§ 140 — Commissioners of deeds in the city of New York

New York § 140

• Jurisdiction: New York
• Law EXC: Executive
• Art. 6: Department of State

Text

§ 140. Commissioners of deeds in the city of New York. 1. The council\nof the city of New York is hereby authorized and is empowered to appoint\ncommissioners of deeds in such city from time to time, who shall hold\ntheir offices for two years from the date of their appointment.\n 2. No person shall be appointed a commissioner of deeds except an\nattorney-at-law unless such person shall have submitted with his\napplication proof of his ability to perform the duties of the office.\nApplicants serving clerkships in the offices of attorneys, and whose\nclerkship certificate is on file with the proper officials, shall submit\nan affidavit to that effect. Other employees of attorneys shall submit\nan affidavit sworn to by a member of the firm of such attorneys that the\napplicant is a proper and competent person to perform the duties of a\ncommissioner of deeds. Every other applicant shall furnish a certificate\nof the city clerk of such city stating that he has examined the\napplicant and believes such applicant to be competent to perform the\nduties of a commissioner of deeds; provided, however, that where a\ncommissioner of deeds applies, before the expiration of his term, for a\nreappointment or where a person whose term as commissioner of deeds\nshall have expired applies within six months after such expiration for\nappointment as a commissioner of deeds, such examination shall not be\nrequired. Upon any such application for such renewal the city clerk\nshall furnish the applicant with a certificate stating that the\napplicant has theretofore qualified for appointment and indicate the\ndate of the applicant's original appointment thereon. The fee for\nissuing each such certificate shall be fifty cents.\n 3. Such appointment shall not require the approval of the mayor, and\nhereafter, at the time of subscribing or filing the oath of office, the\ncity clerk shall collect from each person appointed a commissioner of\ndeeds the sum of twenty-five dollars, and he shall not administer or\nfile such oath unless such fee has been paid.\n 4. The city clerk shall designate a commissioner of deeds clerk, whose\nduties shall be to enter the names of commissioners of deeds appointed\nin a book kept for that purpose, make out certificates of appointment\nand discharge such other duties as the city clerk may designate.\n 5. Any person hereafter appointed to the office of commissioner of\ndeeds in and for the city of New York by the council, before entering\nupon the discharge of the duties of such office and within thirty days\nafter such appointment, shall take and subscribe before the commissioner\nof deeds clerk in the office of the city clerk or before any person\nauthorized to administer oaths the following oath of office: that the\napplicant is a citizen of the United States, and a resident of the state\nof New York, the city of New York and the county of (naming the county);\nthat he will support the constitution of the United States and the\nconstitution of the state of New York and faithfully discharge the\nduties of the office of commissioner of deeds. A person regularly\nadmitted to practice as an attorney and counsellor in the courts of\nrecord of this state, whose office for the practice of law is within the\ncity of New York, may be appointed a commissioner of deeds in and for\nthe city of New York and may retain his office as such commissioner of\ndeeds although he resides in or removes to another city in this state or\nto an adjoining state. For the purposes of this and the following\nsections of this article such person shall be deemed a resident of the\ncounty where he maintains such office.\n 5-a. A person regularly admitted to practice as an attorney and\ncounsellor in the courts of record of this state, whose office for the\npractice of law is within the city of New York, may be appointed a\ncommissioner of deeds in and for the city of New York and may retain his\noffice as such commissioner of deeds although he resides in or removes\nto any other county in this state or to an adjoining state. For the\npurposes of this article such person shall be deemed a resident of the\ncounty where he maintains such office.\n 6. Any commissioner of deeds who may remove from the city of New York\nduring his term of office vacates his office and is hereby required to\nnotify the city clerk of such removal, and immediately upon the receipt\nof such notice of removal the city clerk shall cause the name of such\ncommissioner to be stricken from the roll of commissioners of deeds of\nthe city.\n 7. Any person appointed to the office of commissioner of deeds under\nthe provisions of this section, upon qualifying as above provided, may\nadminister oaths and take acknowledgments or proofs of deeds and other\ninstruments in any part of the city of New York.\n 8. A commissioner of deeds may file his autograph signature and\ncertificate of appointment in the office of any county clerk in the\ncity; and the city clerk, upon request of any commissioner appointed\nunder the provisions of this section and upon payment of twenty-five\ncents for each certificate, must make and deliver to such commissioner\nsuch number of certificates as such commissioner may require. Such\ncertificates shall be issued under the hand and official seal of the\ncity clerk, showing the appointment and term of office of such\ncommissioner and stating the county in which he resides, which\ncertificates may be filed in the office of the several county clerks in\nthe city upon payment of one dollar in each office for filing.\n 9. The clerks of the counties of New York, Kings, Queens, Richmond and\nBronx shall each keep a book or card index file in which shall be\nregistered the signature of the commissioners so filing such\ncertificates; and the county clerk of any county in the city with whom\nsuch commissioner has filed a certificate of appointment shall, upon\ndemand and upon payment of the sum of fifty cents, authenticate a\ncertificate of acknowledgment or proof of oath taken before such\ncommissioner of deeds, without regard to the county in the city in which\nsuch acknowlgment or proof was taken or oath administered, by subjoining\nor attaching to the original certificate of acknowledgment or proof or\noath a certificate under his hand and official seal specifying that at\nthe time of taking the acknowledgment or proof or oath the officer\ntaking it was duly authorized to take the same; that the authenticating\nofficer is acquainted with the former's handwriting, or has compared the\nsignature on the certificate of acknowledgment, proof or oath with the\nautograph signature deposited in his office by such officer, and that he\nverily believes the signature is genuine.\n 10. Any instrument or paper sworn to, proved or acknowledged before a\ncommissioner of deeds within the city of New York and authenticated as\nhereinbefore provided by the clerk of any county within the city with\nwhom such commissioner has filed his autograph signature and certificate\nof appointment shall be recorded and read in evidence in any county in\nthis state without further proof; provided, however, that a county\nclerk's certificate of authentication shall not be necessary to entitle\nany deed or other instrument or paper so proved or acknowledged to be\nrecorded or read in evidence in any office of the county clerks within\nthe city of New York or the office of the register of the city of New\nYork.\n 11. A commissioner of deeds must affix, in black ink, to each\ninstrument sworn to, acknowledged or proved, in addition to his\nsignature, the date when his term expires and his official number as\ngiven to him by the city clerk, and must print, typewrite or stamp his\nname in black ink beneath his signature.\n 12. The mayor of the city of New York may remove any commissioner of\ndeeds appointed under the provisions of this section for cause shown;\nbut no such commissioner shall be removed until charges have been duly\nmade against him to the mayor and the commissioner shall have had an\nopportunity to answer the same. At any proceedings held before the mayor\nfor the removal of such commissioner of deeds the mayor shall have power\nto subpoena witnesses and to compel the attendance of the same, and to\nadminister oaths, and to compel the production of books and papers, and\nupon the termination of such proceedings shall make his decision thereon\nin writing, and cause the same to be filed in the office of the city\nclerk of the city of New York, provided, however, that the mayor may,\nwhenever a hearing is granted by him on complaint against a commissioner\nof deeds, designate an assistant corporation counsel to preside who\nshall have power to subpoena witnesses and to compel the attendance of\nthe same, administer oaths, compel the production of books and papers\nand receive exhibits; such assistant shall, upon the termination of such\nproceedings, certify a copy of the stenographer's minutes of such\nhearing and such exhibits as may be received in evidence, together with\nhis recommendations on the issues presented, whereupon the mayor shall\nrender a decision on all matters presented on such hearing.\n 13. In case such commissioner shall be removed from office the city\nclerk, immediately upon the receipt by him of the order of removal\nsigned by the mayor, shall cause the name of such commissioner so\nremoved to be stricken from the roll of commissioners of deeds of the\ncity.\n 14. No person who has been removed from office as a commissioner of\ndeeds for the city of New York, as hereinbefore provided, shall\nthereafter be eligible again to be appointed as such commissioner nor,\nshall he be eligible thereafter to appointment to the office of notary\npublic.\n 15. Any person who has been removed from office as aforesaid, who\nshall, after knowledge of such removal, sign or execute any instrument\nas a commissioner of deeds or notary public shall be deemed guilty of a\nmisdemeanor.\n 16. In case of the removal for cause, or removal from the city or\nresignation of a commissioner of deeds, the city clerk shall immediately\nnotify each county clerk and the register of the city of New York of\nsuch removal or resignation.\n