§ 139 — Commissioners of deeds within the state

§ 139. Commissioners of deeds within the state. 1. Commissioners of\ndeeds in the cities of this state shall be appointed by the common\ncouncils of such cities respectively, and shall hold office for the term\nof two years from the date of their appointment, and until others are\nappointed in their places. A vacancy occurring during the term for which\nany commissioner shall be appointed, shall be filled by the common\ncouncil. The common council of the several cities of this state, except\nin cities of this state situate in a county which has a population of\nnot less than one hundred and eighty thousand, and not more than six\nhundred and fifty thousand, according to the last state or federal\nenumeration, shall at the end of every even numbered year, by resolution\nof the board, determine the number of commissioners of deeds to be\nappointed for such cities respectively.\n 2. The term of office of each commissioner of deeds appointed by the\ncommon council in cities of this state situate in a county which has a\npopulation of not less than one hundred and eighty thousand, and not\nmore than six hundred and fifty thousand, according to the last state or\nfederal enumeration, shall expire on the thirty-first of December of the\neven numbered year next after he shall be appointed. The common council\nof any such city shall in the month of November in every even numbered\nyear, by resolution, determine the number of commissioners of deeds to\nbe appointed in such cities, respectively, for the next succeeding two\nyears.\n 3. Any person who resides in or maintains an office or other place of\nbusiness in any such city and who resides in the county in which said\ncity is situated shall be eligible to appointment. Such commissioners of\ndeeds may be appointed by the common council by resolution, and the city\nclerk shall immediately after such appointment, file a certificate\nthereof with the county clerk of the county in which such city is\nsituate, specifying the term for which the said commissioners of deeds\nshall have been appointed; the county clerk shall thereupon notify such\npersons of their appointment, and such persons so appointed shall\nqualify by filing with him his oath of office, duly executed before such\ncounty clerk or before any person authorized to administer an oath,\ntogether with his official signature, within thirty days from the date\nof such notice.\n 4. The county clerk shall make a proper index of certificates of\nappointment and official signatures filed with him. For filing and\nindexing the certificate of appointment and official signature, the\ncounty clerk shall be paid a fee of one dollar by the appointee, which\nfee shall include the administration of the oath by the county clerk,\nshould he administer the same.\n 5. If a person appointed commissioner of deeds shall not file his oath\nof office as such commissioner of deeds, in the office of the clerk of\nthe county of his residence, within thirty days after the notice of his\nappointment as above provided, his appointment is deemed revoked and the\nfee filed with his application forfeited.\n 6. A commissioner of deeds may file his autograph signature and\ncertificate of appointment in the office of any county clerk, and the\ncounty clerk of the county in which such city is located, upon request\nof any commissioner appointed under the provisions of this section and\nupon payment of twenty-five cents for each certificate, must make and\ndeliver to such commissioner such number of certificates as may be\nrequired. Such certificates shall be issued under the hand and seal of\nthe county clerk of the county in which such city is located, showing\nthe appointment and term of office of such commissioner and stating the\ncounty in which he resides. Such a certificate may be filed in the\noffice of any county clerk upon the payment of one dollar for such\nfiling in each office. The clerks of the counties outside the city of\nNew York, shall each keep a book or card index file in which shall be\nregistered the signature of the commissioners so filing such\ncertificates.\n 7. The county clerk of the county in which said city is located shall,\nupon demand and upon payment of the sum of fifty cents, authenticate a\ncertificate of acknowledgment or proof of oath taken before such\ncommissioner of deeds within such city, by subjoining or attaching to\nthe original certificate of acknowledgment or proof of oath a\ncertificate under his hand and official seal specifying that at the time\nof taking the acknowledgment or proof of oath the officer taking it was\nduly authorized to take the same; that the authenticating officer is\nacquainted with the former's handwriting, or has compared the signature\non the certificate of acknowledgment or proof of oath with the autograph\nsignature deposited in his office by such officer, and that he verily\nbelieves the signature is genuine.\n 8. Any instrument or paper sworn to, proved or acknowledged before a\ncommissioner of deeds within a city and authenticated as hereinbefore\nprovided by the clerk of a county within which such city is located\nshall be recorded and read in evidence in any county in this state\nwithout further proof; provided, however, that a county clerk's\ncertificate of authentication shall not be necessary to entitle any deed\nor other instrument or paper so proved or acknowledged to be recorded in\nany office where such commissioner has filed his autograph signature and\ncertificate of appointment or to be read in evidence in any county in\nwhich such commissioner has filed with the county clerk his autograph\nsignature and certificate of appointment, as herein provided.\n 9. The foregoing provisions of this section shall not apply in the\ncity of New York.\n