New York Laws
Article 6 - Department of State
140 - Commissioners of Deeds in the City of New York.

§ 140. Commissioners of deeds in the city of New York. 1. The council
of the city of New York is hereby authorized and is empowered to appoint
commissioners of deeds in such city from time to time, who shall hold
their offices for two years from the date of their appointment.

2. 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 offices 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 of such city stating that he has examined the
applicant and believes such applicant to be competent to perform the
duties of a commissioner of deeds; provided, however, that where a
commissioner of deeds applies, before the expiration of his term, for a
reappointment or where a person whose term as commissioner of deeds
shall have expired applies within six months after such expiration for
appointment as a commissioner of deeds, such examination shall not be
required. Upon any such application for such renewal the city clerk
shall furnish the applicant with a certificate stating that the
applicant has theretofore qualified for appointment and indicate the
date of the applicant's original appointment thereon. The fee for
issuing each such certificate shall be fifty cents.

3. 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 twenty-five dollars, and he shall not administer or
file such oath unless such fee has been paid.

4. The city clerk shall designate a commissioner of deeds clerk, whose
duties shall be to enter the names of commissioners of deeds appointed
in a book kept for that purpose, make out certificates of appointment
and discharge such other duties as the city clerk may designate.

5. Any person hereafter appointed to the office of commissioner of
deeds in and for the city of New York by the council, before entering
upon the discharge of the duties of such 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 or before any person
authorized to administer oaths the following oath of office: that the
applicant is a citizen of the United States, and a resident of the state
of New York, 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. A person regularly
admitted to practice as an attorney and counsellor in the courts of
record of this state, whose office for the practice of law is within the
city of New York, may be appointed a commissioner of deeds in and for
the city of New York and may retain his office as such commissioner of
deeds although he resides in or removes to another city in this state or
to an adjoining state. For the purposes of this and the following
sections of this article such person shall be deemed a resident of the
county where he maintains such office.

5-a. A person regularly admitted to practice as an attorney and
counsellor in the courts of record of this state, whose office for the
practice of law is within the city of New York, may be appointed a
commissioner of deeds in and for the city of New York and may retain his
office as such commissioner of deeds although he resides in or removes

to any other county in this state or to an adjoining state. For the
purposes of this article such person shall be deemed a resident of the
county where he maintains such office.

6. Any commissioner of deeds who may remove from the city of New York
during his term of office vacates his office and 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
the city.

7. 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.

8. A commissioner of deeds may file his autograph signature and
certificate of appointment in the office of any county clerk in the
city; and the city clerk, 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 such commissioner may require. Such
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 office of the several county clerks in
the city upon payment of one dollar in each office for filing.

9. The clerks of the counties of New York, Kings, Queens, Richmond and
Bronx shall each keep a book or card index file in which shall be
registered the signature of the commissioners so filing such
certificates; and the county clerk of any county in the city with whom
such commissioner has filed a certificate of appointment 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, without regard to the county in the city in which
such acknowlgment 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 or 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, proof or oath with the
autograph signature deposited in his office by such officer, and that he
verily believes the signature is genuine.

10. Any instrument or paper sworn to, proved or acknowledged before a
commissioner of deeds within the city of New York and authenticated as
hereinbefore provided by the clerk of any county within the 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 or read in evidence in any office of the county clerks within
the city of New York or the office of the register of the city of New
York.

11. A commissioner of deeds must affix, in black ink, to each
instrument sworn to, acknowledged or proved, in addition to his
signature, the date when his term expires and his official number as
given to him by the city clerk, and must print, typewrite or stamp his
name in black ink beneath his signature.


12. 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 mayor and the commissioner shall have had an
opportunity to answer the same. At any proceedings held before the mayor
for the removal of such commissioner of deeds the mayor shall have power
to subpoena witnesses and to compel the attendance of the same, and to
administer oaths, and to compel the production of books and papers, and
upon the termination of such proceedings shall make his decision thereon
in writing, and cause the same to be filed in the office of the city
clerk of the city of New York, provided, however, that the mayor may,
whenever a hearing is granted by him on complaint against a commissioner
of deeds, designate an assistant corporation counsel to preside who
shall have power to subpoena witnesses and to compel the attendance of
the same, administer oaths, compel the production of books and papers
and receive exhibits; such assistant shall, upon the termination of such
proceedings, certify a copy of the stenographer's minutes of such
hearing and such exhibits as may be received in evidence, together with
his recommendations on the issues presented, whereupon the mayor shall
render a decision on all matters presented on such hearing.

13. In case such commissioner shall be removed from office the city
clerk, immediately upon the receipt by him of the order of removal
signed by the mayor, shall cause the name of such commissioner so
removed to be stricken from the roll of commissioners of deeds of the
city.

14. No person who has been removed from office as a commissioner of
deeds for the city of New York, as hereinbefore provided, shall
thereafter be eligible again to be appointed as such commissioner nor,
shall he be eligible thereafter to appointment to the office of notary
public.

15. Any person who has been removed from office as aforesaid, who
shall, after knowledge of such removal, sign or execute any instrument
as a commissioner of deeds or notary public shall be deemed guilty of a
misdemeanor.

16. In case of the removal for cause, or removal from the city or
resignation of a commissioner of deeds, the city clerk shall immediately
notify each county clerk and the register of the city of New York of
such removal or resignation.

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