All future

recorded.

ed therein; and that all deeds and conveyances hereafter to be made and executed, of or concerning, or whereby any of the said lands may be any way affected in law or equity, shall be recorded by the said clerk of the said county of Herkimer in books to be by him provided for that particular purpose, and in which no other matters shall be entered; and that every deed and conveyance, (except mortgages duly deeds to be registered according to law,) hereafter to be made and executed, of or concerning or whereby any of the said lands may be any way affected in law or equity, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for 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: Provided always, That no such deed or conveyance shall be recorded unless the same shall be first duly acknowledged by the party who shall execute the same, before one of the judges of the supreme court of the United States, or one of the judges of the supreme court of judicature of this state, or a master in chancery, or one of the judges of the court of common pleas of the county where the lands intended to be conveyed shall be situated, and a certificate of such acknowledgment be endorsed upon the deed or conveyance, and signed by such judge or master in chancery; and no such judge or master in chancery shall take any such acknowledgment unless he shall then know or have satisfactory proof that the person making such acknowledgment is the same person described in such deed or conveyance.

How proved.

Duty of the

county of Horkimer.

$2. And be it further enacted by the authority aforesaid, That elerk of the the said clerk of the county of Herkimer, for the time being, shall personally reside at his said office, and shall hold no other office at the same time, and shall either in person, or by some sufficient deputy, for whom he shall be responsible, give due attendance at his office every day in the week, except Sunday, for the despatch of all business belonging to the said office; and that every such clerk, as often as required, shall make searches concerning all deeds and conveyances deposited or recorded in his office as aforesaid, and give certificates concerning the same under his hand, if required, and make and deliver upon request of any person, a true copy of any deed or conveyance deposited or recorded in his office, and shall be entitled to have and receive for every search one shilling and no more, and for every certificate one shilling and no more, in case the same do not exceed one hundred words; but if such certificate shall exceed one hundred words, then an additional sum at the rate of six pence an hundred for all the words contained in such certificate over and above the first one hundred words; and for recording deeds and conveyances, and for every copy of any deed, conveyance or record in his office, the like fees as the clerks of the several counties in this state are by law entitled to for the like services.

His fees.

Deeds when to be cousi

corded.

$3. And be it further enacted by the authority aforesaid, That dered as re- every deed and conveyance which shall be delivered at the said office to be recorded, shall be recorded in the order and as of the time when the same shall be delivered for that purpose, and every such deed and conveyance shall be considered as recorded from the time it is so delivered, and an entry shall be made on the margin of the record there

of, of the day of the month and the year, and the hour, or time of the day such deed or conveyance is so recorded; and a certificate shall be endorsed on every such deed and conveyance, mentioning the certain day, hour and time when, and the book and page in which the same is so recorded, and the clerk shall sign the said certificate when so endorsed; which certificate shall be taken and allowed as evidence of such recording in all courts of justice whatsoever.

be consider

$4. And be it further enacted by the authority aforesaid, That what shall the record of every such deed and conveyance when so recorded as dov aforesaid, shall be taken and allowed as evidence of such deed or con- dence of the veyance in all courts whatsoever.

same in all courts.

of this act

ed.

$6. And be it further enacted by the authority aforesaid, That offences in if the said clerk, or any person entrusted by him, shall be guilty of the execution any neglect or misdemeanor, or fraudulent practice in the execution how punishof this act, such clerk shall be liable to pay treble damages, with full costs of suit, to every person who shall be injured thereby, to be recovered by action of debt, bill, plaint or information, in any court of record.

37. And be it further enacted by the authority aforesaid, That this act shall be deemed, taken, and adjudged to be a public act.

An act to amend the act, entitled "An act for registering deeds and conveyances, relating to the military bounty lands." Passed 27th March, 1794. 17th Sess. Chap. 44.1

WHEREAS by the act, entitled "An act for registering deeds and Preamble. conveyances relating to the military bounty lands," which became a law on the eighth day of January last, it is enacted, That all deeds and conveyances theretofore made and executed, or pretended so to be, of, or concerning, or whereby any of the said lands may be any way affected in law or equity, shall, on or before the first day of May, one thousand seven hundred and ninety-four, be delivered to, and deposited with, the clerk of the city and county of Albany for the time being; and the said clerk shall on or before the first day of June, which will be in the year of our Lord one thousand seven hundred and ninetyfour, deliver all the said deeds and conveyances, so deposited in his office, to the clerk of the county of Herkimer for the time being, there to remain for the benefit of all persons interested therein: And whereas the said lands have been since erected into a separate county by the name of Onondaga: And whereas the time limited for depositing the said deeds and conveyances is too short: Therefore,

tary deeds

$1. BE it enacted by the People of the State of New-York, Time for derepresented in Senate and Assembly, and it is hereby enacted by posting m the authority of the same, That the time limited in and by the said extended. act for delivering the said deeds and conveyances to the clerk of the city and county of Albany for the time being, and depositing the same with him, shall be and hereby is prolonged until the first day of May, which will be in the year of our Lord one thousand seven hundred and ninety-five, and that the clerk of the said city and county of Albany for the time being, shall, on or before the first day of June,

(1) 1 R L. p. 211. Gr. v. 3, 137; K. & R. v. 2, 265.

Clerk of Her

kimer to de

liver to the

clerk of Ontain deeds,

ondaga cer

&c.

which will be in the said year of our Lord one thousand seven hundred and ninety-five, deliver all the said deeds and conveyances which have been or shall be so deposited in his office, to the clerk of the county of Onondaga for the time being, there to remain for the benefit of all persons interested therein; any thing in the said act to the contrary notwithstanding.

$2. And be it further enacted by the authority aforesaid, That the clerk of the county of Herkimer for the time being, shall, upon demand, deliver to the clerk of the county of Onondaga for the time being, all the books in which he shall have recorded since the eighth day of January last, in conformity to the said act, any deed or deeds, conveyance or conveyances, of or concerning, or whereby any of the said lands may be any way affected in law or equity, together with all deeds and conveyances, of or concerning the same lands then in his possession, taking a receipt for the same; and that thereupon the operation of the said act, as to the said clerk of the said county of And the clerk Herkimer shall cease; and that the said clerk of the county of Onto execute the ondaga for the time being, shall thereafter do, execute and perform duties requir all and every the duties and services required by the said act to be of the clerk of done, executed or performed by the clerk of the county of Herkimer for the time being, and in the same manner and form, and shall be entitled to the like rewards, and subject to the like penalties, as such clerk of the said county of Herkimer is entitled and subject to by the said act, and every thing to be done in the premises by the clerk of the county of Onondaga for the time being, shall be of the same validity and effect as if done by the clerk of the county of Herkimer before the passing of this act; any thing herein contained to the contrary notwithstanding.

of Onondaga

ed by this act

Herkimer.

Preamble.

Robert Yates and others appointed commission

An act to settle disputes concerning the titles to lands in the county of Onondaga. Passed the 24th March, 1797. Session 20, Chap. 51.1

WHEREAS a convention of delegates from a number of towns in the county of Onondaga, have by their petition presented to the legislature, prayed that a law may be passed, authorising a speedy and equitable mode of settling disputes relative to the titles of land in that county: Therefore,

$1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Robert Yates, James ers relative Kent, and Vincent Matthews shall be, and they are hereby appointed the county of commissioners, with full power to hear, examine, award, and deterOnondaga mine according to law and equity, all disputes and controversies re

to lands in

specting the titles, and all claims whatsoever to any lands in the county of Onondaga, and to examine any party or parties submitting to their examination and witnesses on oath, and to commit any witness refusing to be sworn or to answer any question or questions touching the premises, to the jail of the county in which they may then sit, there to remain until he or she shall submit to be sworn, and to answer such question or questions: Provided always, That no person shall be obliged to answer any question which may tend to charge himself or herself with any crime, nor shall any witness be (1) 1 R. L. p. 213. Gr. v. 3, 425; K. & R. v. 2, 266.

compelled to answer any question or questions wherein he or she shall be interested.

ers to assem

er place, to

execute their

$3. And be it further enacted, That the said commissioners shall, Commissionas soon as conveniently may be, after the first day of June next, as- ble ut Aurora semble together at Aurora, in the town of Scipio, in the county of or play th Onondaga, and then and there, and at such other times and places as proceed to they shall from time to time think proper to appoint for that purpose, trusts. proceed to execute the trusts reposed in them by this act, and shall cause their award or determination upon every claim or controversy respecting any lands in the said county of Onondaga, to be entered in a book or books to be by them provided for that purpose, which award or determination, shall, after the expiration of two years after the making thereof, become binding and conclusive to all persons, except such as conceiving themselves aggrieved by any such award or determination, shall, within the said two years, dissent from the same, and give notice thereof to the said commissioners, or file the same in the office of the clerk of the county of Onondaga, and shall also, if not in the actual possession of such land, within three years after such award or determination, commence a suit or suits, either at law or in equity, to recover the land or to establish his or her right to the same, and shall prosecute such suit or suits to effect, in which case such award or determination shall not operate as a bar to such suit or suits; but if no such suit or suits are brought within the times aforesaid and prosecuted to effect, then the said award or determination of the commissioners shall be final and conclusive; and in case any such Any suit suit commenced within the time aforesaid shall abate by the death of abating by the defendant, then the party dissenting, or if by his death, then his the party heirs or devisees, may at any time within one year revive such suit, vived or reor if necessary commence a new suit for the purpose aforesaid, and prosecute the same with like effect as such first suit might have been prosecuted if it had not abated as aforesaid; and the said commissioners are hereby directed to enter in the said book or books, a note of the time of receiving every such dissent, and when they shall have executed the trusts and duties by this act committed to them, they shall deposit the said book or books in the office of the clerk of the said county of Onondaga, there to remain as records of their pro- When conceedings: Provided always, That if the parties in any case will referred to enter into an agreement before the said commissioners to abide by the commis their determination, then and in every such case the award or deter- determinamination of the said commissioners shall be final and conclusive as to final. such parties and their heirs forever.

the death of

may be re

newed.

troversies are

sioners their

tion to be

and fix a time

$5. And be it further enacted, That the said commissioners Commissionshall, as soon as conveniently may be, after the passing of this act, es to adver cause a notice of their appointment to be inserted in the newspaper pointment printed by the printer to the state, and in one of the newspapers print- for their ed in each county of this state in which a newspaper is printed, and meeting. therein fix the time of their first meeting, and require all persons having any dispute or controversy respecting any title or claim to any land in the said county of Onondaga, to appear in person or by their agents or attornies, before the said commissioners, at the time and place therein mentioned, to exhibit their claims, that the said com

To enter in a book all lands for which

there appears no adverse claim.

more claims

tract and

commission

tise requiring

missioners may proceed in the execution of the trusts committed to them.

$6. And be it further enacted, That as to all the lands in the said county of Onondaga concerning which no adverse claim shall appear to be made before the said commissioners, they shall cause an entry to be made in the said books to that effect, but in all cases where interfering claims shall appear to be made, they shall examine and When two or determine the same; and in all cases where there are filed or recordappear on one ed in the said office two or more deeds from one and the same person, claimants do or in the same right to different persons, if any person interested unnot appear, der either of them shall neglect to make his claim, and in all cases ers to adver- where several persons appear to have claims to one and the same their appear piece of land, and any of them do not appear before the said commissioners, they shall cause a notice to be published in the newspapers aforesaid, and continued for six weeks, requiring all persons interested in such land to appear at a certain time and place therein mentioned, not less than six months from the date of such notice, and exAnd if they hibit their claims to the same land, and after the expiration of the time commission therein mentioned, it shall be lawful for the said commissioners to proceed to de- proceed to the examination and determination of all matters concerning the said land and the title to the same, whether all or any of the however of parties interested therein appear and exhibit their claims or not, saving to all persons aggrieved by any such award or determination, the right of dissenting and prosecuting in the manner aforesaid.

ance;

do not appear

crs may then

termine, with the right

dissenting.

The dissent of a party in

render the

award as to him of no effect, and

the party in the determi

whose favor

nation is

made to pro

$7. And be it further enacted, That if the party dissenting in possession to any of the cases aforesaid shall be in the actual possession of the premises, then and in every such case the award or determination of the said commissioners so dissented from, shall, as to the party so dissenting, be considered of no effect; and in every such case, unless the party in whose favor such award or determination shall be made, shall within three years after such award is made, commence a suit either at law, or in equity, to recover the land or to establish his or her right to the same, and shall prosecute such suit with effect, then such person in whose favor such award or determination is made, and his and her heirs, shall for ever be barred of all right, title and claim in and to the land concerning which such award or determination is made, but if any such suit should abate by death or otherwise, such suit may be revived, or a new suit brought as aforesaid, within the time herein before limited for that purpose as aforesaid.

secute a suit

for the recovery of the land.

Powers given

to commiesioners may

be executed

by any two of them.

to prejudice

$8. And be it further enacted, That all and every power and trust hereby vested in the said commissioners may be executed by them or any two of them: Provided always, That neither this act nor any thing therein contained shall extend or be construed to the This net not prejudice of any person under the age of twenty-one years, or feme any person covert, or person not of sound mind, or in prison, if such infant, feme feme covert, covert, person not of sound mind, or prisoner, shall, within three years after coming to the age of twenty-one years, becoming discovert, of sound mind, and at liberty, make their dissent, and bring their suit and prosecute the same to effect as aforesaid.

under age,

or insane.

When the state bo.

$10. And be it further enacted, That in all cases where it shall com inte- appear to the said commissioners that the people of this state, or some