PART II. A copy to

in evidence.

S 4. A copy of any such original instrument, or of any copy be received thereof, so filed as aforesaid, including any statement made in pursuance of this act, certified by the clerk or register in whose office the same shall be filed, shall be received in evidence, but only of the fact that such instrument or copy, and statement, was received and filed according to the endorsement of the clerk or register thereon, and of no other fact; and in all cases the original endorsement by the clerk or register, made in pursuance of this act upon such instrument or copy, shall be received in evidence only of the facts stated in such endorsement.

Mortgages to be numbered.

Fees.

Indices to be made to

§ 5. The register of the city and county of New York, and the clerk of the city and county of Albany, shall respectively number every such instrument or copy which shall be filed in their offices, and shall enter in books to be provided by them, alphabetically, the names of all the parties to such instrument, with the number endorsed thereon opposite to each name; which entry shall be repeated alphabetically under the name of every party thereto.

$ 6. For services under this act, the clerks and registers shall be entitled to receive the following fees: For filing each instrument or copy, six cents; for entering the same in a book as aforesaid, in the said cities of Albany and New York, six cents for every party to such instrument; for searching for each paper, six cents; and the like fees for certified copies of such instruments or copies, as are allowed by law to clerks of counties for copies and certificates of records kept by them.

CHAP. 199.

AN ACT requiring County Clerks to make and keep books of general indices.

PASSED April 18, 1843. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The clerks of the several counties in this state, and the deeds and register of the city and county of New York, in those counties mortgages. in which general indices of deeds and mortgages have not been made and preserved, according to the act passed April 18, 1826, shall provide proper books for making such general indices, and shall form indices therein in such manner as to afford correct and easy reference to the several books of record in their offices respectively. There shall be one book for deeds and another for mortgages. In each book there shall be made double entries, or two lists of names in alphabetical order. In one shall be set the names of the grantors or mort gagors, followed by the names of their grantees or mortgagees; and in the other, the names of the grantees or mortgagees, followed by the names of the grantors or mortgagors, leaving

439

proper blanks between each class of names or subsequent entries; and in those counties in which indices were made under the said act of April 18, 1826, and have been preserved, the several clerks shall complete the same by bringing them down to the present time, and in either case, the said clerks shall keep the said indices complete by adding to the lists, as deeds and mortgages shall be sent in to be recorded.

to be paid.

S2. Each county clerk is hereby authorized to charge in enses his account against his county, all necessary expenses which he may incur in the purchase of books for such indices, and at and after the rate of fifty cents for every hundred names which he may enter in such book.

S3. The provisions of this act shall not apply to such Exception. counties in this state as now have a general numerical index of deeds and mortgages in the office of the clerk of said counties.

CHAP. 210.

AN ACT to authorize the recording of certain documents therein mentioned.

PASSED April 18, 1843.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

[Sections 1, 2, 3, 4, local and personal.]

be recorded

cases.

$5. The copy of any record, or of any recorded deed or Copies may instrument, attested and authenticated in such manner as in certain would by law entitle it to be read in evidence, may on proof of the loss of the original and of the record, be again recorded, and such record shall have the same effect as the original record.

CHAP. 109.

AN ACT in relation to the acknowledgment and proof of deeds and mortgages.

PASSED April 28, 1845.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

cities may

knowle dg.

$1. Every acknowledgment or proof of a deed or mort- Mayors of gage, made or taken before the mayor of any city, in the take ac United States, and certified by him, shall be as valid and ments. effectual, as if taken before one of the justices of the supreme court of this state.

438

PART II.

Patents may be recorded in

counties.

CHAP. 110.

AN ACT in relation to the recording of patents for lands in certain cases.

PASSED April 28, 1845.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. All letters patent issued under the great seal of this state, granting land to any person or persons, in addition to the record thereof made in the office of the secretary of state, may be recorded in the county where the lands granted are situated, in the same manner and with the like effect as any deed regularly acknowledged or proved before an officer authorized by law to take the proof and acknowledgment of deeds, whenever the patentee or owner of such lands shall request the same to be so recorded.

Wills may be recorded

clerks.

CHAP. 182.

AN ACT to authorize the recording of wills of real estate and of exemplifications of judgment records and decrees in partition suits, and for other purposes.

PASSED May 11, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Any will of real estate which shall have been duly by county proved in the supreme court, or court of chancery, or before the surrogate of any county in this state, with the proofs taken, on the proof thereof, and the certificate of proof annexed thereto or endorsed thereon, may be recorded in the clerk's office of any county in this state, in the same manner that conveyances of real estate are now authorized to be recorded. Any exemplification of the record of any such will from the office of the clerk of the supreme court, register, assistant register, or clerk in chancery, or surrogate, where the same may be recorded, or from any other office where the same hereafter by law may be recorded, may in like manner be recorded in the clerk's office of any county. The record of such will or exemplification so made as aforesaid, and the exemplifications of such record shall be received in evidence, and shall be as effectual in all cases as the original will would be if produced and proved, and may in like manner be repelled by contrary proof.

Exemplifications of judgment,

$ 2. An exemplification of any judgment record or decree record, or in partition, may in like manner be recorded in the clerk's be recorded office of any county of this state in which any lands described

therein may be situated. Such record or an exemplification thereof shall be received in evidence, and shall be as effectual in all cases as the original exemplification would be if produced, and shall be open to the same objections.

CHAP, III.

$3. On recording any such will or exemplification the clerk Index. shall index the same in the indices of deeds, substantially as such clerks are now required to index deeds recorded in their respective offices.

$4. Such clerks shall receive for such recording the same Fees. fees which shall be from time to time allowed them for the recording of conveyances of real estate; and any executor of a will or administrator with the will annexed who shall procure such will to be recorded in the clerk's office of any county in which the lands devised thereby may be situated, shall be allowed the fees paid by him for such recording in the settlement of his accounts.

CHAP. 170.

AN ACT authorizing the acknowledgment of conveyances in certain cases to be taken in Mexico before certain officers of the army of the United States.

PASSED April 30, 1847.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

to be ac

ed by the

$1. The acknowledgment of any deed, mortgage or other Deeds, how conveyance of any real estate within this state, and of any knowledg contract in relation to such real estate, and of any power of army in attorney authorizing the conveying, mortgaging or otherwise Mexico. disposing of such real estate, or of making any contract in relation thereto which has been or shall be executed by an officer or soldier of the army of the United States, employed at the time of making such acknowledgment within the territory of the republic of Mexico, may be taken within such territory before, and certified by any major-general, brigadiergeneral or colonel of the said army, to whom the person making such acknowledgment shall be personally known at the time of making the same. The certificate of any acknowledgment taken and certified by virtue of this act, shall state the place at which it is taken, and the fact that the person making the same is an officer or soldier of the said army, of which facts such acknowledgment shall be presumptive evidence. Every acknowledgment so taken and certified shall have the same force and effect in all respects as if the same were taken and certified within this state by an officer authorized by law to take and certify the same.

PART II

Proof or acknow

ledgment,

how to be made in

CHAP. 195.

AN ACT to provide for taking the acknowledgments of deeds and other written instruments, by persons residing out of the State of New York.

PASSED April 7, 1848.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged, in order to entitle the same to be recorded or read in evidence, other states when made by any person residing out of this state, and within any other state or territory of the United States may be made before any officer of such state or territory, authorized by the laws thereof to take the proof and acknowledgment of deeds; and when so taken and certified as herein provided, shall be entitled to be recorded in any county in this state, and may be read in evidence in any court in this state, in the same manner and with like effect, as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments: Provided that no such acknowledgment shall be valid unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in and who executed the said deed or instrument. When to be $ 2. To entitle any conveyance or written instrument, acknowledged or proved, under the preceding section, to be read in evidence or recorded in this state, there shall be subjoined or attached to the certificate of proof or acknowledgment, signed by such officer, a certificate under the name and official seal of the clerk, register, recorder or a prothonotary of the county in which such officer resides, or of the county or district court, or court of common pleas, thereof, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder or prothonotary, is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment, is genuine.

read in

evidence.

As amended by Laws of 1856, ch. 61.