Section 139. Commissioners of deeds within the state

1.  Commissioners of
  deeds in the cities of this state  shall  be  appointed  by  the  common
  councils of such cities respectively, and shall hold office for the term
  of  two  years  from the date of their appointment, and until others are
  appointed in their places. A vacancy occurring during the term for which
  any commissioner shall be appointed,  shall  be  filled  by  the  common
  council.  The common council of the several cities of this state, except
  in cities of this state situate in a county which has  a  population  of
  not  less  than  one  hundred and eighty thousand, and not more than six
  hundred and fifty thousand, according  to  the  last  state  or  federal
  enumeration, shall at the end of every even numbered year, by resolution
  of  the  board,  determine  the  number  of commissioners of deeds to be
  appointed for such cities respectively.
    2. The term of office of each commissioner of deeds appointed  by  the
  common  council  in cities of this state situate in a county which has a
  population of not less than one hundred and  eighty  thousand,  and  not
  more than six hundred and fifty thousand, according to the last state or
  federal enumeration, shall expire on the thirty-first of December of the
  even numbered year next after he shall be appointed.  The common council
  of  any  such city shall in the month of November in every even numbered
  year, by resolution, determine the number of commissioners of  deeds  to
  be  appointed  in such cities, respectively, for the next succeeding two
  years.
    3. Any person who resides in or maintains an office or other place  of
  business  in  any  such city and who resides in the county in which said
  city is situated shall be eligible to appointment. Such commissioners of
  deeds may be appointed by the common council by resolution, and the city
  clerk shall immediately  after  such  appointment,  file  a  certificate
  thereof  with  the  county  clerk  of  the  county in which such city is
  situate, specifying the term for which the said commissioners  of  deeds
  shall  have been appointed; the county clerk shall thereupon notify such
  persons of their  appointment,  and  such  persons  so  appointed  shall
  qualify by filing with him his oath of office, duly executed before such
  county  clerk  or  before  any  person authorized to administer an oath,
  together with his official signature, within thirty days from  the  date
  of such notice.
    4.  The  county  clerk  shall  make  a proper index of certificates of
  appointment and official signatures  filed  with  him.  For  filing  and
  indexing  the  certificate  of  appointment  and official signature, the
  county clerk shall be paid a fee of one dollar by the  appointee,  which
  fee  shall  include  the administration of the oath by the county clerk,
  should he administer the same.
    5. If a person appointed commissioner of deeds shall not file his oath
  of office as such commissioner of deeds, in the office of the  clerk  of
  the  county of his residence, within thirty days after the notice of his
  appointment as above provided, his appointment is deemed revoked and the
  fee filed with his application forfeited.
    6. A commissioner of  deeds  may  file  his  autograph  signature  and
  certificate  of  appointment  in the office of any county clerk, and the
  county clerk of the county in which such city is located,  upon  request
  of  any  commissioner appointed under the provisions of this section and
  upon payment of twenty-five cents for each certificate,  must  make  and
  deliver  to  such  commissioner  such  number  of certificates as may be
  required. Such certificates shall be issued under the hand and  seal  of
  the  county  clerk  of the county in which such city is located, showing
  the appointment and term of office of such commissioner and stating  the
  county  in  which  he  resides.  Such  a certificate may be filed in the
  office of any county clerk upon the  payment  of  one  dollar  for  such

  filing  in  each  office. The clerks of the counties outside the city of
  New York, shall each keep a book or card index file in  which  shall  be
  registered   the   signature   of   the  commissioners  so  filing  such
  certificates.
    7. The county clerk of the county in which said city is located shall,
  upon  demand  and upon payment of the sum of fifty cents, authenticate a
  certificate of  acknowledgment  or  proof  of  oath  taken  before  such
  commissioner  of  deeds  within such city, by subjoining or attaching to
  the  original  certificate  of  acknowledgment  or  proof  of   oath   a
  certificate under his hand and official seal specifying that at the time
  of  taking the acknowledgment or proof of oath the officer taking it was
  duly authorized to take the same; that  the  authenticating  officer  is
  acquainted  with the former's handwriting, or has compared the signature
  on the certificate of acknowledgment or proof of oath with the autograph
  signature deposited in his office by such officer, and  that  he  verily
  believes the signature is genuine.
    8.  Any  instrument or paper sworn to, proved or acknowledged before a
  commissioner of deeds within a city and  authenticated  as  hereinbefore
  provided  by  the  clerk  of  a county within which such city is located
  shall be recorded and read in evidence  in  any  county  in  this  state
  without   further  proof;  provided,  however,  that  a  county  clerk's
  certificate of authentication shall not be necessary to entitle any deed
  or other instrument or paper so proved or acknowledged to be recorded in
  any office where such commissioner has filed his autograph signature and
  certificate of appointment or to be read in evidence in  any  county  in
  which  such  commissioner  has filed with the county clerk his autograph
  signature and certificate of appointment, as herein provided.
    9. The foregoing provisions of this section shall  not  apply  in  the
  city of New York.