§ 142 — Powers of such commissioners

New York § 142

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

Text

§ 142. Powers of such commissioners. Every such commissioner shall\nhave authority, within the city, county, municipality or other political\nsubdivision for which he is appointed, and in the manner in which such\nacts are performed by authorized officers within the state:\n 1. To take the acknowledgment or proof of the execution of a written\ninstrument, except a bill of exchange, promissory note or will, to be\nread in evidence or recorded in this state.\n 2. To administer oaths.\n 3. If such commissioner is also an attorney at law regularly admitted\nto practice in this state, in his discretion, to the extent authorized\nby this section, to administer an oath to or take the acknowledgment of\nor proof of the execution of an instrument by his client with respect to\nany matter, claim, action or proceeding.\n 4. If appointed for a foreign country, to certify to the existence of\na patent, record or other document recorded in a public office or under\nofficial custody in such foreign country, and to the correctness of a\ncopy of such patent, record or document, or to the correctness of a copy\nof a certified copy of such patent, record or other document, which has\nbeen certified according to the form in use in such foreign country.\n 5. A written instrument acknowledged or proved, an oath administered,\nor a copy or a copy of a certified copy of a patent, record or other\ndocument certified, as heretofore provided in this section, may be read\nin evidence or recorded within this state, the same as if taken,\nadministered or certified within the state before an officer authorized\nto take the acknowledgment or proof of a written instrument, to\nadminister oaths, or to certify to the correctness of a public record,\nif there shall be annexed or subjoined thereto, or indorsed thereon a\ncertificate of the commissioner before whom such acknowledgment or proof\nwas taken, by whom the oath was administered, or by whom the correctness\nof such copy is certified, under his hand and official seal. Such\ncertificate shall specify the day on which, and the city or other\npolitical subdivision, and the state or country or other place in which,\nthe acknowledgment or proof was taken, or the oath administered, without\nwhich specification the certificate shall be void. Except as provided in\nsubdivision five of this section, such certificate shall be\nauthenticated by the certificate of the secretary of state annexed or\nsubjoined to the certificate of such commissioner, that such\ncommissioner was, at the time of taking such acknowledgment or proof, of\nadministering such oath, or of certifying to such patent record or\ndocument, or copy thereof, duly authorized therefor, that he is\nacquainted with the handwriting of such commissioner, or has compared\nthe signature upon the certificate with the signature of such\ncommissioner deposited in his office, that he has compared the\nimpression of the seal affixed to such certificate with the impression\nof the seal of such commissioner deposited in his office, and that he\nbelieves the signature and the impression of the seal upon such\ncertificate to be genuine. The certificate of a commissioner as to the\ncorrectness of a copy of a certified copy of a patent, record or other\ndocument, as provided by this section, shall be presumptive evidence\nthat it was certified according to the form in use in such foreign\ncountry.\n 6. A commissioner of deeds appointed pursuant to the preceding section\nmay during his term of office procure from the secretary of state, on\npayment to him of a fee of two dollars, a certificate of his\nappointment, prescribed by the secretary of state, stating among other\nthings, the date of his appointment, the date of expiration thereof and\nthe city, county, municipality or other political subdivision for which\nhe is appointed, and containing the signature of the commissioner in his\nown handwriting and his official seal, and certifying that he has\ncompared the signature on such certificate with the signature of such\ncommissioner deposited in his office, that he has compared the\nimpression of the seal affixed to such certificate with the impression\nof the seal of such commissioner deposited in his office and that he\nbelieves the signature and the impression of the seal upon such\ncertificate to be genuine. Such a certificate may be filed by such\ncommissioner in the office of any county clerk or register in the state\nupon the payment to such county clerk or register of a fee of two\ndollars. Upon the filing of such certificate in the office of a county\nclerk or register in this state, a written instrument acknowledged or\nproved, an oath administered, or a copy or copy of a certified copy of a\npatent, record or other document certified, by a commissioner pursuant\nto this section, shall be entitled to be read in evidence and shall be\naccepted for filing or recording and filed or recorded, as the case may\nbe, in the office of such county clerk or register, on tender or payment\nof the lawful fees therefor, without having annexed or subjoined to the\ncertificate of such commissioner contained thereon the authenticating\ncertificate of the secretary of state as required by subdivision five of\nthis section or by subdivision one of section three hundred eleven of\nthe real property law or by any other provision of law.\n