§ 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.