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607, and L.

nineteen hundred and fifteen and chapter one hundred and 1915, ch ninety of the laws of nineteen hundred and sixteen, is hereby 1916, ch. amended to read as follows:

IDEM; COMMISSIONERS OF DEEDS; APPOINTMENTS; TERM; REMOVAL
FROM OFFICE.

58. The board of aldermen is hereby authorized and is empowered to appoint commissioners of deeds from time to time, who shall hold their offices for two years from the date of their appointment; but no person shall be appointed a commissioner of deeds except an attorney-at-law unless such person shall have submitted with his application proof of his ability to perform the duties of the office. Applicants serving clerkships in the office of attorneys, and whose clerkship certificate is on file with the proper officials, shall submit an affidavit to that effect. Other employees of attorneys shall submit an affidavit sworn to by a member of the firm of such attorneys that the applicant is a proper and competent person to perform the duties of a commissioner of deeds. Every other applicant shall furnish a certificate of the city clerk stating that he has examined the applicant and believes such applicant to be competent to perform the duties of a commissioner of deeds. The fee for issuing such certificate shall be fifty cents;1 such appointment shall not require the approval of the mayor, and hereafter, at the time of subscribing or filing the oath of office the city clerk shall collect from each person appointed a commissioner of deeds the sum of seven dollars and fifty cents, and he shall not administer or file said oath unless said fee has been paid. The city clerk shall appoint an officer, to be known as commissioner of deeds clerk, whose duties shall be to enter the name of commissioners of deeds appointed, in a book kept for that purpose, make out certificates of appointment and to discharge such other duties as the city clerk may designate. Said commissioner of deeds clerk shall receive a salary at the rate of twelve hundred dollars per annum, payable monthly. Any person hereafter appointed to the office of commissioner of deeds in and for the city of New York by the board of aldermen, before entering upon the discharge of the duties of said office and within thirty days after such appointment, shall take and subscribe before the commissioner of deeds clerk, in the office of the city clerk, the following oath of office: that the appli

1 Words "but no person Formerly "five dollars."

such certificate shall be fifty cents," new.

190,

amended.

cant is a citizen of the United States and of the state of New York, and a resident of the city of New York and the county of (naming the county); that he will support the constitution of the United States and the constitution of the state of New York, and faithfully discharge the duties of the office of commissioner of deeds. Any commissioner of deeds who may remove from the city of New York during his term of office is hereby required to notify the city clerk of such removal, and immediately upon the receipt of such notice of removal the city clerk shall cause the name of such commissioner to be stricken from the roll of commissioners of deeds of said city. Any person appointed to the office of commissioner of deeds under the provisions of this section upon qualifying as above provided, may administer oaths and take acknowledgments or proofs of deeds and other instruments in any part of the city of New York. A commissioner of deeds may file his autograph signature and certificate of appointment in the office of any county clerk and in the office of any register in said city: and the city clerk upon the request of any commissioner appointed under the provisions of this act and upon payment of twenty-five cents for each certificate, must make and deliver to said commissioner such number of certificates as said commissioner may require. The said certificates shall be issued under the hand and official seal of the city clerk, showing the appointment and term of office of such commissioner and stating the county in which he resides, which certificates may be filed in the offices of the several county clerks and in the offices of the registers in said city, upon payment of twenty-five cents in each office for filing. The clerks of the counties of New York, Kings, Queens, Richmond and Bronx and the registers of the counties of New York, Kings, and Bronx, shall each keep a book in which shall be registered the signature of the commissioners so filing such certificates; and the county clerk of any county in said city with whom such commissioner has filed a certificate of appointment shall upon demand and upon payment of the sum of twenty-five cents, authenticate a certificate of acknowledgment or proof or oath taken before such commissioner of deeds, without regard to the county in said city in which said acknowledgment or proof was taken or oath administered, by subjoining or attaching to the original certificate of acknowledgment or proof or oath, a certificate under his hand and official seal specifying that at the time of taking the acknowledgment or proof, 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 to the original certificate with that deposited in his office by such officer, and that he verily believes the signature to the original certificate is genuine, and if the original certificate is required to be under seal, he must also certify that he has compared the impression of the seal affixed thereto with the impression of the seal of the officer who took the acknowledgment or proof deposited in his office, and that he verily believes the impression of the seal upon the original certificate to be genuine. Any instrument or paper proved or acknowledged before a commissioner of deeds within the city of New York and certified as hereinbefore provided, by the clerk of any county within said city with whom such commissioner has filed his autograph signature and certificate of appointment, 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. A commissioner of deeds must affix to each instrument acknowledged or proved, in addition to his signature, the date when his term expires, and his official numbers as given to him by the clerks of the counties with whom he has filed his certificate of appointment, and if the instrument is to be recorded in the office of a register in the city of New York with whom such commissioner has filed his certificate, and received an official number from such register, he must also affix that number to said instrument. The term of office of every commissioner of deeds who, on the first day of May, eighteen hundred and ninetyeight, shall be holding over after a term of two years, shall then cease. The mayor of the city of New York may remove any commissioner of deeds appointed under the provisions of this section for cause shown; but no such commissioner shall be removed until charges have been duly made against him to the said mayor and the said commissioner shall have had an opportunity to answer the same. At any proceedings held before the said mayor for the removal of such commissioner of deeds, the said mayor shall have power to subpoena witnesses and to compel the attendance of the

cant is a citizen of the United States and of the state of New York, and a resident of the city of New York and the county of (naming the county); that he will support the constitution of the United States and the constitution of the state of New York, and faithfully discharge the duties of the office of commissioner of deeds. Any commissioner of deeds who may remove from the city of New York during his term of office is hereby required to notify the city clerk of such removal, and immediately upon the receipt of such notice of removal the city clerk shall cause the name of such commissioner to be stricken from the roll of commissioners of deeds of said city. Any person appointed to the office of commissioner of deeds under the provisions of this section upon qualifying as above provided, may administer oaths and take acknowledgments or proofs of deeds and other instruments in any part of the city of New York. A commissioner of deeds may file his autograph signature and certificate of appointment in the office of any county clerk and in the office of any register in said city: and the city clerk upon the request of any commissioner appointed under the provisions of this act and upon payment of twenty-five cents for each certificate, must make and deliver to said commissioner such number of certificates as said commissioner may require. The said certificates shall be issued under the hand and official seal of the city clerk, showing the appointment and term of office of such commissioner and stating the county in which he resides, which certificates may be filed in the offices of the several county clerks and in the offices of the registers in said city, upon payment of twenty-five cents in each office for filing. The clerks of the counties of New York, Kings, Queens, Richmond and Bronx and the registers of the counties of New York, Kings, and Bronx, shall each keep a book in which shall be registered the signature of the commissioners so filing such certificates; and the county clerk of any county in said city with whom such commissioner has filed a certificate of appointment shall upon demand and upon payment of the sum of twenty-five cents, authenticate a certificate of acknowledgment or proof or oath taken before such commissioner of deeds, without regard to the county in said city in which said acknowledgment or proof was taken or oath administered, by subjoining or attaching to the original certificate of acknowledgment or proof or oath, a certificate under his hand and official seal specifying that at the time of taking the acknowledgment or proof, 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 to the original certificate with that deposited in his office by such officer, and that he verily believes the signature to the original certificate is genuine, and if the original certificate is required to be under seal, he must also certify that he has compared the impression of the seal affixed thereto with the impression of the seal of the officer who took the acknowledgment or proof deposited in his office, and that he verily believes the impression of the seal upon the original certificate to be genuine. Any instrument or paper proved or acknowledged before a commissioner of deeds within the city of New York and certified as hereinbefore provided, by the clerk of any county within said city with whom such commissioner has filed his autograph signature and certificate of appointment, 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. A commissioner of deeds must affix to each instrument acknowledged or proved, in addition to his signature, the date when his term expires, and his official numbers as given to him by the clerks of the counties with whom he has filed his certificate of appointment, and if the instrument is to be recorded in the office of a register in the city of New York with whom such commissioner has filed his certificate, and received an official number from such register, he must also affix that number to said instrument. The term of office of every commissioner of deeds who, on the first day of May, eighteen hundred and ninetyeight, shall be holding over after a term of two years, shall then cease. The mayor of the city of New York may remove any commissioner of deeds appointed under the provisions of this section for cause shown; but no such commissioner shall be removed until charges have been duly made against him to the said mayor and the said commissioner shall have had an opportunity to answer the same. At any proceedings held before the said mayor for the removal of such commissioner of deeds, the said mayor shall have power to subpoena witnesses and to compel the attendance of the

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