CHAP. 3. Requisites $9. No acknowledgment of any conveyance having been executed, shall be taken by any officer, unless the officer taking the same, for acknow shall know, or have satisfactory evidence, that the person making such acknowledgment, is the individual described in, and who executed such conveyance.8 ledgments. Ib. When made by mar in this state. $10. The acknowledgment of a married woman residing within ried women this state, to a conveyance purporting to be executed by her, shall not be taken, unless in addition to the requisites contained in the preceding section, she acknowledge, on a private examination, apart from her husband, that she executed such conveyance, freely, and without any fear or compulsion of her husband; nor shall any estate of any such married woman, pass, by any conveyance not so acknowledged.8 Married wo men residing state. $11. When any married woman, not residing in this state, shall out of this join with her husband, in any conveyance of any real estate, situated within this state, the conveyance shall have the same effect as if she were sole; and the acknowledgment or proof, of the execution of such conveyance by her, may be the same as if she were sole.R scribing wit ness. Proof by sub- $12. The proof of the execution of any conveyance, shall be made by a subscribing witness thereto, who shall state his own place of residence, and that he knew the person described in, and who executed such conveyance; and such proof shall not be taken, unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to such instrument. When and how witnesses to deeds, com tify concern $ 13. Upon the application of any grantee, in any conveyance, his heirs or personal representatives, or of any person claiming under pelled to tes- them, verified by the oath of the applicant, that any witness to the ing them. conveyance, residing in the county where such application is made, refuses to appear and testify, touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorised to take the acknowledgment or proof of conveyances, except a commissioner of deeds, may issue a subpoena requiring such witness to appear and testify before such officer, touching the execution of such conveyance. Penalty, &c. for refusal to testify. $ 14. Every person, who being served with such subpoena, shall, to appear or without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured, one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail, and without the liberties of the jail, until he shall submit to answer upon oath as aforesaid. (8) 1 R L. 369, § 1 & 2. Certificate of be endorsed $ 15. Every officer who shall take the acknowledgment or proof, CHAP. 3. of any conveyance, shall endorse a certificate thereof, signed by himself, on the conveyance; and in such certificate, shall set forth the proof, &c. to matters herein before required to be done, known, or proved, on such on deed; its acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given.9 contents. proof, &c. S 16. Every conveyance, acknowledged, or proved, and certified Effect of in the manner above prescribed, by any of the officers before named, may be read in evidence, without further proof thereof, and shall be entitled to be recorded.10 evidence. not conclu $ 17. The record of a conveyance duly recorded, or a transcript Record, &c. thereof, duly certified, may also be read in evidence, with the like force and effect as the original conveyance. Neither the certificate Certificate of the acknowledgment, or of the proof, of any conveyance, nor the sive. record, or transcript of 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 the When not proof of a conveyance, shall make it appear that such proof was ta- dence. ken 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.10 to be evi of certain commission to be authen tain cases by S 18. Where any conveyance shall be proved or acknowledged, Certificates before any judge of the county courts, not of the degree of counsellor judges and of at law, in the supreme court, or before any commissioner of deeds ap- ers of deeds, pointed for any county or city, it shall not be entitled to be read in ticated in cerevidence, or to be recorded, in any other county than that in which county clerk. such judge or commissioner 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 signature to the said certificate of proof or acknowledgment, is genuine.11 $ 19. The last section shall not apply to any conveyance executed Last section by any agent for the Holland Land Company, or by any agent of the qualified. Pulteney estate, lawfully authorised to convey real estate. to be record $20. The certificate of the proof or acknowledgment of every Certificates conveyance, and the certificate of the genuineness of the signature of ed with conany judge or commissioner, in the cases where such last mentioned (9) 1. R. L. p. 369, § 1 & 2. (10) Ib. § 5. (11) Laws of 1818, p. 44, § 5 & 8. veyance; CHAP. 3. certificate is required, shall be recorded, together with the conveyance, so proved or acknowledged; and unless the said certificates be so recorded, neither the record of such conveyance, nor the transcript thereof, shall be read, or received in evidence.12 effect of omission. Conveyances by Treasurer cut. $21. All conveyances of real estate, executed since the tenth day of Connecti- of March, one thousand eight hundred and twenty-five, or hereafter to be executed, by the treasurer of the state of Connecticut, which shall be acknowledged by him before the secretary of state of the state of Connecticut, and the 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. 13 This chapter not to effect heretofore $ 22. Every conveyance of any real estate within this state, hereconveyances tofore executed, and heretofore acknowledged or proved and certified, proved, &c. in such manner as to be entitled to be read in 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. Existing con. veyances not proved. Order of recording, &c. Time of re cording, to be endorsed on deed. S23. 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 14 $25. The recording officer shall make an entry in the record, imentered and mediately 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. 14 Transcripts of records, how to be verified. $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 (12) Laws of 1818, p. 44, § 5. (13) Laws of 1825, p. 35. (14) 1. R. L. p. 370, § 5. county of which he is clerk, or by the register of the city and coun- CHAP. 3. ty of New-York, when such record shall be in his custody.15 conveyances of this state. $27. Every conveyance of real estate situated without this state, Proof, &c. of heretofore made, or hereafter made, and which shall be acknowledg- of lands out ed 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. 16 record, &c. of $28. Any mortgage that has been registered or recorded, or that Discharge of may hereafter be recorded, shall be discharged upon the record there- mortgages. of, by the officer in whose custody it shall be, 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.17 discharge, corded. $29. Every such certificate, and the proof or acknowledgment Certificate of thereof, shall be recorded at full length: and a reference shall be &c. to be remade to the book and page, containing such record, in the minute of Reference in the discharge of such mortgage, made by the officer upon the record charge. thereof. 17 minute of dis when witnes ses are dead. $30. Where the witnesses to any conveyance, authorised by this Proof of deed Chapter to be recorded, shall be dead, then the same 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. to be made, S31. The proof of the execution of any conveyance in such case, what proof shall be made by satisfactory evidence of the death of all the witnes- how certified ses 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. to be record S 32. Any conveyance proved and certified, pursuant to the two when deed last sections, may be recorded in the proper office, if the original deed d. be at the same time deposited in the same office, there to remain, for the inspection of all persons desiring to examine the same. deposit. $ 33. The recording and deposit of any conveyance, proved and Effect of certified according to the provisions of the three last sections, shalling and (15) 1. R. L. p. 370, § 5. (16) Laws of 1817, p. 58, § 2. (17) 1. R. L. p. 373, § 4. VOL. I. 96 CHAP. 3. be constructive notice of the execution of such 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. Punishment for recording without being $34. No clerk of any city or county, shall record any conveyance, deeds, &c. by which any interest in real estate is, or may be in any way affectproved, &c.ed, unless the same shall have been duly acknowledged or proved, and such acknowledgment or proof 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. 18 Punishment of judges, clerks, &c. for inalfea sance. Term "real estate" defin ed. Term "purchaser." veyance $35. Every judge, officer, or other person, within this state, authorised to take the acknowledgment or proof of any conveyance, 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. 19 $36. The term "real estate," as used in this Chapter, shall 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. $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. $38. The term "conveyance," as used in this Chapter, shall be Terin "con- 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. Last section not to include torney; but tracts for $39. The preceding section shall not be construed to extend to a powers of at- letter of attorney, or other instrument containing a power to convey they and con lands as agent or attorney for the owner of such lands; but every land, may be such letter or instrument, and every executory contract for the sale or recorded. purchase of lands, when proved 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 re proved and (18) 1 R. L. 371, § 8. (19) Laws of 1823, p. 15. |