Section 142. Powers of such commissioners  


Latest version.
  • Every such commissioner shall
      have authority, within the city, county, municipality or other political
      subdivision for which he is appointed, and in the manner in  which  such
      acts are performed by authorized officers within the state:
        1.  To  take the acknowledgment or proof of the execution of a written
      instrument, except a bill of exchange, promissory note or  will,  to  be
      read in evidence or recorded in this state.
        2. To administer oaths.
        3.  If such commissioner is also an attorney at law regularly admitted
      to practice in this state, in his discretion, to the  extent  authorized
      by  this section, to administer an oath to or take the acknowledgment of
      or proof of the execution of an instrument by his client with respect to
      any matter, claim, action or proceeding.
        4. If appointed for a foreign country, to certify to the existence  of
      a  patent, record or other document recorded in a public office or under
      official custody in such foreign country, and to the  correctness  of  a
      copy of such patent, record or document, or to the correctness of a copy
      of  a certified copy of such patent, record or other document, which has
      been certified according to the form in use in such foreign country.
        5. A written instrument acknowledged or proved, an oath  administered,
      or  a  copy  or  a copy of a certified copy of a patent, record or other
      document certified, as heretofore provided in this section, may be  read
      in  evidence  or  recorded  within  this  state,  the  same as if taken,
      administered or certified within the state before an officer  authorized
      to  take  the  acknowledgment  or  proof  of  a  written  instrument, to
      administer oaths, or to certify to the correctness of a  public  record,
      if  there  shall  be annexed or subjoined thereto, or indorsed thereon a
      certificate of the commissioner before whom such acknowledgment or proof
      was taken, by whom the oath was administered, or by whom the correctness
      of such copy is certified, under his  hand  and  official  seal.    Such
      certificate  shall  specify  the  day  on  which,  and the city or other
      political subdivision, and the state or country or other place in which,
      the acknowledgment or proof was taken, or the oath administered, without
      which specification the certificate shall be void. Except as provided in
      subdivision  five  of  this   section,   such   certificate   shall   be
      authenticated  by  the  certificate of the secretary of state annexed or
      subjoined  to  the  certificate  of   such   commissioner,   that   such
      commissioner was, at the time of taking such acknowledgment or proof, of
      administering  such  oath,  or  of  certifying  to such patent record or
      document,  or  copy  thereof,  duly  authorized  therefor,  that  he  is
      acquainted  with  the  handwriting of such commissioner, or has compared
      the  signature  upon  the  certificate  with  the  signature   of   such
      commissioner   deposited  in  his  office,  that  he  has  compared  the
      impression of the seal affixed to such certificate with  the  impression
      of  the  seal  of such commissioner deposited in his office, and that he
      believes the  signature  and  the  impression  of  the  seal  upon  such
      certificate  to  be genuine. The certificate of a commissioner as to the
      correctness of a copy of a certified copy of a patent, record  or  other
      document,  as  provided  by  this section, shall be presumptive evidence
      that it was certified according to the  form  in  use  in  such  foreign
      country.
        6. A commissioner of deeds appointed pursuant to the preceding section
      may  during  his  term of office procure from the secretary of state, on
      payment  to  him  of  a  fee  of  two  dollars,  a  certificate  of  his
      appointment,  prescribed  by the secretary of state, stating among other
      things, the date of his appointment, the date of expiration thereof  and
      the  city, county, municipality or other political subdivision for which
      he is appointed, and containing the signature of the commissioner in his
    
      own handwriting and his  official  seal,  and  certifying  that  he  has
      compared  the  signature  on such certificate with the signature of such
      commissioner  deposited  in  his  office,  that  he  has  compared   the
      impression  of  the seal affixed to such certificate with the impression
      of the seal of such commissioner deposited in his  office  and  that  he
      believes  the  signature  and  the  impression  of  the  seal  upon such
      certificate to be genuine. Such a  certificate  may  be  filed  by  such
      commissioner  in the office of any county clerk or register in the state
      upon the payment to such county clerk  or  register  of  a  fee  of  two
      dollars.  Upon  the filing of such certificate in the office of a county
      clerk or register in this state, a written  instrument  acknowledged  or
      proved, an oath administered, or a copy or copy of a certified copy of a
      patent,  record  or other document certified, by a commissioner pursuant
      to this section, shall be entitled to be read in evidence and  shall  be
      accepted  for filing or recording and filed or recorded, as the case may
      be, in the office of such county clerk or register, on tender or payment
      of the lawful fees therefor, without having annexed or subjoined to  the
      certificate  of  such  commissioner contained thereon the authenticating
      certificate of the secretary of state as required by subdivision five of
      this section or by subdivision one of section three  hundred  eleven  of
      the real property law or by any other provision of law.