NEW YORK. -Within the state; before a justice of the supreme court, a county judge, surrogate, mayor, or recorder of a city, justice of the peace of a town, commissioner of deeds for a city or county, or notary publio. 1 Rev. Stat. 756, 4; Laws of 1840, 187, c. 238; Laws of 1859, 869, c. 360.
Without the state, but within the United States; before a judge of the United States supreme or dis triot courts, or of the supreme, superior, or circuit court of any state or territory, or before a judge of the United States circuit court in the District of Columbia: but such acknowledgment must be taken at a place within the jurisdiction of such officer. Or before the mayor of any city; or before a New York commissioner, but the oertificate of a New York commissioner must be accompanied by the certificate of the secretary of state of the state of New York, attesting the existence of the officer and the genuineness of his signature, and such commis sioner can only not within the city or county in which he resided at the time of his appointment 1 Rev. Stat. 757, 4, subd. 2; Laws of 1845, 89, I c. 109; Laws of 1850, 582, o. 270; am'd 2 Laws of 1857, 756, c. 788.
When made by any person residing out of the state, and within the United States, it may be made before any officer of the state or territory where made, authorized by its laws to take proof or ac knowledgment; but no such acknowledgment is valid, unless the officer taking the same knows, or has satisfactory evidenoe, that the person making it is the individual described in and who executed the instrument. And there must be subjoined to the certificate of proof or, acknowledgment a cer tificate under the name and official seal of the clerk and register, recorder, or prothonotary of the county in which suoh officer resides, or of the oounty or district court or court of common pleas thereof, specifying that such officer was, at the time of taking such proof or acknowledgment, duly author ized to take the same, and that such clerk, regis ter, recorder, or prothonotary, is well acquainted with the handwriting of such officer, and verily be lieves his signature genuine. Laws of 1848, o. 195, as amended by Laws of 1856, c. 61, 2.
Without the United States; when the party is in other parts of America, or in Europe, before a minister plenipotentiary, or minister extraordinary, or charge d'affaires of the United States, resident and accredited there, or before any United States consul, resident in any port or country, or before a judge of the highest court in Upper or Lower Canada. In the British dominions, before the Lord Mayor of London, or chief magistrate of Dublin, Edinburgh, or Liverpool. 1 Rev. Stat. 759, 6;
Laws of 1829, 348, c. 222.
Acknowledgment may be made before a person specially authorized by the supreme court of the state, by a commission issued for the purpose. 1 Rev. Stat. 757, 8.
The governor of New York is also authorized to appoint commissioners of deeds, not exceeding three In each, for the following cities : London, Liverpool, Glasgow, Paris, and Marseilles. Laws of 1858, 498, y.308,1.
No acknowledgment is to be taken unless the officer knows, or has satisfactory evidence, that the person making such acknowledgment is the indi vidual described in and who executed such convey ance. 1 Rev. Stat. 758, 9.
An acknowledgment of a married woman resid ing within this state is void, unless she acknow ledge, on a private examination apart from her husband, that she executed such oonveyance freely, and without any fear or compulsion of her hue band. 1 Rev. Stat. 758, 10.
An acknowledgment or proof of conveyance by a non-resident married woman joining with her hue band, may be made as if she were sole. 1 1107. Stat. 758, 11.
Where a married woman conveys her real estate acquired since the act of April 7, 1848, relating to the separate property of married women, it is held, that the deed may be drawn, executed, and acknow ledged in the same manner as if she were unmade, rind, and no private examination is necessary. 17 Barb. N. Y. 660.
Proof of execution may be made by a subscribing witness, who shall state his own place of residence,• and that he knew the person described in and who executed such conveyance ; and such proof shall not be taken unless the officer is personally ac quainted with such subscribing witness, or has satisfactory evidence that he is the same person who was esubscribing witness to snob instrument. 1 Rev. Stat. 758, 12.
The officer must endorse a certificate of the ac knowledgment or proof, signed by himself, on the conveyance; and in such certificate shall set forth the matters required to be done, known, or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the sub stance of the evidence by them given. 1 Rev. Stat. 759, 15.
The certificate of a New York commissioner ap pointed in another state must be under his seal of office, and is wholly void unless It specifies the day on which, or [and 7] the city or town in which, it was taken. Laws of 1850, 582, c. 270, n 2, 5.