CHAPTER III.

COMMISSIONERS OF DEEDS.

SECTION 340.

How appointed, and their tenure of office. 341. Their powers and duties.

§ 340. Commissioners of deeds are appointed in counties or cities, in pursuance of special statutes, and the tenure of their offices is provided for in the same

manner.

§ 341. A commissioner of deeds has power, in the county or city in which he is appointed, and in no other place, to take and certify,

1. The proof or acknowledgment of a conveyance o real property, or of any other written instrument:

2. The acknowledgment of satisfaction of a judgment in any court, including a judgment of a justice's court, or of the marine court of the city of New-York, when a transcript thereof has been filed with a county clerk:

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3. An affidavit to bejused in any court of justice of this state: and

4. To exercise any other power, and perform any other duty conferred or imposed upon him by this code, or by other statutes.

CHAPTER IV.

COMMISSIONERS TO TAKE AFFIDAVITS, AND THE PROOF AND ACKNOWLEDGMENT OF DEEDS, OUT OF THIS STATE.

SECTION 342. How appointed, their tenure of office, powers and duties. 343. Oath of office, and how filed.

§ 342. The governor may appoint as many commissioners, in each of the other states, or in a territory of the United States, or in the District of Columbia, as he may deem expedient, who shall hold their offices for three years, and may in the state, territory or district for which they are appointed, and in no other place, take and certify,

1. The proof or acknowledgment of a conveyance of real property, or of any other written instrument:

2. The acknowledgment of satisfaction of a judgment in any court, including a judgment of a justice's court, or of the marine court of the city of New-York, when a transcript thereof has been filed with a county clerk:

3. An affidavit to be used in any court of justice of this state: and

4. To exercise any other power, and perform any other duty conferred or imposed upon them by this code, or by other statutes.

§ 343. A commissioner appointed under the last section must, before he can exercise the powers therein

conferred, take and subscribe an oath before a judicial officer in the county or city where he resides, faithfully to perform the duties of the office of a commissioner to take affidavits and the proof and acknowledgment of deeds out of this state, according to the laws thereof; and must file the oath in the office of the secretary of this state.

SECTION 344. His election or appointment.

345. His compensation.

346. How removed from office.

347. His general powers and duties.

348. Can commence one action only, on mortgages or contracts, against

the same person.

349. If separate actions commenced against several, on same contract, how consolidated,

350. Must pay moneys received, into the treasury.

351. In what cases he cannot act as attorney or counsel, in a civil action. 352. Must keep a register and deliver it to his successor.

353. Must keep a record of the statistics of litigation.

354. Must prepare and transmit blank forms, and compile, annually, statistics required in last section.

§ 344. The attorney general is elected by the electors of the state, for two years, or, when his office becomes vacant, is appointed, in the manner prescribed by the constitution and by special statutes.

§ 345. He receives for his services, a compensation established by special statutes, which cannot be increased or diminished during his continuance in office, and is prohibited from receiving to his own use, any fees or perquisites of office or other compensation.

§ 346. He may be removed from office by the court for the trial of impeachments, upon an impeachment by the assembly, for wilful and corrupt misconduct in office.

§ 347. The attorney general has power and it is his duty,

1. To prosecute and defend all civil actions or special proceedings of a civil nature, to which the people of this state are a party, or in which they are interested:

2. To collect, if possible, costs adjudged to the people of this state, in an action prosecuted by him, to which they are a party or in which they are interested, and when collected, to pay them into the state treasury, deducting his legal disbursements in the prosecution or defence of the action:

3. Upon the requisition of the comptroller, or the state engineer and surveyor, to prepare the draft of a contract, obligation or other instrument required for the use of the state:

4. Upon the requisition of the governor, to attend a court of oyer and terminer or sessions, for the purpose

of conducting a criminal action prosecuted by the people of this state:

5. Upon the requisition of the governor, the secretary of state, the comptroller, the treasurer, or the state engineer and surveyor, to prosecute a person charged with the commission of a public offence, in violation of statutes which either of those officers is specially required to execute, or in relation to matters connected with the department of either of them:

6. To cause a person indicted for corrupting, or attempting to corrupt a member, or a member elect of the legislature, or a commissioner of the land office, or for an offence against the statutes for the prevention of duelling, to be brought to trial without delay; and to attend in person to the discharge of this duty:

7. When he ascertains that real property, mortgaged to the people of this state is encumbered by prior mortges or judgments, to discharge those liens and take an assignment thereof to the people, with the consent of the comptroller; and to receive the necessary moneys for this purpose, out of the state treasury:

8. With the consent of the comptroller, to redeem, in the manner provided in this code, real property mortgaged to the people of this state, or purchased for them on the foreclosure of a mortgage, when sold upon a prior judgment: