New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-08
THE FRAUDS OF NOTARIES.

THE FRAUDS OF NOTARIES.
A FAULTY SYSTEM TAKEN ADVANTAGE OF
REAL ESTATE TRANSFERRED BY FORGED DEEDS
THROUGH THE CARELEssNEss AND NEGLECT OF
NOTARIEs PUBLIC AND COMMISSIONERS OF DEEDS
THE CAUSE FOUND IN THE LOOSE MANNER on
THEIR APPOINTMENT REDUCTION IN THE NUM-
Der OF THESE OFFICIALS NECEssARY-vIEws OF
REGISTER sIGEL. rf.f
The alleged transfers of real estate by forged
Deeds certified by the careessness and criminal neglect
Of Notaries Public and Commissioners Of Deeds have
become familiar topics Of conversation In business
crces and are causing much uneasness among dealers
In New-York property. Many surmses have been made
the by which these forgeries have been sue
oessfuy carried through From careful inquiry II seems
to be established that these frauds were made possible
by the loose Of appointment Of these officials
their too great number and the fact that many Of
them are in every way incompetent to perform their
duties The chief clerk In the Registers office states
that at least onehrd Of the instruments brought there
recorded not properly certified by the acknow
edgng officer AS many 40 deeds have been discovered
lately be forgeries The signatures Of the notares
and commissioners were genuine, but they admitted
that they had been imposed upon 1t was commonly re-
ported Of certain notares and commissioners that they
would know "iany grantor for Is cents
There are $50 papers recorded daily In the Reg
isters office. which require tho certificate OF commits
soner and about rs more. as nearly as can be ascer
tanned are other counties gentleman OF large
experience in real estate matters states that numerous
disputes In searching and passing titles occasoned
by the want Of proper taking the acknowedg'
ments OF legal papers affecting property He says that
1t Is well known that where the satisfaction piece filed
canceng the mortgage the lien is taken OF the search
The certificate of the notary or commissioner Is the
Registers authority for this action The ACKNOWLEDGING
officer certes that he knows the person to be the one
mentioned in the Should 1t prove that the
paper was a forgery-and such cases are not rare
expensive and long continued litigation follows TO the
great damage OF innocent purchasers.
Mr. Lockman. who has been for many years connected
In business with the law firm OF o. D. and T. DE W.T.
weknown cOnveyancers Ia answer to inquiries on THIS
subject stated that the great bulk OF the business re-
curing the certificates Of nOtaries or commissioners
was done below Canalst In his opinion, $50 acknowl-
edgng officers would be sufficient, possibly smaller
number They should be required to give bonds with
the very stringent penalty. Only persons should be
appointed who were fully conversant with the business
Of convey The present loose mode Oh ackhowi
edgiug the most important law papers had created
much alarm among dealers and greatly injured the real
estate business
TRIBUNE reporter called last week on Mr.. John H.
Riker Of the law firm Of Jonn Ii. & Samuel Rker' aud
converscd with him to these frauds Mr. Riker is
son of the Hon. Richard Rker formerly Recorder OF this
CITY, and often-quoted authority on all questions
relating titles of property. conveyancing ana Incl
dental matters connected herewith Mr.. Riker stated
that In old times the officers taking Acknowledgements
required person introducing the parties to make an
affidavit as to their Identity which seldom done now
Commissioners and nOtaries were accustomed TO take
the word and the appearance Of the parties Rogues
nowadays had very little difficulty in imposing on care
less officers As the law stands. husband ana WIFE,
strangers to the notary commissioner with the VIII
ness also stranger may acknowledge the execution OF
deed on the affidavit OF witness as to the Identity OF
the parties The notary may never have seen any OF the
parties until they appear before him TO execute the
PAPERS The affidavit of witness wholly unknown to
the officer sufficient under the law to authorize him 10
attach his certificate The Register then records the
deed on this certificate and the transfer OF the property
ia accomplished. The commissioner keeps within the
letter Of the law and not choose to take the trouble
to identity the parties fully and wide door is thus LETT
open for fraud.
Mr. Riker also stated that it was believed that many
Of the present Commissioners and Notares were per-
sons without means and regular salary and therefore,
peculiarly exposed to the temptations thrown In their
way by designing persons Previous to 1915 the Masters
IN Chaucery the only persons authorized to take
gments of d0eds, mortgages, &c. ana there
were only ten twelve in the city, These Masters in
Chancery lawyers and persons Of much Importance
Cases chancery frequently referred to them for
trial and settlement Of law questions; but they were
abolished In 1885, and the right TO take Acknowledgements
was withheld from them in 1876 when Commissioners OF
Deeds we're appointed. There not more than 100
Commissioners of Deeds until after s4O Mr. Riker said
that he thought the proper remedy would be found in
radical change IN the present system, ana he would
recommend the following reforms
l. To limit the number of Commissioners OF Deeds to
ffty g. To appoint only wellknOwn persons Of recOg
nized good character and proper qualifications. 8. To
vest the appointing In the Justices OF the Supreme
Court L. To require q statement Of the work OF each
Commissioned to be filed regularly In public office.
To repeal the law passed In 1889 giving Notsrles the
same powers as Commissioners Of Deeds This would
conne them to discharge Of their legitimate duties
IA Notaries and to other official acts connected with
banking and commerce
The mau point Mr.. Riker considered to limit the
number of officers authorized to take Acknowledgements,
80 that they would follow strictly II not exclusively
as business aud be we'll known in the community.
The smaller the number Of commissioners the more
careful they would be in order to keep their
customers There some lawyers OF good character
and position with little II any practice and other per-
sons known 20 the judges, not lawyers but OF SEMI
professional standing. who would make good commits
sioners of deeds He was satisfied that limited
Der of these officers honest aud careful would realize
handsome living. He believed the courts should name
these commissioners because they had to pass upon all
disputed questions finally. and it would give the judges
certain oversight and control Of these officers He
also thought that when mortgages were paid on they
should be deposited with the Register additional
protection to the owners OF property Ety. and court
long conversation with TRIBUNE reporter made the