Powers of such commissioners

§ 142. Powers of such commissioners. Every such commissioner shall
have authority, within the city, county, municipality or other political
subdivision for which he is appointed, and in the manner in which such
acts are performed by authorized officers within the state:

1. To take the acknowledgment or proof of the execution of a written
instrument, except a bill of exchange, promissory note or will, to be
read in evidence or recorded in this state.

2. To administer oaths.

3. If such commissioner is also an attorney at law regularly admitted
to practice in this state, in his discretion, to the extent authorized
by this section, to administer an oath to or take the acknowledgment of
or proof of the execution of an instrument by his client with respect to
any matter, claim, action or proceeding.

4. If appointed for a foreign country, to certify to the existence of
a patent, record or other document recorded in a public office or under
official custody in such foreign country, and to the correctness of a
copy of such patent, record or document, or to the correctness of a copy
of a certified copy of such patent, record or other document, which has
been certified according to the form in use in such foreign country.

5. A written instrument acknowledged or proved, an oath administered,
or a copy or a copy of a certified copy of a patent, record or other
document certified, as heretofore provided in this section, may be read
in evidence or recorded within this state, the same as if taken,
administered or certified within the state before an officer authorized
to take the acknowledgment or proof of a written instrument, to
administer oaths, or to certify to the correctness of a public record,
if there shall be annexed or subjoined thereto, or indorsed thereon a
certificate of the commissioner before whom such acknowledgment or proof
was taken, by whom the oath was administered, or by whom the correctness
of such copy is certified, under his hand and official seal. Such
certificate shall specify the day on which, and the city or other
political subdivision, and the state or country or other place in which,
the acknowledgment or proof was taken, or the oath administered, without
which specification the certificate shall be void. Except as provided in
subdivision five of this section, such certificate shall be
authenticated by the certificate of the secretary of state annexed or
subjoined to the certificate of such commissioner, that such
commissioner was, at the time of taking such acknowledgment or proof, of
administering such oath, or of certifying to such patent record or
document, or copy thereof, duly authorized therefor, that he is
acquainted with the handwriting of such commissioner, or has compared
the signature upon the certificate with the signature of such
commissioner deposited in his office, that he has compared the
impression of the seal affixed to such certificate with the impression
of the seal of such commissioner deposited in his office, and that he
believes the signature and the impression of the seal upon such
certificate to be genuine. The certificate of a commissioner as to the
correctness of a copy of a certified copy of a patent, record or other
document, as provided by this section, shall be presumptive evidence
that it was certified according to the form in use in such foreign
country.

6. A commissioner of deeds appointed pursuant to the preceding section
may during his term of office procure from the secretary of state, on
payment to him of a fee of two dollars, a certificate of his
appointment, prescribed by the secretary of state, stating among other
things, the date of his appointment, the date of expiration thereof and
the city, county, municipality or other political subdivision for which
he is appointed, and containing the signature of the commissioner in his
own handwriting and his official seal, and certifying that he has
compared the signature on such certificate with the signature of such
commissioner deposited in his office, that he has compared the
impression of the seal affixed to such certificate with the impression
of the seal of such commissioner deposited in his office and that he
believes the signature and the impression of the seal upon such
certificate to be genuine. Such a certificate may be filed by such
commissioner in the office of any county clerk or register in the state
upon the payment to such county clerk or register of a fee of two
dollars. Upon the filing of such certificate in the office of a county
clerk or register in this state, a written instrument acknowledged or
proved, an oath administered, or a copy or copy of a certified copy of a
patent, record or other document certified, by a commissioner pursuant
to this section, shall be entitled to be read in evidence and shall be
accepted for filing or recording and filed or recorded, as the case may
be, in the office of such county clerk or register, on tender or payment
of the lawful fees therefor, without having annexed or subjoined to the
certificate of such commissioner contained thereon the authenticating
certificate of the secretary of state as required by subdivision five of
this section or by subdivision one of section three hundred eleven of
the real property law or by any other provision of law.