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Acknowledg

ments of

deeds may be

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pleas.

Deeds, of scription, se.

An act to amend an act, entitled "An act concerning the proof of deeds and conveyances," and for other purposes. Passed April 7, 1806.1

§ 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That all acknowledgments and proofs of deeds by judges of and conveyances by any of the judges of the courts of common pleas in the courts of the several counties of this state, shall be as good and effectual to all intents and purposes as if they were made by the first judges of the respective counties, any thing in the said act to the contrary notwithstanding. § 2. And be it further enacted, That every deed, conveyance or writcertain de-ing, relative to the title or property of any lands or real estate which may cretary and have been duly and legally acknowledged and proven previous to the passing of the act hereby amended, and which were omitted to be recorded, it shall and may be lawful for the secretary of the state, or for any clerk of any city or county within this state, to record the same, in the same manner as if the act hereby amended had not been passed, any thing in the said act contained to the contrary notwithstanding: Provided, That this clause shall not relate to deeds or conveyances for lands in the tract of land set apart for the officers and soldiers of the line of this state, serving in the army of the United States, lying in the western district of this state.

clerka to re

cord.

Proviso.

Bales of mort

ses, under de

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And whereas, doubts have arisen upon the construction of the second section of the act, entitled "An act for making process in courts of equity effectual against mortgagors who abscond or refuse to appear," and the thirteenth and fourteenth sections of the act, entitled "An act concerning the court of chancery and the proceedings therein :"

And whereas, it hath been found that the provisions contained in the last mentioned act operate conveniently-Therefore,

§3. Be it further enacted, That all sales of mortgaged premises, to be gaged premi- made under decrees which have been or may be obtained in the said court crees of chan- of chancery, in pursuance of the first mentioned act, shall be made in the manner prescribed by the thirteenth section of the last mentioned act; and that the monies arising from such sales, shall be applied in the manner directed by the thirteenth and fourteenth sections of the said last mentioned act.

tain cases

how made.

Made under

§ 4. And be it further enacted, That all sales of mortgaged premises decrees of heretofore made under decrees of the said court of chancery, in the mode chancery in a Certain mode, prescribed by the last mentioned act, shall be and the same are hereby declared to be valid.

valid.

An act concerning the record of certain ancient conveyances.
Passed January 29, 1811.2

§1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the record of any conveyance relating to any lands cr tenements within this state, executed previous to the fourth day of July, in the year 1776, and acknowledged or proven according to law, and recorded in the office of the clerk of any of the counties within the late colony of New-York, or a sworn copy of such record, shall be evidence in any court of law or equity in the same manner as the original conveyance would be if produced and proven.

§ 2. And be it further enacted, That the acknowledgment or proof of the execution of any deed or conveyance for any lands in this state may

(1) 4 Webster, p. 615. (2) 6 Webster, p. 87.

be made and taken before a judge of any territory of the United States, and such acknowledgment or proof shall be taken in the same manner and have the like effect, as if taken before a justice of the supreme court of this state.

An act concerning the recording of deeds in the city of New-
York. Passed March 30, 1811.1

§ 1. Be it enacted by the People of the State of New-York, represented in Deeds to be Senate and Assembly, That every deed or conveyance in fee simple abso- recorded. lute of any lands, tenements, hereditaments or real estate within the city and county of New-York, which shall be made and executed after the first day of April next, in order to be good and effectual in the law as against any subsequent purchaser or mortgagor, bona fide and for valuable consideration, and without notice of such prior deed or conveyance, shall be recorded at length in the office of the clerk of the said city and county, in books to be provided by the said clerk for that purpose.

§ 2. And be it further enacted, That the said clerk shall make a note Duty of clerk. or memorandum on any deed or conveyance hereby directed to be recorded, and which shall be left with him or in the said office to be recorded, of the day, month and year, and the hour of the day when the same shall so be left with him or in his office to be recorded as aforesaid, and that the record thereof shall bear date corresponding with the time mentioned in such note or memorandum.

And to the end that accurate information may be obtained by all persons respecting the deeds or conveyances so to be recorded,

made.

§ 3. And be it further enacted, That the said clerk shall make an index Index to be to each book of such records, and from day to day and time to time, as the same deeds or conveyances shall be recorded, make an entry therein of the name and names of each and every grantor and grantors, and grantee and grantees, and parties named in such deed or deeds or conveyances respectively, arranged alphabetically under the initial letters of the name of each and every grantor and grantors, grantee and grantees, or party or parties named therein, either as conveying or receiving title thereby, to which records and indexes all persons shall have free access for search at all reasonable times during the day time, and which the said clerk shall be bound to exhibit to those who wish to search.

§4. And be it further enacted, That the fees for recording such deeds . and conveyances, and making searches therefor, shall be the same as is now or as may hereafter be provided for by laws for the like services, but that no additional charge shall be made for such index as is before directed to be made.

to be allow

§ 5. And be it further enacted, That the act, entitled "An act for the Free access recording of deeds in the city and county of New-York," passed the 5th April, 1810, shall be, and the same is hereby repealed.

An act supplementary to the act for the amendment of the law.

Passed April 9, 1811.2

ed.

ments of

§4. And be it further enacted, That every conveyance or writing rela- Acknowledgting to the title or property of any lands or real estate within this state, deeds, &c. being duly acknowledged by the party or parties executing the same, or taken out of proved by one or more of the subscribing witnesses thereto, before any one of the judges or justices of the supreme or superior courts of any state

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the state.

Deeds before whom to be

within the United States, in the manner in which deeds are required and directed to be acknowledged or proved before one of the judges of the supreme court of this state, in and by the act, entitled "An act concerning the proof of deeds and conveyances," shall and may be recorded in the office of the secretary of this state, or of the clerk of the county in which such lands or real estate are situated, and such acknowledgment or proof of any such deed, conveyance or writing relating to the title or property of any lands or real estate within this state, made or taken in the manner by this act directed, shall have the same effect in law as if made before a judge of the supreme court of this state.

An act concerning deeds. Passed April 12, 1813.1

§ 1. Be it enacted by the People of the State of New-York, represented in acknowledg. Senate and Assembly, That every deed, conveyance or writing, of or coned or proved. cerning any lands, tenements, or real estate within this state, heretofore made or hereafter to be made, in order to entitle it to be recorded, shall, except in the cases herein after specified, be duly acknowledged by the party or parties executing the same, or proved by one or more of the subscribing witnesses thereto, before one of the judges of the supreme court of the United States, or before one of the justices of the supreme court of this state, or before any one of the judges or justices of the supreme or superior courts of any state or territory within the United States, or before the first judge of the district of Columbia, or a master in chancery of this state, or the first judge of any court of common pleas, or any other judge of any court of common pleas in this state, or before the mayor or recorder of either of the cities of New-York, Albany or Hudson, or the mayor of the city of Schenectady, and shall and may be recorded in the office of the secretary of this state, or of the clerk of the county in which the lands or real estate are situated, and a certificate of such acknowledgment or proof, signed by the person before whom the same was taken, shall be endorsed thereon, and recorded with the said deed, conveyance or writing aforesaid: Provided however, That no such acknowledgment shall be taken, unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the person described in, and who has executed such deed, conveyance or writing, and that no such proof shall be taken unless the officer taking the same shall know the person making such proof, or have satisfactory evidence that he is a subscribing witness to such deed, conveyance or writing, and that such witness know the person who executed the same, all of which shall be inserted in the said certificate of such acknowledgment or proof; and in case of the examination of witnesses, it shall also be the duty of such officer to set forth in such certificate, what witnesses were examined before him, and the substance of the evidence by them given.

Femes covert

ly examined

sent to the deeds.

§ 2. And be it further enacted, That no estate of a feme covert, residing to be private- in this state, shall pass by her deed, nor shall the same be recorded withas to their as- out a previous acknowledgment taken in manner aforesaid, and made by her on a private examination, apart from her husband, that she executed such deed freely, without any fear or compulsion of her husband, which shall in like manner be contained in the certificate of such acknowledgment, to be endorsed on such deed. But where any feme covert not residing in this state, shall join with her husband in any deed or conveyance, of or relating to any lands or real estate situated within this state, she shall thereby be barred of and from all claim of dower, and all other

(1) 1R. L. p. 369. K. & R. v. 1, p. 478; W. v. 4, 615.

right and title therein, in like manner as if she were sole, and the acknowledgment or proof of such deed, conveyance or writing, may be the same as if she were sole, and shall entitle such deed, conveyance or writing, to be recorded as aforesaid.

may prove or

deeds before

§ 3. And be it further enacted, That all acknowledgments and proofs of British subany deeds, conveyances or writings, made as aforesaid by British subjects jacts in G. B. actually residing within the kingdom of Great Britain, or the dominions acknowledge thereunto belonging, to any citizens of this state, of or concerning any the mayor of lands or real estate situate within this state, taken or made, or hereafter London. to be taken or made, before the mayor of the city of London, and duly certified under the seal of office of the mayoralty of the said city, or before any minister of the United States resident in Great Britain, shall be of the like force and validity, and entitle the same to be recorded as if the same were taken before a judge of the supreme court of this state.

the order of

received.

§ 5. And be it further enacted, That every deed, conveyance or writ- Deeds to be ing, of or concerning any lands or real estate within this state, which by recorded in virtue of this act shall be entitled to be recorded as aforesaid, shall be time in which recorded in the order and as of the time when the same shall be delivered they shall be to the secretary or any clerk for that purpose, and shall be considered as recorded from the time it was so delivered; and the said secretary or clerk shall make an entry in the margin of the record thereof, of the day, month and year, and the time of the day when the same is so recorded, and endorse and sign a certificate on such deed, conveyance or writing, of the particular time when, and the book and page in which the same is so recorded; and that every deed, conveyance or writing so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such record, certified by the secretary of this state, or the clerk in whose office the same may be recorded or registered, under the seal of the court of common pleas of the county whereof he is clerk, may be read in evidence in any court of this state without further proof thereof.

veyances to

§ 6. And be it further enacted, That the record of any conveyance re- The record of lating to any lands or tenements within this state, executed previous to the certain con fourth day of July, one thousand seven hundred and seventy-six, and ac- be good eviknowledged or proven according to law, and recorded in the office of the dence. clerk of any of the counties within the late colony of New-York, or a copy of such record, certified by any such clerk, shall be evidence in any court of law or equity in the same manner as the original conveyance would be, if produced and proven.

corded.

§7. And be it further enacted, That every conveyance or writing, of Deeds duly or concerning any lands or real estate within this state, which hath been proved before April 6, 1801, acknowledged or proven previous to the sixth day of April, one thousand may be reeight hundred and one, agreeably to any law of this state in force at the time of making any such acknowledgment or proof, and not recorded, shall be entitled to be recorded by the secretary of this state, or the clerk of the county in which the lands described in such deed, conveyance or writing, are situated, and that every deed, conveyance or writing, so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such record, certified by the said secretary or the clerk in whose office the same may be recorded, under the seal of the court of common pleas of the county whereof he is clerk, may be read in evidence in any court of this state without farther proof thereof: Provided always, That nothing in this section contained shall be deemed or taken to extend to deeds, conveyances or writings for lands lying in the western district in the tract set apart for the officers and troops of this state, serving in the army of the United States, which were not deposited

with the clerk of the city and county of Albany on or before the first day of May, one thousand seven hundred and ninety-five, in pursuance of the act, entitled "An act for registering deeds and conveyances relating to the military bounty lands," passed the 8th day of January, 1794, and the act to amend the same, passed the 27th day of March, in the year aforesaid, nor to any deeds, conveyances or writings, of or concerning the lands last mentioned, made and executed subsequent to the said 8th day of January, 1794. Part of a cer-$10. And be it further enacted, That so much of the act, entitled “ An tain act re- act for registering deeds and conveyances relating to the military bounty lands," passed the 8th day of January, 1794, as provides for the acknowledgment or proof of deeds or conveyances in a manner different from the provision of this act, shall be, and the same is hereby repealed, so far as respects conveyances made after the sixth day of April, in the year of our Lord one thousand eight hundred and one.

pealed.

Doods exe

U:S. ho wac

An act concerning the proof of deeds in foreign countries. Passed April 12, 1816. Chap. 119, p. 118.

§ 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That all acknowledgments and proofs of any deeds, conveyances or writings, of and concerning any lands, tenements or real estate, within this state, hereafter to be made by any person or persons, actually residing or being in any state or kingdom in Europe, before any minister of the United States, resident and accredited within such state or kingdom, such acknowledgments or proofs being made, taken and certified according to the directions of the act, entitled "An act concerning deeds," shall be of the like force and validity, and entitle the same to be recorded or registered in like manner, as if the same were taken or made before a judge of the supreme court of this state.

An act supplementary to an act, entitled "An act concerning deeds." Passed March 8, 1817. Chap. 69, p. 58.

§ 1. Be it enacted by the People of the State of New-York, represented in cuted out of Senate and Assembly, That every deed, conveyance or writing, of or conknowledged. cerning any lands, tenements or real estate, within this state, heretofore made, or hereafter to be made, by any person or persons without the United States, may be acknowledged by the party or parties executing the same, or proved by one or more of the subscribing witnesses thereto, in manner and form as is prescribed in the first section of the act, entitled "An act concerning deeds," passed April 12th, 1813, before any person specially authorised to take such acknowledgment or proof, by the court of chancery of this state, and that the acknowledgment or proof of such deed, conveyance or writing, taken by such person, in manner and form aforesaid, shall be of the like force and validity, and entitle the same to be recorded, as if the same were taken before a judge of the supreme court of this state.

May be read in evidence.

§ 2. And be it further enacted, That every deed, conveyance or writing, of or concerning any lands, tenements or real estate, without this state, heretofore made, or hereafter to be made, acknowledged or proved, in manner and form as is prescribed in the first section of this act, or in the first section of the act, entitled "An act concerning deeds," passed April 12, 1813, for taking the acknowledgment or proof of a deed, conveyance or writing, of or concerning any lands, tenements or real estate within this state, may be read in evidence, in any court within this state, without further proof thereof, in the same manner as it might be read, were it of or concerning any lands, tenements or real estate, within this state.

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