N.Y. Executive Law § 139: Commissioners of deeds within the state

§ 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.