Imágenes de páginas
PDF
EPUB

CHAPTER III.

OF THE PROOF AND RECORDING OF CONVEYANCES OF
REAL ESTATE, AND THE CANCELLING OF MORT-
GAGES.

Sec. 1. Conveyances real estate, where to be recorded ; consequence of omission.

2. Deeds and mortgages to be recorded in different sets of books.
3. Defeasances, etc., of deeds to be recorded with them.
4. Officers in this state and the United States, authorised to take proofs, etc.,

of deeds.
5. Ambassadors, consuls, etc., in Europe, etc., may take proofs, etc.
6. In Great Britain, etc., consuls, etc., may take proof, etc.
7. Proofs, etc., how certified by mayors, consuls and ambassadors ; effect

thereof. 8. Proofs, etc., before special commissioners appointed by chancery, 9. Identity of persons acknowledging deed, to be known or proved. 10. Married women in this state, to be examined, etc. 11. Proof, etc., of conveyances by married women residing out of this state. 12. Proof of deeds by subscribing witnesses, how made. 13. When and how witnesses to deeds, compelled to testify concerning them. 14. Penalty and proceedings on refusal, etc., to appear or to testify. 15. Certificate of proof, etc., to be indorsed on deed ; its contents. 16 & 17. [Repealed.] 18. Certificates of certain judges and commissioners, when and how to be

authenticated. 19. Last section not to apply to deeds of agents of certain estates. 20. Certificates to be recorded with conveyance ; effect of omission. 21. Conveyances by treasurer of Connecticut, how verified. 23. This chapter not to affect conveyances heretofore proved, etc. 23. Conveyances heretofore executed, but not proved, how to be proved, etc. 24. Conveyances to be recorded in order of delivery, and deemed then recorded. 25. Entry of time of recording, etc., to be made and endorsed on deed. 26. Transcripts of records how to be verified, in order to be evidence. 27. (Repealed.) 28. Upon what proof records, etc., of mortgages, to be discharged. 29. Certificate of discharge and proof, etc., to be recorded in the minutes of discharge, reference to be made to the page where certificate is recorded.

(766) 30. When witnesses to conveyance dead, before whom it may be proved. 31. What proof to be made ; matters to be stated in certificate. 32. Deed so proved, on being deposited, may be recorded. 33. Effect of recording and deposit, as notice, as evidence. 34. Punishment for recording deeds, etc., without being proved, etc. 35. Punishment of judges, etc., for malfeasance in executing powers herein

given. 36. Definition of term “real estate," as used in this chapter. 37. Construction of the term “purchaser." 38. Meaning of term “conveyance." 39. Last section not to extend to powers of attorney, but they and contracts for

land may be proved, etc., and recorded; effect thereof. 40. Letter of attorney recorded not affected by revocation until it be recorded. 41. Recording assignment of mortgage not to be notice to mortgagor, etc. 42. This chapter not to extend to leases for life or years, in certain counties.

43. What provisions of this chapter apply to register in New York. SECTION 1. Every conveyance of real estate, within this state, Convey. hereafter made, shall be recorded in the office of the clerk of the ances to be

in county where such real estate shall be situated; and every such cerning conveyance not so recorded shall be void as against any subsequent office. purchaser, in good faith and for a valuable consideration, of the

be re

same real estate, or any portion thereof, whose conveyance shall be first duly recorded.

3 N. Y., 520; 8 N.Y., 27, 450 ; 29 Barb., 507 ; 25 Barb., 399 ; 22 Barb., 65 ; 20 Barb., 392;

18 Barb., 202; 16' Barb., 264; 6 Barb., 67, 349, 346; 15 Wend., 588 ; 8 Wend., 620; 6 Wend., 213; 3 Wend., 180 ; 2 Barb. Ch., 158 ; 6 Hill, 473 ; 2 Hill, 650 ; 8 Paige, 547 ; 4 Paige, 215 ; 3 Paige, 137 ; 1 Sandr. Ch., 425 ; 1 Edw., 653 ; 2 Johns. Ch R., 604 Johns. R., 509 ; 28 N. Y., 213 ; 42 Barb., 422 ; 35 Barb., 334 ; 1 Hun, 396 ; 52 N Y., 138; 1 Abb. Ct. App. Dec., 295; 4 id., 701 ; 4 Hun, 300, 705 ; 63 Barb., 16 ; 7 Lans., 3 ; 31 How. Pr. R., 260 ; 45 How. Pr. R., 287 ; 6 T. & C., 367, 566; 8 Bosw., 174, 523; 69 N. Y., 1; 76 N Y., 463 ; 13 J. & S., 401; 7 Abb. N. C., 188 ;'19 Hun, 209 ; 19 Hun, 182 ; 79 N. Y., 23; id., 373; 21 J. & S., 175; 12 Abb. N. C., 402 ; 23 Hun, 509 ; 29 Hun, 62, 379; 30 Hun, 411; 36 Hun, 566; 39 Hun, 229, 235, 609; 86 N. Y., 221; 87 N. Y,,

257, 446 ; 89 N. Y., 592, 641 ; 96 N. Y., 346; 97 N. Y., 416'; 85 N. Y., 43.

[1 R. L., 369, 372 ; L. 1819, 269; L. 1821, 127; L. 1822, 261, 284 ; L. 1823, 412.] Different

§ 2. Different sets of books shall be provided by the clerks of books for deeds and the several counties, for the recording of deeds and mortgages; in mort gages. 28 N. Y. one of which sets, all conveyances absolute in their terms, and not 144: N. Y., intended as mortgages, or as securities, in the nature of mortgages, Bosw., 382 ; shall be recorded; and in the other set, such mortgages and 343; 13.3. & securities shall be recorded. S., 404 ; 99 N. Y., 623. Certain

§ 3. Every deed conveying real estate, which by any other instrudeeds to be ment in writing, shall appear to have been intended, only, as a security mortgages. in the nature of a mortgage, though it be an absolute conveyance in Defeasan.. terms, shall be considered as a mortgage; and the person for whose ces, &c., to

benefit such deed shall be made, shall not derive any advantage corded. 16 Barb.,

from the recording thereof, unless every writing, operating as a Barb., 852 ; defeasance of the same, or explanatory of its being designed to 3 Wend., 208 ; 2 Cow.,

have the effect only of a mortgage, or conditional deed, be also re324; 5 corded therewith, and at the same time. Paige, 111; 1 Paige,553; Cl. Ch., 167 ; 6 Johns. Ch. R., 417 ; 42 N. Y., 343 ; 6 Lans., 268 ; 5 Bosw., 383 ; 18 Hun, 298.

(1 R. L., 372, § 3; L. 1822, 262, § 3.] Oficers § 4. To entitle any conveyance hereafter made, to be recorded by who may take

any county clerk, it shall be acknowledged by the party or parties prode.co, executing the same, or shall be proved by a subscribing witness

thereto, before any one of the following officers: In this

1. If acknowledged or proved within this state; the chancellor, state.

justires of the supreme court, circuit judges, supreme court commissioners, judges of county courts, mayors and recorders of cities, or commissioners of deeds; but no county judge, or commissioner of deeds for a county or city, shall take any such proof or acknowl

edgment, out of the city or county, for which he was appointed : (757)

2. If acknowledged or proved out of this state, and within the other part

United States; the chief justice and associate justices of the of United

supreme court of the United States, district judges of the United 6 N. Y., States, the judges or justices of the supreme, superior or circuit 422 ; 5 N. Y., 36; 8 court, of any state or territory, within the United States, and the 5 Hili 574chief judge, or any associate judge, of the circuit court of the United 6 Paige, 60'; States, in the District of Columbia; but no proof or acknowledgment, R., 435 ; 4 Johns R.,

taken by any such officer, shall entitle a conveyance to be recorded, 162 ;-81 N. unless taken within some place or territory, to which the jurisdiction , .

of the court to which he belongs, shall extend.

(1 R. L., 369, § 1.) Ambassadors, con

5. If the party or parties executing such conveyance, shall be, suls, &c., or reside, in any state or kingdom in Europe, or in North, or South in Europe,

America, the same may be acknowledged or proved before any 34 Hun, 203. minister plenipotentiary, or any minister extraordinary, or any charge

In any

States.

.

&c.

Great Bri.

des affaires, of the United States, resident and accredited within such state or kingdom. If such parties be or reside in France, such conveyance may be acknowledged or proved before the consul of the United States, appointed to reside at Paris; and if such parties be or reside in Russia, such conveyance may be acknowledged or proved before the consul of the United States appointed to reside at St. Petersburgh. [1816, 118.] 6. If the party to such conveyance be, or reside within the Mayors,

consuls, United Kingdom of Great Britain and Ireland or the dominions &c., in thereunto belonging, the same may be acknowledged or proved tain ; 30

, 34 before the mayor or provost or chief magistrate of any city or town Hun, 203. in said kingdom or dominions, or before any consul of the United States appointed to reside at any place in said kingdom or dominions. [Thus amended by L. 1883, ch. 80.] [1 R. L., 370, § 3; L. 1817, 58.]

$ 7. Such proof or acknowledgment, duly certified under the Proofs, hand, and seal of office, of such consuls, or of the said mayors or certified in chief magistrates respectively, or of such minister or chargé des affaires, foreign

countries. shall have the like force and validity, as if the same were taken, before a justice of the supreme court of this state. [L. 1816, 118; 1 R. L., 370 ; L. 1817, 58.]

§ 8. Every such conveyance, heretofore made, or hereafter to be Proofs, made, may be acknowledged.or proved, without the United States, by special before any person specially authorized for that particular purpose, sion Trom by a commission under the seal of the court of chancery of this chancery. state, to be issued to any reputable person residing in, or going to, the country where such proof or acknowledgment is to be taken; and the acknowledgment or proof so taken, shall be of the like force and validity, as if the same were taken before a justice of the supreme court of this state. (L. 1817, 58, 98 1 and 2.)

$ 9. No acknowledgment of any conveyance having been exe- (758) cuted, shall be taken by any officer, unless the officer taking the Requisites same, shall know, or have satisfactory evidence, that the person knowledg. making such acknowledgment, is the individual described in, and 25 Wend., who executed such conveyance. 541; 4 Wend., 563; 2 Cow., 552; 11 Johns. R., 434; 6 Johns. R., 149; 1 Johns. R., 498; 2 T. & C., 87;

08 N. Y., 627; 7 Lans., 6; 19 Hun, 62; id., 577; 10 Daly, 151; 14 Abb. N. C., 451. (1 R. L., 369, $$ 1 and 2.]

§ 10. The acknowledgment of a married woman residing within id., when this state, to a conveyance purporting to be executed by her, shall made by not be taken, unless in addition to the requisites contained in his senten the preceding section, she acknowledge, on a private examina- NY, 15;

20 Barb., tion, apart from her husband, that she executed such conveyance, 371, 17 freely, and without any fear or compulsion of her husband; nor 15 Barb., shall any estate of any such married woman, pass, by any con- Barb., 64; veyance not so acknowledged.

274; 19 Wend.,442; 13 Wend.,

5 Barb., [Abrogated by L. 1879, ch. 249, post. )

268; 10 Paige, 346, 8 Paige, 121; 8 Cow., 283 ; 20 Johns. R., 201; 16 Johns. R., 110 ; 7 Johns. R. 86;'4 Edw.,

73; 12 How. Pr. R., 441; 63 Barb., 71; 4 Bosw., 93; 4 J. & S., 297; 7 Lans., 6; 38 Hun, 404.

227; 2
Barb. Ch.,

Married
women
residing
out of this
state.
2 Bosw.,
494.

subscrib.

ness.

36 N. Y., 435; 2 T. & C., 87; 36

how witnesses to

them. 36 N. Y., 435.

§ 11. When any married woman, not residing in this state, shall join with her husband, in any conveyance of any real estate, situated within this state, the conveyance shall have the same effect as if she were sole; and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole.

[1 R. L., 369, 98 1 and 2.] Proof by $ 12. The proof of the execution of any conveyance, shall be ing wit- made by a subscribing witness thereto, who shall state his own 1 Wend., place of residence, and that he knew the person described in, and Hopk., 267; who executed such conveyance; and such proof shall not be taken, 2 cow,562; unless the officer is personally acquainted with such subscribing 4 , 73;

witness, or has satisfactory evidence that he is the same person who

was a subscribing witness to such instrument. N. Y., 435; 20 Barb., 371; 13 Barb., 54; 8 Barb., 562; 13 Wend., 541; 1 Johns. R., 498; 7 Wend., 366; 2 Wend., 555; 24 Wend., 92; 13 Wend., 541; 90 N. Y., 618, 629.

[1 R. L., 369, $$ 1 and 2.] When and § 13. Upon the application of any grantee, in any conveyance,

his heirs or personal representatives, or of any person claiming under compelled them, verified by the oath of the applicant, that any witness to the concerning conveyance, residing in the county where such application is made,

refuses to appear and testify, touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorised to take the acknowledgment or proof of conveyances, except a commissioner of deeds, may issue a subpæna requiring such witness to appear and testify before such officer touching the

execution of such conveyance. Penalty, § 14. Every person, who being served with such subpæna, shall, refusal to

without reasonable cause, refuse or neglect to appear, or appearing, testify.

shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured, one hundred dollars; and may also be committed to prison by the officer who issued such subpæna,

there to remain without bail, and without the liberties of the jail, [759] until he shall submit to answer upon oath as aforesaid. Certificato § 15. Every officer who shall take the acknowledgment or proof of proof, etc., to be of any conveyance, shall endorse a certificate thereof, signed by endorsed on deed;

himself, on the conveyance; and in such certificate shall set forth the matters herein before required to be done, known or proved, on

such acknowledgment or proof, together with the names of the 371; 13

witnesses examined before such officer, and their places of residence, Barb,61; and the substance of the evidence by them given.

Wend., 92; 13 Wend., 511; 1 Wend , 406 : Hopk., 267; 2 Cow., 552; 4 Edw., 73; 36 N. Y., 435; 2 T. & C., 87; 10 Daly, 151; 14 Abb. N. C., 450; 90 N. Y., 618.

[1 R. L., 369, $3 1 and 2.]

[Sections 16 and 17 repealed by L. 1877, ch. 417.) Certificates § 18. Where any conveyance shall be proved or acknowledged, judges and before any judge of the county courts, not of the degree of counof commis. sioners of

sellor at law, in the supreme court, or before any commissioner of deedenti che deeds appointed for any county or city, it shall not be entitled to be ted in cer. read in evidence, or to be recorded, in any other county than that by county in which such judge or commissioner shall reside, unless in addition 6 N. Y., 422; to the preceding requisites, there shall be subjoined to the certificate 23 Barb.,

of proof or acknowledgment, signed by such judge or commissioner

etc., for

appear to

its contents.

20 Bard.,

8 Barb., 562; 24

veyance.

omission.

a certificate under the hand and official seal of the clerk of the 555, 650; 8 county, in which such judge or commissioner resides, specifying that 14 Abb. N. such judge or commissioner was, at the time of taking such proof or Hún, 2, 38. acknowledgment, duly authorized to take the same, and that the said clerk is well acquainted with the handwriting of such judge or commissioner, and verily believes, that the signature to the said certificate of proof or acknowledgment, is genuine. (L. 1818, 44, 98 5 and 8.]

§ 19. The last section shall not apply to any conveyance executed Last sec. by any agent for the Holland Land Company, or by any agent of hea. the Pulteney estate, lawfully authorized to convey real estate.

4 Barb.,613. $ 20. The certificate of the proof or acknowledgment of every Certificates conveyance, and the certificate of the genuineness of the signature topole of any judge or commissioner, in the cases where such last men- with contioned certificate is required, shall be recorded, together with the

(760) conveyance, so proved or acknowledged; and unless the said certifi- Effect of cates be so recorded, neither the record of such conveyance, nor the 10 Daly transcript thereof, shall be read, or received in evidence.

151; 14 Abb.

N. C., 480. (L. 1818, 44, 95.]

$ 21. All conveyances of real estate, executed since the tenth day Convey. of March, one thousand eight hundred and twenty-five, or hereafter area ber to be executed, by the treasurer of the state of Connecticut, which of Connecshall be acknowledged by him before the secretary of state of the state of Connecticut, and the acknowledgment of which, shall be certified by the said secretary, under the seal of the said state, in the manner herein prescribed, may be recorded in the proper offices within this state, without further proof thereof; and every such conveyance, or the record thereof, or the transcript of such record, duly certified, may be read in evidence, as if such conveyance had been acknowledged before a justice of the supreme court. (L. 1825, 35.]

22. Every conveyance of any real estate within this state, here- This chaptofore executed, and heretofore acknowledged or proved and certi- teremo con fied, in such manner as to be entitled to be read in evidence, or veyances recorded, under the laws now in force, but which has not been so proved, &c. recorded, shall be entitled to be read in evidence, in all courts, and to be recorded in the proper office, in the same manner, and with the like effect, as if this chapter had not been passed.

§ 23. Every such conveyance, not already proved or acknowl- Existing edged, may be proved or acknowledged, in the same manner as con- ces not veyances hereafter executed, and when so proved, acknowledged or 'Duer; 78. recorded, shall have the like effect.

§ 24. Every conveyance entitled by law to be recorded, shall be Order of recorded in the order, and as of the time, when the same shall be dec. delivered to the clerk for that purpose, and shall be considered as % Hun, 570 recorded, from the time of such delivery. [1 R. L., 370 g 5.)

§ 25. The recording officer shall make an entry in the record, Time of reimmediately after the copy of every conveyance recorded, specifying berentered

Duer, 73.

recording,

« AnteriorContinuar »