§ 247. Certified copies may be recorded.-A copy of a record, or of any recorded instrument, certified or authenticated so as to .be entitled to be read in evidence, may be again recorded in any office where the original would be entitled to be recorded. Such record has the same effect as if the original were so recorded. A copy of a conveyance or mortgage affecting separate parcels of real property situated in different counties, or of the record of such conveyance or mortgage in one of such counties, certified or authenticated so as to be entitled to be read in evidence, may be recorded in any county in which any such parcel is situated, with the same effect as if the original instrument authenticated as required by section two hundred and fifty-nine of this chapter were so recorded. [R. S., 2477; L. 1843, ch. 210, § 5, as am. by L. 1893, ch. 182, unchanged in substance.] § 248. Acknowledgments and proofs within the state. The acknowledgment or proof of a conveyance of real property within the state may be made at any place within the state, before a justice of the supreme court; or within the district wherein such officer is authorized to perform official duties, before a judge, clerk, deputy clerk, or special deputy clerk of a court, a notary public, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds. [R. S., 2470, pt. II, ch. 3, § 4, sub. 1, unchanged in substance, except that mayors and recorders are restricted to their respective cities.] § 249. Acknowledgments and proofs in other states.-The acknowledgment or proof of a conveyance of real property, within the state, may be made without the state, but within the United States, before either of the following officers acting within his jurisdiction, or of the court to which he belongs: 1. A judge of the supreme court, of the circuit court of appeals,⚫ of the circuit court, or of the district court of the United States. 2. A judge of the supreme, superior, or circuit court of a state. 3. A mayor of a city. 4. A commissioner appointed for the purpose by the governor of the state. 5. Any officer of a state, authorized by the laws thereof to take the acknowledgment or proof of deeds to be recorded therein. [R. S., 2470, pt. II, ch. 3, § 4, sub. 2, Id., 2478; L. 1848, ch. 195, § 1, Id., 2479; L. 1850, ch, 270, § 1, Id., 3315; L. 1892, ch. 208, § 1, unchanged in substance. See executive L. §§ 87-88.] § 250. Acknowledgments and proofs in foreign countries.— The acknowledgment and proof of a conveyance of real property within the state, may be made without the United States before either of the following officers: 1. An ambassador, a minister plenipotentiary, minister extraordinary, minister resident, or charge des affairs of the United States, residing and accredited within the country. 2. A consul-general, vice-consul general, deputy consul-general, vice-consul or deputy-consul, a consular or vice-consular agent, or a consul or commercial or vice-commercial agent of the United states, residing within the country. 3. A commissioner appointed for the purpose by the governor, and acting within his own jurisdiction. 4. A person specially authorized for that purpose by a commission, under the seal of the supreme court, issued to a reputable person, residing in or going to the country where the acknowledgment or proof is so to be taken. 5. If within the dominion of Canada, it may also be made before any judge of a court of record; or before any officer of such dominion authorized by the laws thereof to take the acknowledgment or proof of deeds to be recorded therein. 6. If within the United Kingdom of Great Britain and Ireland or the dominions thereunto belonging, it may also be made before the mayor, provost or other chief magistrate of a city or town therein. [R. S., 2470, pt. II, ch. 3, §§ 5, 6, 7, 8, as am. by L. 1883, ch. 80, Id., 2476; L. 1829, ch. 222, Id., 2482; L. 1863, ch. 246, as am. by L. 1888, ch. 246, Id., 2483; L. 1870, ch. 208, L. 1893, ch. 123, While this bill was pending in the legislature, another bill passed both houses, giving to a "vice-consul-general or a deputy consul-general" the same power to take acknowledgments as that possessed by a consul-general. The legislature, therefore, amended this section accordingly.] § 251. Acknowledgments and proofs by married women. — The acknowledgment or proof of a conveyance of real property, within the state, or of any other written instrument, may be made by a married woman the same as if unmarried. [R. S., 2471, pt. II, ch. 3, §§ 10, 11, Id., 2487; L. 1879, ch. 249, as am. by L. 1880, ch. 300, § 252. Requisites of acknowledgments. An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument. [R. S., 2471, pt. II, ch. 3, § 9, unchanged in substance.] § 253. Proof by subscribing witness. Where the execution of a conveyance is proved by a subscribing witness, such witness must state his own place of residence, and that he knew the person described in and who executed the conveyance. The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance. [R. S., 2472, pt. II, ch. 3, § 12, -- § 254. Compelling witnesses to testify. On the application of a grantee in a conveyance, his heir or personal representative, or of a person claiming under either of them, verified by the oath of the applicant, stating that a witness to the conveyance, residing in the county where the application is made, refuses to appear and testify concerning its execution, and that such conveyance can not be proved without his testimony, any officer authorized to take, within the state, acknowledgment or proof of conveyance of real property may issue a subpoena, requiring such witness to attend and testify before him concerning the execution of the conveyance. A person who, on being duly served with such a subpoena, without reasonable cause refuses or neglects to attend or refuses to answer under oath concerning the execution of such conveyance, forfeits to the person injured one hundred dollars; and may also be committed to prison by the officer who issued the subpoena, there to remain without bail, and without the liberties of the jail, until he answers under oath as required by this section. [R. S., 2472, pt. II, ch. 3, §§ 13, 14, unchanged in substance, except that the provision excepting commissioners of deeds from the officers who may issue subpoenas has been omitted.] § 255. Certificate of acknowledgment or proof.-An officer tak ing the acknowledgment or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known or proved on the taking of such acknowledgment or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence. [R. S., 2472, pt. II, ch. 3, § 15, § 256. When certificate to state time and place.-Where the acknowledgment or proof is taken by a commissioner appointed by the governor, for a city or county within the United States, and without the state, the certificate must also state the day on which, and the town and county or the city in which, the same was taken. [R. S., 2480; L. 1850, ch. 270, § 5, as am. by L. 1880, ch: 115, unchanged in substance. See Executive L. § 88.] § 257. When certificate must be under seal.-Where a certificate of acknowledgment or proof is made by a commissioner appointed by the governor, or by the mayor or other chief magistrate of a city or town without the United States, or by a minister, charge des affairs, consul-general, vice-consul-general, deputyconsul-general, vice-consul or deputy consul, consular or vice-consular agent, or consul or commercial or vice-commercial agent, of the United States, it must be under his seal of office, or the seal of the consulate to which he is attached. All acknowledgments or proofs of deeds, mortgages or other instruments relating to real property, the certificates of which were made in the form required by the laws of this state, by a consul-general, vice-consul-general, deputy-consul-general, viceconsul, deputy-consul, consular agent, vice-consular agent, consul or commercial agent or vice-commercial agent of the United States prior to the first day of April, eighteen hundred and ninety-six, are confirmed. [R. S., 2471, pt. II, ch. 3, § 7, Id., 2482; L. 1863, ch. 246, §§ 1, 2, Id., 2485; L. 1875, ch. 136, § 1, See note to § 250. The date of April 1, 1896 was also fixed by the bill there referred to.] |