CHAP. 3. not conclu script thereof, duly certified, may also be read in evidence, with the like force and effect as the original conveyance. Neither the certificate of the acknowledgment, or of the Certificate proof, of any conveyance, nor the record, or transcript of sive. the record, of such conveyance, shall be conclusive, but may be rebutted, and the force and effect thereof, may be contested by any party affected thereby. If the party contesting When not to the proof of a conveyance, shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such conveyance, nor the record thereof, shall be received in evidence until established by other competent proof. 5 H., 36; 2 H., 54; 3 Du., 95. be evidence. of certain sioners of authenticat tain cases clerk. $18. Where any conveyance shall be proved or acknow- Certificates ledged, before any judge of the county courts, not of the judges and degree of counsellor at law, in the supreme court, or before of commis any commissioner of deeds appointed for any county or city, deeds, to be it shall not be entitled to be read in evidence, or to be recorded, ed in cerin any other county than that in which such judge or com- by county missioner shall reside, unless in addition to the preceding requisites, there shall be subjoined to the certificate of proof or acknowledgment, signed by such judge or commissioner, a certificate under the hand and official seal of the clerk of the county, in which such judge or commissioner resides, specifying that such judge or commissioner was, at the time of taking such proof or acknowledgment, duly authorised to take the same, and that the said clerk is well acquainted with the handwriting of such judge or commissioner, and verily believes, that the signatures to the said certificate of proof or acknowledgment, is genuine. Laws of 1818, 44, § 5 & 8; 6 N. Y., 422; 1 N. Y., 77; 23 B., 559; 3 W., 180. tion quali $ 19. The last section shall not apply to any conveyance Last secexecuted by any agent for the Holland Land Company, or by fled. any agent of the Pulteney estate, lawfully authorised to convey real estate. to be re $20. The certificate of the proof or acknowledgment of Certificates every conveyance, and the certificate of the genuineness corded with of the signature of any judge or commissioner, in the cases conveyance. where such last mentioned certificate is required, shall be [760] recorded, together with the conveyance, so proved or acknowledged; and unless the said certificates be so recorded, neither Effect of the record of such conveyance, nor the transcript thereof, shall be read, or received in evidence. Laws of 1818, 44, § 5. omission. ces by TreaConnecti S21. All conveyances of real estate, executed since the Conveyan tenth day of March, one thousand eight hundred and twenty-surer of five, or hereafter to be executed, by the treasurer of the state cut. of Connecticut, which shall be acknowledged by him before the secretary of state of the state of Connecticut, and the CHAP. 3. This chap ter not to affect conveyances heretofore acknowledgment of which, shall be certified by the said secretary, under the seal of the said state, in the manner herein prescribed, may be recorded in the proper offices within this state, without further proof thereof; and every such conveyance, or the record thereof, or the transcript of such record, duly certified, may be read in evidence, as if such conveyance had been acknowledged before a justice of the supreme court. Laws of 1825, 35. $22. Every conveyance of any real estate within this state, heretofore executed, and heretofore acknowledged or proved and certified, in such manner as to be entitled to be read in proved, &c. evidence, or recorded, under the laws now in force, but which has not been so recorded, shall be entitled to be read in evidence, in all courts, and to be recorded in the proper office, in the same manner, and with the like effect, as if this Chapter had not been passed. Time of recording to be entered and endorsed on deed. Transcripts of records, how to be verified. [761] Proof, &c., ances this state. 3 Du., 73. $23. Every such conveyance, not already proved or acknowledged, may be proved or acknowledged, in the same manner as conveyances hereafter executed, and when so proved, acknowledged or recorded, shall have the like effect. $24. Every conveyance entitled by law to be recorded, shall be recorded in the order, and as of the time, when the same shall be delivered to the clerk for that purpose, and shall be considered as recorded, from the time of such delivery. 1 R. L. 370, § 5; 8 Cow., 261. $25. The recording officer shall make an entry in the record, immediately after the copy of every conveyance recorded, specifying the time of the day, month and year, when the said conveyance was recorded, and shall endorse upon every conveyance recorded by him, a certificate, stating the time as aforesaid, when, and the book and page where, the same was recorded. $26. To entitle the transcript of any record of such conveyance, recorded as aforesaid, and of the certificates of the acknowledgment or proof thereof, and of the genuineness of any signature to such certificate, to be read in evidence, the same shall be certified to be a true copy of such record, by the clerk of the county in whose custody the same shall be, under the seal of the court of common pleas of the county of which he is clerk, or by the register of the city and county of New-York, when such record shall be in his custody. 1 R. L., 370, § 5. See Laws of 1839, ch. 295; 1843, ch. 210; 1845; ch. 110; 1846, ch. 182; 1851, ch. 277. $27. Every conveyance of real estate situated without this of convey state, heretofore made, or hereafter made, and which shall be lands out of acknowledged or proved, in the manner prescribed by the laws of this state, in relation to conveyances of lands within this state, may be read in evidence in any court without further proof thereof, in the same manner and with the same effect, as if such conveyance related to real estate within this state; but this section shall not be construed to prevent the reading in evidence, of any conveyance of lands within any other of the United States, which shall have been duly authenticated, according to the laws of such state, so as to be read in evidence in the courts thereof. Laws of 1817, 58, § 2. CHAP. 3. of record, $28. Any mortgage that has been registered or recorded, Discharge or that may hereafter be recorded, shall be discharged upon &c., of the record thereof, by the officer in whose custody it shall be, mortgages. whenever there shall be presented to him, a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved, and certified, as herein before prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied and discharged. 1 R. L., 373, § 4. of dis charge, &c., to be re Reference of discharge $29. Every such certificate, and the proof or acknowledg- Certificate ment thereof, shall be recorded at full length: and a reference shall be made to the book and page, containing such record, corded. in the minute of the discharge of such mortgage, made by in inte the officer upon the record thereof. $30. Where the witnesses to any conveyance, authorised Proof of by this Chapter to be recorded, shall be dead, then the same witnesses may be proved before any officer authorised to take the proof and acknowledgment of deeds, other than commissioners of deeds, and county judges not of the degree of counsel in the supreme court. $31. The proof of the execution of any conveyance in such case, shall be made by satisfactory evidence of the death of all the witnesses thereto, and of the hand-writing of such witnesses, or any one of them, and of the grantor; all which evidence, with the names and places of residence of the witnesses examined before him, shall be set forth by the officer taking the same, in his certificate of such proof. $32. Any conveyance proved and certified, pursuant to the two last sections, may be recorded in the proper office, if the original deed be at the same time deposited in the same office, there to remain, for the inspection of all persons desiring to examine the same. deed when are dead. What proof how certi to be inade, fied. When deed corded to be re recording $ 33. The recording and deposit of any conveyance, proved Effect of and certified according to the provisions of the three last and deposections, shall be constructive notice of the execution of such sit. [762] conveyance, to all purchasers subsequent to such recording; but such proof, recording, or deposit, shall not entitle such conveyance, or the record thereof, or the transcript of such record, to be read in evidence. 20 B., 404. ment for $34. No clerk of any city or county, shall record any Punishconveyance, by which any interest in real estate is, or may be recording CHAP. 3. deeds, &c., without in any way affected, unless the same shall have been duly acknowledged or proved, and such acknowledgment or proof proved, &c. duly certified according to law; and any such officer offending herein, shall be adjudged guilty of a misdemeanor, and on conviction, shall be subject to fine and imprisonment. being Punishment of judges, clerks, &c., sance. 1 R. L., 371, § 8. $35. Every judge, officer, or other person, within this state, authorised to take the acknowledgment or proof of any confor malfe veyance, and every clerk of any county, or his deputy, who shall be guilty of any malfeasance, or fraudulent practice in the execution of the duties prescribed to them by law, in relation to the taking, or certifying, the proof or acknowledgment, or the recording, or certifying, any record of any such conveyance, mortgage, or instrument in writing, or in relation to the cancelling of any mortgage, shall, upon conviction, be adjudged guilty of a misdemeanor, and be subject to punishment by fine and imprisonment, and shall also be liable in damages to the party injured. Term "real fined. Laws of 1823, 15. $36. The term "real estate," as used in this Chapter, shall estate" de- be construed as co-extensive in meaning with "lands, tenements and hereditaments," and as embracing all chattels real, except leases for a term not exceeding three years. Last section not to in ers of at torney; but they and contracts for land, may be 13 N. Y., 152. $37. The term "purchaser," as used in this Chapter, shall be construed to embrace every person to whom any estate or interest in real estate, shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease, or other conditional estate. 1 S. Ch., 438. $38. The term "conveyance," as used in this Chapter, shall be construed to embrace every instrument in writing, by which any estate, or interest in real estate is created, aliened, mortgaged or assigned; or by which the title to any real estate, may be affected in law or equity; except last wills and testaments, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. 25 B., 394; 1 W., 485. $39. The preceding section shall not be construed to extend clude pow- to a letter of attorney, or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when proved proved and or acknowledged, in the manner prescribed in this Chapter, may be recorded in the clerk's office of any county, in which any real estate, to which such power or contract relates may be situated; and when so proved or acknowledged, and the record, &c. record thereof when recorded, or the transcript of such record, recorded. [763] Effect of may be read in evidence, in the same manner, and with the TITLE 1. like effect, as a conveyance recorded in such county. 10 Pai., 346. corded, how S 40. No letter or other instrument so recorded, shall be Letters redeemed to be revoked by any act of the party by whom it revoked. was executed, unless the instrument containing such revocation, be also recorded in the same office, in which the instrument containing the power was recorded. See Laws of 1835, ch. 275. assignment S41. The recording of an assignment of a mortgage, shall Record of not be deemed, in itself, notice of such assignment to a mort- of mortgagor, his heirs or personal representatives, so as to invalidate gage, not any payment made by them, or either of them, to the mortgagee. 2 B. Ch., 84; 11 Pai., 37; 10 Pai., 413; 2 Cow., 288. notice, &c. leases in S 42. The provisions of this Chapter shall not extend to Certain leases for life or lives, or for years, in the counties of Albany, counties Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware affected. and Schenectady. Laws of 1823, 413, § 5. named not New York. S43. All the provisions of this Chapter, excepting the Register in eighteenth section, conferring any powers, or imposing any duties, obligations or penalty upon a county clerk, shall extend and apply to the register of the city and county of NewYork, in the same manner as if he were county clerk of the said county. 4 Ab., 23. See Laws of 1843, ch. 199; ch. 210; 1835, ch. 275; 1845, ch. 110; 1839, ch. 295; 1840, ch. 290; 1845, ch. 109; 1829, ch. 222; 1840, ch. 238. CHAP. IV. Of Title to Personal Property, in certain cases. (Took effect January 1, 1830.) TITLE 1. Of limited partnerships. TITLE 2. Of promissory notes, and bills of exchange. TITLE 3. — Of the interest of money. TITLE 4.- Of accumulations of personal property, and of expectant estates in such property. TITLE I. OF LIMITED PARTNERSHIPS. SEO. 1. For what purposes limited partnerships may be formed. 3. General partners only, to transact business. 4. Certificate to be signed by all the partners; its contents. |