An act concerning conveyances by married women. Passed 6th 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That in all cases when any married woman not residing in this state, shalĺ join with her husband in the sale of any messuages, lands, tenements or hereditaments situate in this state, and shall join in and execute, seal and deliver the conveyance of such messuages, lands, tenements or hereditaments, every such woman shall be thereby barred of and from all right and claim of dower in the messuages, lands, tenements and hereditaments so conveyed. § 2. And be it further enacted by the authority aforesaid, That all acknowledgments and proof of deeds and conveyances of any lands, tenements or hereditaments situated in this state, taken or made before any judge of the supreme court of the United States, shall be of the like 'validity and force as if the same was taken or made before a judge of the supreme court of this state. An act concerning conveyances by British subjects. Passed March 9th, 1793.2 WHEREAS great difficulties have arisen in proving deeds of conveyance and powers of attorney, for the sale or disposition of lands lying within this state, made by British subjects, actually residing within the kingdom of Great Britain, to citizens of this state: for remedy whereof, 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That all acknowledgments and proofs of such deeds and conveyances, to a citizen of this state, of any lands, tenements or hereditaments, situate in this state, or any power of attorney,relating to the sale or disposition of the same, taken or made, or hereafter to be taken or made, before the mayor of the city of London for the time being, and duly certified under the seal of the office of mayoralty of the said city of London, shall be of the like validity and force as if the same was taken or made before a judge of the supreme court of this state. An act relative to the acknowledgment of deeds. Passed 11th February, 1797.3 § 1. Be it enacted by the People of the State of New-York, represented in Deeds, how Senate and Assembly, That no judge or master in chancery or other offi- provod. cer authorised to take the acknowledgment or proof of deeds, conveyances or other writings, relating to lands, tenements and real estates, shall after the first day of May next, take any anknowledgment of any deed or conveyance of, or writing, relating to any lands, tenements or hereditaments, situated in this state, unless he shall then know or have satisfactory evidence that the person making such acknowledgment is the person described in, and who has executed such deed, conveyance or writing, nor take any proof of any such deed, conveyance or writing, from any person as a subscribing witness, unless he shall then know such person, or have satisfactory evidence that he is the subscribing witness; nor unless he shall have satisfactory evidence that such witness knew the person who executed such deed, conveyance or writing; all of which shall be inserted in the (1) 2 Greenleaf, p. 452. (2) 3 Greenleaf, p. 36. (3) Ib. p. 218. Not to be recorded unless ⚫o proved. What shall the certifi cato. certificate of such acknowledgment or proof, endorsed upon such deed or conveyance. § 2. And be it further enacted, That it shall not be lawful for the secretary of this state, or any clerk of either of the cities or counties of this state, to record or register any deed, conveyance or writing aforesaid, thereafter to be acknowledged or proved, unless the same shall be acknowledged or proved in the manner by this act directed; which acknowledgment or proof shall be recorded therewith. §3. And be it it further enacted, That it shall be the duty of every be set forth in judge or other officer who shall take the acknowledgment or proof of any deed, conveyance or other writing, any wise relating to any lands or tenements in this state, in the certificate of such acknowledgment or proof, to set forth what witnesses, if any, were examined before him, and the substance of the evidence by him or them given; and that every person who shall forge or counterfeit, or be aiding or assisting in forging or counterfeiting any such certificate or endorsement herein before mentioned to be made, and be thereof convicted according to the due course of law, shall be deemed guilty of felony, and be punished as in cases of felony. Any officer guilty of no glect, liable to pay treble damages. Preamble. Records of made valid. §4. And be it further enacted, That if either of the said judges, or other officers, authorised to take the acknowledgment or proof of deeds, or clerks, or any other person, entrusted by him, shall be guilty of any neglect or misdemeanor, or fraudulent practice, in the execution of this act, such judge, officer and clerk, shall respectively, for each and every such neglect, misdemeanor or fraudulent practice in the execution of this act, be liable to pay treble damages, with full costs of suit, to every person injured thereby, to be recovered by action on the case, or by action of debt, bill, plaint or information, in any court of record in this state. An act supplementary to the act, entitled "An act relative to the acknowledgment of deeds," passed the 11th day of February, 1797. Passed February 23d, 1798.1 WHEREAS the act, entitled "An act relative to the acknowledgment of deeds," passed the 11th day of February, 1797, took effect before it became public, in consequence of which the record and registry of several deeds, conveyances and other writings, relating to lands, tenements and real estates, are invalid for want of acknowledgment and proof, in conformity to the said act, and the officers who took the acknowledgment or proof of, and the clerks who recorded or registered the same, have become liable to the penalties of the said act: For remedy whereof, §1. Be it enacted by the People of the State of New-York, represented in certain deeds Senate and Assembly, That the record or registry of any deed, conveyance of, or writing, relating to any lands, tenements or hereditaments, made before the first day of December last, upon the acknowledgment of the party executing the same, or upon due proof of the execution thereof, in conformity to the law existing before the passing of the said act, shall be of the same force and validity in the law, as if the aforesaid act had not been passed. Officers and clerks ex § 2. And be it further enucted, That the several officers who have taken empted from any acknowledgments or proofs of any such deeds, conveyances or wricertain penal- tings, not in conformity to the said act, and the clerks of the respective tics. cities and counties in this state who have recorded or registered any such deeds, conveyances or writings, on or before the said first day of Decem (1) 3 Greenleaf, p. 328. ber last, hereby are released and absolved from any penalty or penalties by them thereby respectively incurred. knowledg deeds. §3. And be it further enacted, That it shall and may be lawful for the First judges first judges of the courts of common pleas of each respective county in this to take ac state, except the county of Albany, to take the acknowledgment and proof ment of of deeds, conveyances and other writings, relating to land, in the same manner as the judges of the supreme court and masters in chancery in this state may by law now do, subject to the same restrictions, and liable to the same penalties as the said judges of the supreme court and masters in chancery are subject and liable to. An act providing for the registry of deeds in certain counties therein mentioned. Passed April 3d, 1798.1 lands in cer to be record § 1. Be it enacted by the People of the State of New-York, represented in All deeds reSenate and Assembly, That all deeds and conveyances, to be made and lating to executed after the first day of February next, of or concerning, or where- tain counties by any lands or tenements, situate in the several counties of Ontario, then Steuben, Tioga, Herkimer, Oneida, Chenango and Otsego, may be any proved. way affected in law or equity, shall be recorded in the clerk's office in the counties in which such lands shall be situated, in books to be provided by the clerks of the same counties respectively; and that every deed and conveyance made and executed after the said first day of February next, whereby any of the said lands may be any way affected, in law or equity, shall be adjudged fraudulent and void, against any subsequent bona fide purchaser or mortgagee, for valuable consideration, unless the same be recorded as by this act is directed, before the recording the deed or conveyance under which such subsequent purchaser or mortgagee shall claim: Provided always, That no such deed or conveyance shall be recorded unless the same be first acknowledged by the party executing the same, or proven by a subscribing witness thereto, before, and such acknowledgment or proof certified by one of the judges of the supreme court of the United States, or one of the judges of the supreme court of judicature of this state, or a master in chancery, or one of the judges of the court of common pleas of the county where the lands intended to be conveyed shall be situated, or any of the first judges of the courts of common pleas in any county in this state, conformably to the provisions contained in an act, entitled "An act relative to the acknowledgment of deeds," passed the 11th day of February, 1797. recorded. § 2. And be it further enacted, That every deed and conveyance which Said deeds shall be delivered at the offices of the clerks of the counties herein how to be before mentioned, to be recorded, shall be recorded in the order, and as of the time when the same shall be delivered for that purpose; and every such deed and conveyance shall be considered as recorded from the time it was so delivered; and an entry shall be made on the margin of the record thereof, of the day of the month and year, and the time of the day such deed or conveyance is so recorded; and a certificate shall be endorsed on every such deed and conveyance, mentioning the certain day, and the time when, and the book and page in which the same is so recorded; and the clerk shall sign the said certificate when so endorsed; which certificate shall be taken and allowed as evidence of such recording in all courts of justice whatsoever. § 3. And be it further enacted That the record of every such deed and conveyance, when so recorded as aforesaid, shall be taken and allowed as evidence of such deed or conveyance in all courts whatsoever. (1) 3 Greenleaf, p. 403. Record of such deeds to be allowed as evidence. Provisions reJative to the proof and recording of deeds. Proviso. Feme covert residing with must be pri vately examined to pass an esLate. An act concerning the proof of deeds and conveyances. Passed 6th April, 1801.1 § 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That every deed, conveyance or writing relating to the title or property of any lands or real estate within this state, being duly acknowledged by the party or parties executing the same, or proved by one or more of the subscribing witnesses thereto, before one of the judges of the supreme court of the United States, or before one of the justices of the supreme court of this state, or a master in chancery, or the first judge of any court of common pleas, or before any other of the judges of the court of common pleas of the county where such lands or real estate are situated, or, if the same be situated in the cities of NewYork, Albany or Hudson, before the mayor or recorder of the said cities respectively, and a certificate of such acknowledgment or proof being endorsed thereon and signed by the person before whom the same was taken, shall and may be recorded in the office of the secretary of this state, or of the clerk of the county in which such lands or real estate are situated: Provided however, That no such acknowledgment shall be taken unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the person described in and who has executed such deed, conveyance or writing; and that no such proof shall be taken unless the officer taking the same shall know the person making such proof, or have satisfactory evidence that he is a subscribing witness to such deed, conveyance or writing, and that such witness knew the person who executed the same; all of which shall be inserted in the said certificate of such acknowledgment or proof; and in case of the examination of witnesses, it shall also be the duty of such officer to set forth in such certificate what witnesses were examined before him, and the substance of the evidence by them given. § 2. And be it further enacted, That no estate of a feme covert residin this state ing in this state, shall pass by her deed, without a previous acknowledgment taken in manner aforesaid, and made by her on a private examination apart from her husband, that she executed such deed freely, without any fear or compulsion of her husband, which shall in like manner be contained in the certificate of such acknowledgment to be endorsed on such deed; but where any feme covert, not residing in this state, shall join with her husband in any deed or conveyance of or relating to any lands or real estate situated within this state, she shall thereby be barred of and from all claim of dower and all other right and title therein, in like manner as if she were sole, and the acknowledgment or proof of such deed, conveyance or writing, may be the same as if she were sole, and shall entitle such deed, conveyance or writing to be recorded as aforesaid. Before whom deeds from 3. And be it further enacted, That all acknowledgments and proofs of British sub- any deeds, conveyances or writings made as aforesaid by British subjects jects may be actually residing within the kingdom of Great Britain or the dominions ed or proved. thereunto belonging, to any citizens of this state, of or concerning any acknowledg lands or real estate situate within this state, taken or made or hereafter to be taken or made before the mayor of the city of London, and duly certified under the seal of office of the mayoralty of the said city, or before any minister of the United States resident in Great Britain, shall be of the like force and validity, and entitle the same to be recorded as if the same were taken before a judge of the supreme court of this state. (1) 1 Kent & Radcliff, p. 478. necessary to § 4. And be it further enacted, That every deed, conveyance or writ- Deeds of ing made and executed after the first day of February, in the year of within cer our Lord one thousand seven hundred and ninety-nine, whereby the tain counties right or title to any lands or tenements situated in the several counties be recorded. of Ontario, Steuben, Tioga, Herkimer, Oneida, Chenango and Otsego may be affected either in law or equity, after being acknowledged or proved as aforesaid, shall be recorded, if the same be not already done, in the clerk's office in the counties in which such lands shall be situated, in books to be provided by the clerks of the same counties respectively; and that every deed and conveyance made and executed after the said first day of February, whereby any of the said lands may be any way affected in law or equity, shall be adjudged fraudulent and void against any subsequent bona fide purchaser or mortgagee for valuable consideration, unless the same be recorded as by this act is directed, before the recording the deed or conveyance under which such subsequent purchaser or mortgagee shall claim. recorded in are delivered. § 5. And be it further enacted, That every deed, conveyance or writ- Deeds to be ing, of or concerning any lands or real estate within this state, which by the order in virtue of this act shall be entitled to be recorded as aforesaid, shall be re- which they corded in the order and as of the time when the same shall be delivered to the secretary or any clerk for that purpose, and shall be considered as recorded from the time it was so delivered, and the said secretary or clerk shall make an entry on the margin of the record thereof, of the day, month and year, and the time of the day when the same is so recorded, and endorse and sign a certificate on such deed, conveyance or writing, of the particular time when and the book and page in which the same is so recorded; and that every deed, conveyance or writing so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such record certified by the secretary of this state, or the clerk in whose office the same may be recorded or registered under the seal of the court of common pleas of the county whereof he is clerk, may be read in evidence in any court of this state without further proof thereof. § 6. And be it further enacted, That it shall not be lawful for the said No deed to secretary, or any clerk of any city or county in this state, to record any be recorded. deed, conveyance or writing above mentioned, unless the same shall be knowledged acknowledged or proved as is directed by this act, and which acknowledgment or proof shall be recorded therewith. or proved. officers for ed by this act. § 7. And be it further enacted, That if either of the said judges or oth- Penalty on er officers within this state authorised to take the acknowledgment or neglect of duproof of deeds, or the said secretary, or any clerk of any county, or any ties prescrib deputy of such secretary or clerk, shall be guilty of any neglect, misdemeanor or fraudulent practice in the execution of the duties prescribed by this act, they and every of them shall in every such case be liable to pay treble damages with full costs of suit to any party injured thereby, to be recovered by action of debt or by information in any court of record in this state. mer act re pealed. § 8. And be it further enacted, That so much of the act, entitled "An Part of a foract for registering deeds and conveyances relating to the military bounty lands," passed the 8th day of January, 1794, as provides for the acknowledgment or proof of deeds or conveyances in a manner different from the provision of this act, shall be and the same is hereby repealed, so far as respects conveyances hereafter to be made. |