CHAP. III. Certificate $ 2. To entitle such deed or conveyance, or other written instrument, to be read in evidence or recorded in this state, nered, &c. 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 hand writing 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 hand writing 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. CHAP. 308. AN ACT to authorize the appointment of Commissioners to take the proof and acknowledgment of deeds, and other instruments, and to administer oaths in Great Britain and France. PASSED April 17, 1858.. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners in foreign $1. The governor of this state is hereby authorized to ap- Commispoint and commission one or more, and not exceeding three may be commissioners in each of the following cities: London, Liver- appointed pool and Glasgow, in Great Britain; in Dublin, Belfast, Cork cities. and Galway, in Ireland; and Paris and Marseilles, in France; who shall continue in office for four years, and until a 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 PART IL Other com missioners may be ap pointed. Certificate of secretary official custody in Great Britain or Ireland 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 officer of this state, of any patent, record, or other document. The governor may, in his discretion, at any time hereafter, appoint a commissioner for any other foreign state or country, who shall have the like powers as the commissioners above named. As amended by Laws of 1862, ch. 283. $ 2. Before any such deed or other instrument, oath or affiof state, &c. davit, patent, record or document, shall be entitled to be used, Oath of commissioner. Seal of commissioner. 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. $3. 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 wax or some other substance capable of receiving and retaining a clear impres sion, 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. CHAP. III. 4. As often as the term of office of any commissioner Vacancy. appointed by virtue of this act shall expire, or the office shall become vacant by the death, resignation, or removal from the city for which he was appointed, of such commissioner, the governor shall have power to fill the office by new appointment, and the person so appointed shall, upon complying with the provisions of the third section of this act, hold his office by the tenure, and shall possess the powers specified in the first section of this act. certificate $5. The secretary of state shall be entitled to demand and Fees for receive the sum of twenty-five cents for every certificate of secretary given by him in pursuance of the third section of this act. of state. tions. § 6. It shall be the duty of the secretary of state to for- Instrucward instructions and forms in accordance with the laws of this state, together with a copy of this act, to each person who shall be appointed a commissioner under and by virtue of this act. commis $7. The fees of such commissioner, for services under this Fees of act, shall be as follows: In Great Britain and Ireland, for sioners. 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 and Ireland, for taking each acknowledgment or proof of any deed or other written instrument to be recorded or read in evidence, four shillings sterling; in France, five francs; and in all other countries the same compensation as is allowed the commissioners in France. As amended by Laws of 1862, ch. 283. be used in S8. A copy of any patent, record or other document, re- Papers may maining of record in any public office of any foreign king- evidence. dom, state or country, when certified according to the form in use in such kingdom, state or country, and also certified according to the first and second sections of this act, may be read in evidence in any of the courts of this state. how fa $9. The certificate of any one of said commissioners an- Certificate, nexed to a paper purporting to be certified as in the last sec- evidence. tion provided, shall be presumptive evidence that it has been certified according to the form in use in such kingdom, state or country. PART IL Additional powers to notaries. CHAP. 360. AN ACT authorizing notaries public of the State of New York to perform the duties now performed by commissioners of deeds. PASSED April 15, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. In addition to their present powers, notaries public of this state are hereby authorized to administer oaths and affirmations, and to take the proof and acknowledgments of deeds, mortgages and any other papers for use or record in this state, in all the cases where the same may now be taken and administered by commissioners of deeds, and under the same rules, regulations and requirements prescribed to commissioners of deeds, and such notaries' acts may be performed without official seal. When mort- petition of CHAP. 365. AN ACT to authorize the discharge of mortgages of record in certain cases. PASSED April 19, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The mortgagor named in, or the owner of any lands described in any mortgage of real estate in this state, which charged on is recorded in this state, and which from the lapse of time is mortgagee. presumed to be paid, 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, specifying the time and place of his or their death and place of residence at the time of the death; that no letters testamentary, or of administration, have been taken out in this state; the names and places of residence so far forth as the same can be ascertained of the heirs of such mortgagee or mortgagees, 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. Where presented. $2. Such petition may be presented to the supreme court in the county where the mortgaged premises are situate, 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. CHAP IV. show cause. S3. The court upon the presentation of such petition, shall Order to 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 Publication shall be published in such newspaper or newspapers, and for thereof. 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. and service ings there $4. The court may issue commissions to take the testimony Proceed of witnesses, and may refer it to a referee to take and report on." proofs of the facts stated in the petition. The certificate of the proper surrogate or surrogates that no 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, that no assignment thereof has been recorded, and no notice of the pendency of an action thereon has been filed, shall be evidence that the mortgage has not been assigned or transferred. Upon being satisfied that all the matters alleged in the petition are true, the court may make an order that the mortgage be discharged of record. S5. The county clerk upon being furnished with a certified Duty of copy of such order and paid the fees allowed by law for dis- clerk. charging mortgages, shall record said order and discharge the mortgage of record. County CHAPTER IV. Personal Property. CHAP. 281. AN ACT to prevent persons from transacting business under fictitious names. PASSED April 29, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: names for S 1. No person shall hereafter transact business in the Fictitious name of a partner not interested in his firm; and where bidden. the designation "and company," or "& Co.," is used it shall represent an actual partner or partners. |