New York § 142 - 142Powers of such commissioners

§ 142. 142Powers of such commissioners

§ 142. Powers of such commissioners. 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.