State Codes and Statutes

Statutes > New-york > Exc > Article-6 > 142

§ 142. Powers  of  such  commissioners.  Every such commissioner shall  have authority, within the city, county, municipality or other political  subdivision for which he is appointed, and in the manner in  which  such  acts are performed by authorized officers within the state:    1.  To  take the acknowledgment or proof of the execution of a written  instrument, except a bill of exchange, promissory note or  will,  to  be  read in evidence or recorded in this state.    2. To administer oaths.    3.  If such commissioner is also an attorney at law regularly admitted  to practice in this state, in his discretion, to the  extent  authorized  by  this section, to administer an oath to or take the acknowledgment of  or proof of the execution of an instrument by his client with respect to  any matter, claim, action or proceeding.    4. If appointed for a foreign country, to certify to the existence  of  a  patent, record or other document recorded in a public office or under  official custody in such foreign country, and to the  correctness  of  a  copy of such patent, record or document, or to the correctness of a copy  of  a certified copy of such patent, record or other document, which has  been certified according to the form in use in such foreign country.    5. A written instrument acknowledged or proved, an oath  administered,  or  a  copy  or  a copy of a certified copy of a patent, record or other  document certified, as heretofore provided in this section, may be  read  in  evidence  or  recorded  within  this  state,  the  same as if taken,  administered or certified within the state before an officer  authorized  to  take  the  acknowledgment  or  proof  of  a  written  instrument, to  administer oaths, or to certify to the correctness of a  public  record,  if  there  shall  be annexed or subjoined thereto, or indorsed thereon a  certificate of the commissioner before whom such acknowledgment or proof  was taken, by whom the oath was administered, or by whom the correctness  of such copy is certified, under his  hand  and  official  seal.    Such  certificate  shall  specify  the  day  on  which,  and the city or other  political subdivision, and the state or country or other place in which,  the acknowledgment or proof was taken, or the oath administered, without  which specification the certificate shall be void. Except as provided in  subdivision  five  of  this   section,   such   certificate   shall   be  authenticated  by  the  certificate of the secretary of state annexed or  subjoined  to  the  certificate  of   such   commissioner,   that   such  commissioner was, at the time of taking such acknowledgment or proof, of  administering  such  oath,  or  of  certifying  to such patent record or  document,  or  copy  thereof,  duly  authorized  therefor,  that  he  is  acquainted  with  the  handwriting of such commissioner, or has compared  the  signature  upon  the  certificate  with  the  signature   of   such  commissioner   deposited  in  his  office,  that  he  has  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  upon  such  certificate  to  be genuine. The certificate of a commissioner as to the  correctness of a copy of a certified copy of a patent, record  or  other  document,  as  provided  by  this section, shall be presumptive evidence  that it was certified according to the  form  in  use  in  such  foreign  country.    6. A commissioner of deeds appointed pursuant to the preceding section  may  during  his  term of office procure from the secretary of state, on  payment  to  him  of  a  fee  of  two  dollars,  a  certificate  of  his  appointment,  prescribed  by the secretary of state, stating among other  things, the date of his appointment, the date of expiration thereof  and  the  city, county, municipality or other political subdivision for which  he is appointed, and containing the signature of the commissioner in hisown handwriting and his  official  seal,  and  certifying  that  he  has  compared  the  signature  on such certificate with the signature of such  commissioner  deposited  in  his  office,  that  he  has  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  upon such  certificate to be genuine. Such a  certificate  may  be  filed  by  such  commissioner  in the office of any county clerk or register in the state  upon the payment to such county clerk  or  register  of  a  fee  of  two  dollars.  Upon  the filing of such certificate in the office of a county  clerk or register in this state, a written  instrument  acknowledged  or  proved, an oath administered, or a copy or copy of a certified copy of a  patent,  record  or other document certified, by a commissioner pursuant  to this section, shall be entitled to be read in evidence and  shall  be  accepted  for filing or recording and filed or recorded, as the case may  be, in the office of such county clerk or register, on tender or payment  of the lawful fees therefor, without having annexed or subjoined to  the  certificate  of  such  commissioner contained thereon the authenticating  certificate of the secretary of state as required by subdivision five of  this section or by subdivision one of section three  hundred  eleven  of  the real property law or by any other provision of law.

State Codes and Statutes

Statutes > New-york > Exc > Article-6 > 142

§ 142. Powers  of  such  commissioners.  Every such commissioner shall  have authority, within the city, county, municipality or other political  subdivision for which he is appointed, and in the manner in  which  such  acts are performed by authorized officers within the state:    1.  To  take the acknowledgment or proof of the execution of a written  instrument, except a bill of exchange, promissory note or  will,  to  be  read in evidence or recorded in this state.    2. To administer oaths.    3.  If such commissioner is also an attorney at law regularly admitted  to practice in this state, in his discretion, to the  extent  authorized  by  this section, to administer an oath to or take the acknowledgment of  or proof of the execution of an instrument by his client with respect to  any matter, claim, action or proceeding.    4. If appointed for a foreign country, to certify to the existence  of  a  patent, record or other document recorded in a public office or under  official custody in such foreign country, and to the  correctness  of  a  copy of such patent, record or document, or to the correctness of a copy  of  a certified copy of such patent, record or other document, which has  been certified according to the form in use in such foreign country.    5. A written instrument acknowledged or proved, an oath  administered,  or  a  copy  or  a copy of a certified copy of a patent, record or other  document certified, as heretofore provided in this section, may be  read  in  evidence  or  recorded  within  this  state,  the  same as if taken,  administered or certified within the state before an officer  authorized  to  take  the  acknowledgment  or  proof  of  a  written  instrument, to  administer oaths, or to certify to the correctness of a  public  record,  if  there  shall  be annexed or subjoined thereto, or indorsed thereon a  certificate of the commissioner before whom such acknowledgment or proof  was taken, by whom the oath was administered, or by whom the correctness  of such copy is certified, under his  hand  and  official  seal.    Such  certificate  shall  specify  the  day  on  which,  and the city or other  political subdivision, and the state or country or other place in which,  the acknowledgment or proof was taken, or the oath administered, without  which specification the certificate shall be void. Except as provided in  subdivision  five  of  this   section,   such   certificate   shall   be  authenticated  by  the  certificate of the secretary of state annexed or  subjoined  to  the  certificate  of   such   commissioner,   that   such  commissioner was, at the time of taking such acknowledgment or proof, of  administering  such  oath,  or  of  certifying  to such patent record or  document,  or  copy  thereof,  duly  authorized  therefor,  that  he  is  acquainted  with  the  handwriting of such commissioner, or has compared  the  signature  upon  the  certificate  with  the  signature   of   such  commissioner   deposited  in  his  office,  that  he  has  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  upon  such  certificate  to  be genuine. The certificate of a commissioner as to the  correctness of a copy of a certified copy of a patent, record  or  other  document,  as  provided  by  this section, shall be presumptive evidence  that it was certified according to the  form  in  use  in  such  foreign  country.    6. A commissioner of deeds appointed pursuant to the preceding section  may  during  his  term of office procure from the secretary of state, on  payment  to  him  of  a  fee  of  two  dollars,  a  certificate  of  his  appointment,  prescribed  by the secretary of state, stating among other  things, the date of his appointment, the date of expiration thereof  and  the  city, county, municipality or other political subdivision for which  he is appointed, and containing the signature of the commissioner in hisown handwriting and his  official  seal,  and  certifying  that  he  has  compared  the  signature  on such certificate with the signature of such  commissioner  deposited  in  his  office,  that  he  has  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  upon such  certificate to be genuine. Such a  certificate  may  be  filed  by  such  commissioner  in the office of any county clerk or register in the state  upon the payment to such county clerk  or  register  of  a  fee  of  two  dollars.  Upon  the filing of such certificate in the office of a county  clerk or register in this state, a written  instrument  acknowledged  or  proved, an oath administered, or a copy or copy of a certified copy of a  patent,  record  or other document certified, by a commissioner pursuant  to this section, shall be entitled to be read in evidence and  shall  be  accepted  for filing or recording and filed or recorded, as the case may  be, in the office of such county clerk or register, on tender or payment  of the lawful fees therefor, without having annexed or subjoined to  the  certificate  of  such  commissioner contained thereon the authenticating  certificate of the secretary of state as required by subdivision five of  this section or by subdivision one of section three  hundred  eleven  of  the real property law or by any other provision of law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-6 > 142

§ 142. Powers  of  such  commissioners.  Every such commissioner shall  have authority, within the city, county, municipality or other political  subdivision for which he is appointed, and in the manner in  which  such  acts are performed by authorized officers within the state:    1.  To  take the acknowledgment or proof of the execution of a written  instrument, except a bill of exchange, promissory note or  will,  to  be  read in evidence or recorded in this state.    2. To administer oaths.    3.  If such commissioner is also an attorney at law regularly admitted  to practice in this state, in his discretion, to the  extent  authorized  by  this section, to administer an oath to or take the acknowledgment of  or proof of the execution of an instrument by his client with respect to  any matter, claim, action or proceeding.    4. If appointed for a foreign country, to certify to the existence  of  a  patent, record or other document recorded in a public office or under  official custody in such foreign country, and to the  correctness  of  a  copy of such patent, record or document, or to the correctness of a copy  of  a certified copy of such patent, record or other document, which has  been certified according to the form in use in such foreign country.    5. A written instrument acknowledged or proved, an oath  administered,  or  a  copy  or  a copy of a certified copy of a patent, record or other  document certified, as heretofore provided in this section, may be  read  in  evidence  or  recorded  within  this  state,  the  same as if taken,  administered or certified within the state before an officer  authorized  to  take  the  acknowledgment  or  proof  of  a  written  instrument, to  administer oaths, or to certify to the correctness of a  public  record,  if  there  shall  be annexed or subjoined thereto, or indorsed thereon a  certificate of the commissioner before whom such acknowledgment or proof  was taken, by whom the oath was administered, or by whom the correctness  of such copy is certified, under his  hand  and  official  seal.    Such  certificate  shall  specify  the  day  on  which,  and the city or other  political subdivision, and the state or country or other place in which,  the acknowledgment or proof was taken, or the oath administered, without  which specification the certificate shall be void. Except as provided in  subdivision  five  of  this   section,   such   certificate   shall   be  authenticated  by  the  certificate of the secretary of state annexed or  subjoined  to  the  certificate  of   such   commissioner,   that   such  commissioner was, at the time of taking such acknowledgment or proof, of  administering  such  oath,  or  of  certifying  to such patent record or  document,  or  copy  thereof,  duly  authorized  therefor,  that  he  is  acquainted  with  the  handwriting of such commissioner, or has compared  the  signature  upon  the  certificate  with  the  signature   of   such  commissioner   deposited  in  his  office,  that  he  has  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  upon  such  certificate  to  be genuine. The certificate of a commissioner as to the  correctness of a copy of a certified copy of a patent, record  or  other  document,  as  provided  by  this section, shall be presumptive evidence  that it was certified according to the  form  in  use  in  such  foreign  country.    6. A commissioner of deeds appointed pursuant to the preceding section  may  during  his  term of office procure from the secretary of state, on  payment  to  him  of  a  fee  of  two  dollars,  a  certificate  of  his  appointment,  prescribed  by the secretary of state, stating among other  things, the date of his appointment, the date of expiration thereof  and  the  city, county, municipality or other political subdivision for which  he is appointed, and containing the signature of the commissioner in hisown handwriting and his  official  seal,  and  certifying  that  he  has  compared  the  signature  on such certificate with the signature of such  commissioner  deposited  in  his  office,  that  he  has  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  upon such  certificate to be genuine. Such a  certificate  may  be  filed  by  such  commissioner  in the office of any county clerk or register in the state  upon the payment to such county clerk  or  register  of  a  fee  of  two  dollars.  Upon  the filing of such certificate in the office of a county  clerk or register in this state, a written  instrument  acknowledged  or  proved, an oath administered, or a copy or copy of a certified copy of a  patent,  record  or other document certified, by a commissioner pursuant  to this section, shall be entitled to be read in evidence and  shall  be  accepted  for filing or recording and filed or recorded, as the case may  be, in the office of such county clerk or register, on tender or payment  of the lawful fees therefor, without having annexed or subjoined to  the  certificate  of  such  commissioner contained thereon the authenticating  certificate of the secretary of state as required by subdivision five of  this section or by subdivision one of section three  hundred  eleven  of  the real property law or by any other provision of law.