every cause of the court of common pleas, thirty-seven and a half cents.

Admitting a person to practice as an attorney, one dollar and eighty-seven and a half cents.

Admitting a guardian on the act for the partition of lands, twenty-five cents.

FEES TO BE PAID TO THE JUDGE WHO DOES THE SERVICE.

For admitting an infant by guardian or next friend, nineteen

cents.

Taking bail in his own court, twenty-five cents-in the su preme court, thirty-seven and a half cents.

Taking acknowledgement af satisfaction out of court, twelve and a half cents.

Attending on shewing cause of action or other special matter out of court, twenty-five cents.

Taking an affidavit, twelve and a half cents.

Allowing a warrant of attorney, twelve and a half cents.

Taking and drawing acknowledgement or proof of a deed or mortgage, lease and release to be considered or one deed, thirty-seven and a half cents.

A certificate or order concerning an insolvent debtor, thirtyseven and a half cents.

A warrant, order, report, certificate, or appointment of trus tees, in pursuance of the act concerning absconding or absent debtors, thirty-seven and a half cents.

Signing a judgment, twelve and a half cents.

Taxing a bill of costs, twenty-five cents; but no judgment shall be signed, or taxation of costs made, by any assistant-justee of any court.

The ordinary duties of the County Clerk, may be properly considered as comprehended under four general heads, viz.

1st. As he is the keeper, recorder and depository of the public records, minutes and files of the courts of common pleas and general sessions of the peace of his county.

2d. As clerk of the court of common pleas of his county. 3d. As clerk of the court of general sessions of the peace of his county.

4th. As clerk of the circuit court and the oyer and terminer and general gaol delivery of his county.

Besides the records of deeds and mortgages, there are a variety of other records, whereof the county clerk is keeper and depository, some of which we shall here enumerate, as follows: All judgments in the common pleas of his county, are entered in his office. Last wills and testaments, whereby real estate is devised, can only be recorded in his office; for the surrogate of the county, as we shall see when we come to consider his office, cannot take the proof of a will as far as it respects real estate, and no farther than as it may relate to a disposition of personal property. Law N. Y. Wills, March 25, 1813. The proceedings in partition of lands in his county according to statute, are to be filed in his office. The bonds for the due execution of the sheriff's office, loan-office, county treasurer's office, and all licenses to practice physic and surgery in his county, must be deposited in his office. The style and title of the incorporation