dliu1/legal-llama-raw-text huggingface dataset:
administrator shall have been appointed, provided that two  years  shall
have  elapsed  since  the date of death of such intestate. A certificate
executed by such distributees shall recite the  date  of  death  of  the
intestate, his place of residence at the time of death, the fact that he
died  intestate,  that no administrator has been appointed and that they
constitute all the distributees of the intestate.
6. The provisions of this section authorizing the recording officer to
mark on the record of a mortgage the  word  discharged  shall  not  be
deemed   to  enlarge,  diminish  or  alter  the  legal  effect  which  a
certificate executed by any person or persons, or any  payment  made  by
the  mortgagor  or other transaction with respect to the mortgage or the
mortgage debt, would otherwise have upon the rights of the mortgagor  or
of any person claiming a right or interest in the mortgage, the mortgage
debt or the property subject to the mortgage.
7. In a county in which recording is accomplished by microfilm process
and  in  which a block index of mortgages is also maintained it will not
be necessary to mark the record of the  mortgage  discharged,  but  it
will  be  deemed  sufficient  compliance  with  this section if there is
entered upon the block index of such mortgage the date of filing and the
serial number of the certificate effecting the discharge.
7-a. If in any county, recording is accomplished by microfilm  process
and  a  separate  index  for  satisfactions recorded is maintained or in
which a block index of mortgages is  also  maintained  it  will  not  be
necessary  to  mark the record of the mortgage discharged, but it will
be deemed sufficient compliance with this section if  there  is  entered
upon the index of such mortgage the date of filing and the serial number
of the certificate effecting the discharge.
8.  Certificates  of  discharge  of mortgage and certificates of their
acknowledgment or proof heretofore or hereafter recorded and filed,  may
be  returned  personally or by mail to the party leaving same for record
or destroyed after microfilming or photostating where proper indices are
Maintained.
§ 321-a. Recording discharge of rent assignment. An assignment of rent
to accrue from real property, heretofore recorded, or hereafter recorded
pursuant  to  section two hundred ninety-four-a of this chapter, must be
discharged upon the record  thereof,  by  the  recording  officer,  upon
presentation  to  him of a certificate signed by the assignee, or by his
personal representative or his assignee, and acknowledged or proved  and
certified  in  like  manner  to  entitle  a  conveyance  to be recorded,
specifying that the obligation secured by the  assignment  of  rent  has
been  satisfied  or  discharged,  or  that  the  assignment  of  rent is
canceled. When so signed and acknowledged or proved and certified,  such
certificate  may  be recorded, and such certificate, the record thereof,
and a certified copy of such record may be introduced in evidence in all
courts of this state. The certificate of discharge, and the certificates
of its acknowledgment or proof,  must  be  recorded  and  filed;  and  a
reference  must  be  made to the book and page containing such record in
the minute of the discharge of such assignment  of  rent,  made  by  the
officer upon the record thereof.  After such discharge has been recorded
the  recording  officer  shall  make  and deliver to the person in whose
interest such discharge of assignment of rent is executed and  recorded,
his  certificate  setting  forth the names of the assignor and assignee,
the liber and page at which, the time when such assignment of  rent  was
recorded,  and  the  date on which said assignment of rent was satisfied
and discharged.
§ 324. Effect of recording assignment of mortgage. The recording of an
assignment of a mortgage is not in itself a notice of such assignment to
a  mortgagor,  his  heirs or personal representatives, or to an owner of
the mortgaged premises where such assignment is recorded  subsequent  to
the recording of the conveyance of such premises to such owner, so as to
invalidate  a  payment  made  by either of them to the mortgagee or to a
prior assignee of the mortgage.
§  325.  Recording  of conveyances made by treasurer of Connecticut. A
conveyance of real property, executed at any time since the tenth day of
March, eighteen hundred and twenty-five, by the treasurer of  the  state
of  Connecticut,  acknowledged  by  him before the secretary of state of
such state, and  the  acknowledgment  of  which  is  certified  by  such
secretary  of state under the seal of such state, in the manner required
for the acknowledgment and certification of  a  conveyance  within  this
state,  may  be recorded in the proper office within this state, without
further proof thereof.
§  326.  Revocation  to  be  recorded.  A  power  of attorney or other
instrument, recorded pursuant to this article, is not deemed revoked  by
any  act  of  the  party  by whom it was executed, unless the instrument
containing such revocation is also recorded in the same office in  which
the instrument containing the power was recorded.
§  327.  Penalty  for  using  long  forms  of covenants. The recording
officer of any county may charge for  the  recording  of  an  instrument
containing  any  of  the  covenants mentioned in section two hundred and
fifty-three and two hundred and fifty-four of this  chapter,  at  large,
instead  of the short forms thereof, in said sections contained, the sum
of five dollars in addition to the  fees  chargeable  by  law  for  such
§  328.  Certain  acts not affected. Nothing contained in this article
repeals  or  affects  any  act  providing  for  recording  and  indexing
instruments  affecting  real property in the city of New York, according
to city blocks or other limited areas.
§  329.  Actions  to  have  certain instruments canceled of record. An
owner of real property or of any  undivided  part  thereof  or  interest
therein  or  an  owner  of  rent  to accrue from a tenancy or subtenancy
thereof, may maintain an action  to  have  any  recorded  instrument  in
writing  relating  to such real property or interest therein, other than
those required by law to be recorded, or any recorded assignment of rent
to accrue from a tenancy or subtenancy  of  such  property  or  interest
therein declared void or invalid, or to have the same canceled of record
as  to  said  real  property,  or his undivided part thereof or interest
therein, or as to the rent to accrue therefrom belonging to him.
§ 329-a. Lapse of oil and gas interest within Allegany state park. The
provisions  of  this  section  shall apply to oil and gas interests that
were previously severed from interests in lands that are currently owned
by the state within Allegany state park.
1. Any interest in oil and gas shall, if unused for a period of twenty
years immediately prior to  the  effective  date  of  this  section,  be
extinguished,  and  the  ownership  thereof  shall  revert to the state,
unless a statement  of  claim  is  filed  within  two  years  after  the
effective  date  of this section, in accordance with subdivision five of
2. Such oil and gas interest shall mean the interest which is  created
by   an   instrument  transferring,  either  by  grant,  assignment,  or
reservation or otherwise, an interest  of  any  kind,  in  oil  and  gas
located  on  or  beneath  lands owned by the state within Allegany state
park; provided, however, that such interest shall not  include  a  lease
for a fixed term.
3.  Such oil and gas interest shall be deemed to be used when: (a) oil
and gas is produced; (b) operations are being conducted  for  injection,
withdrawal, storage or disposal of water, gas or other fluid substances;
(c)  rentals  or  royalties  are being paid by the owner thereof for the
purpose of delaying or enjoying the use or exercise of such rights;  (d)
any  such  use is being carried out on any tract with which such oil and
gas interest is being unitized or pooled for production purposes; or (e)
taxes are paid on such oil and gas interest by the  owner  thereof.  Any
use  pursuant  to  or authorized by the instrument creating such oil and
gas interest shall be effective to continue in force all rights  granted
by such instrument.
4.  Within  thirty  days after the effective date of this section, the
office of parks, recreation and historic preservation shall cause to  be
published  in  three  successive  issues  of three newspapers of general
circulation published in the county of Cattaraugus, a notice  announcing
the  enactment  of  the  provisions of this section, including a summary
thereof in plain English.
5. The statement of claim provided in subdivision one of this  section
shall  be  filed  by  the  owner of such oil and gas interest within two
years immediately following the effective date of this section and shall
contain the  name  and  address  of  the  owner  of  such  interest  and
description  of  the land on or under which such oil and gas interest is
located. Such statement of claim shall be accompanied by a copy  of  the
instrument creating or reserving such interest and shall be filed in the
office of the clerk of the county of Cattaraugus. Where such an interest
is co-owned by more than one party, any one owner may file the statement
of claim on behalf of all owners.
6.  Failure  to  file a statement of claim within the time provided in
subdivision five of this section shall not cause an oil and gas interest
to be extinguished if the owner of such oil and gas interest:
(a) made diligent effort to preserve all of such interests as were not
being used, and did within the period provided in  subdivision  five  of
this  section  preserve  other oil and gas interests, in said county, by
the filing of statements of claim as required by this section; and
(b) failed to preserve such interest through inadvertence; and
(c) filed the statement of claim required by this section within sixty
days after publication of notice as provided  in  subdivision  seven  of
this section or, if no such notice is published, within sixty days after
receiving  actual  knowledge  that  such  oil  and gas interest had been
extinguished.
7. At any time following the expiration  of  the  period  provided  in
subdivision  five  of  this section, the office of parks, recreation and
historic preservation may give notice of the lapse of any such  oil  and
gas   interest  by  publishing  the  same  in  a  newspaper  of  general
circulation in the county of Cattaraugus, and, if the  address  of  such
oil  and gas interest owner is shown of record or can be determined upon
reasonable inquiry, by mailing within ten days after such publication  a
copy  of  such  notice  to  the  owner of such oil and gas interest. The
notice shall state the name of the owner of such oil and gas interest as
shown of record and a description of the land. If a copy of such notice,
together with an affidavit of service thereof, shall be  promptly  filed
in  the  office of the clerk in the county wherein such land is located,
the  record  thereof  shall  be  prima  facie  evidence  in  any   legal
proceedings that such notice was given.
8.  Upon  the  filing  of  the  statement  of  claim  provided  for in
subdivision five of this section or the proof of service  of  notice  as
provided  in subdivision seven of this section in the clerk's office for
the county of Cattaraugus, the clerk shall record the same in a book  to
be  kept  for that purpose, which shall be known as the dormant oil and
gas interest record, and shall indicate by  marginal  notation  on  the
instrument  creating the original oil and gas interest the filing of the
statement of claim or affidavit of publication and service of notice.
9. The filing of the statement of claim provided in this section shall
not be evidence of title to or ownership of the interest claimed therein
for any purpose other than that provided in this section.
§  330.  Officers guilty of malfeasance liable for damages. An officer
authorized to take the acknowledgment or proof of a conveyance or  other
instrument, or to certify such proof or acknowledgment, or to record the
same,  who  is  guilty  of  malfeasance  or  fraudulent  practice in the
execution of any duty prescribed by law in relation thereto,  is  liable
in damages to the person injured.
§  331.  Laws  and  decrees of foreign countries appointing agents and
attorneys and recording of the same. A  copy  of  a  law  of  a  foreign
country  or  of  a  decree  of  the  executive  power of such a country,
appointing an agent or attorney with power to execute and deliver in the
name or on behalf of such foreign country,  any  instrument  in  writing
granting,  assigning, surrendering or in any manner affecting any estate
or interest of such government in real property within  this  state,  or
assigning  or discharging any lien or claim of such government upon real
property within this state, or of a  law  or  decree  revoking  such  an
appointment,  if  in  English, or a translation into English of any such
law or decree, if the original thereof  be  in  a  language  other  than
English,  when  certified and recorded as hereinafter provided, shall be
presumptive evidence  of  the  authority  of  such  agent  or  attorney.
Certification  of such copy or translation shall be made under the great
seal of such foreign country and shall be to the effect that the same is
a true copy or translation  of  such  law  or  decree.    Such  copy  or
translation of such law or decree, when so certified, may be recorded in
the  office  of  the  clerk or register of any county of this state, and
such copy or translation when so certified and recorded, or a  certified
copy  of  the record thereof, shall be received as evidence in any court
of this state. The authority conferred under any instrument so  recorded
shall not be deemed revoked as to property situated in any county except
by  the  recording  in  such county of a copy or translation of a law or
decree to  that  effect,  duly  certified  in  the  manner  hereinbefore
provided.  Nothing  in this section shall in any way affect the right or
power of a foreign country to acquire, hold or convey real  property  in
this state, or be construed to confer any such right or power.
§ 332. The record of certain conveyances validated. 1. The record made
prior  to  July  first, nineteen hundred fifty-five in the office of the
recording officer of any county in this state  of  any  deed,  mortgage,
assignment  or  satisfaction piece of a mortgage, or other conveyance or
power  of  attorney,  otherwise  authorized  to  be  recorded   therein,
notwithstanding  that the certificate of acknowledgment or proof did not
set forth the place of residence  of  a  subscribing  witness  or  of  a
corporate  officer  or director, or did not set it forth with sufficient
particularity, and notwithstanding any other defect in the form  of  the
certificate  of acknowledgment or proof or the failure to append thereto
a  certificate  as  to  the  authority  of  the  person  who  took   the
acknowledgment  or proof, to take the same, or any defect in the form of
such certificate of authority, shall be in all  respects  as  valid  and
effectual  as  though  such  certificate  of  acknowledgment or proof or
certificate of authority had been in proper form or such certificate  of
authority  had been appended to such instrument. Provided only that such
person  was  duly  authorized  at  the  time  of  taking  the  proof  or
acknowledgment  to  take  the same in the county where the instrument is
recorded or in the place, whether within or without the  United  States,
where the same was taken.
2.  All  acknowledgments or proofs of conveyance of real property made
or taken prior to April tenth, nineteen hundred thirty, before a  judge,
clerk,  deputy clerk or special deputy clerk of a court not of record of
this state are confirmed.
3. All acts of the secretary of state of any state or territory of the
United States in authenticating a certificate of acknowledgment or proof
of a conveyance of real property  within  the  state,  performed  before
October  first,  nineteen  hundred  twenty-five,  are  hereby confirmed,
provided that the said certificate of  authentication  is  in  the  form
required  by  the  laws  of  this  state on March twenty-third, nineteen
hundred twenty-six or now required by law.
4. If an instrument is recorded hereafter notwithstanding the omission
from the certificate of acknowledgment or proof of the street and street
number of a subscribing witness or of a corporate  officer  or  director
contrary to the provisions of sections three hundred four, three hundred
nine, three hundred nine-a and three hundred nine-b of this article, the
record  of  such  instrument  shall not be invalidated by reason of such
omission nor shall the title founded  on  such  instrument  be  impaired
thereby.
5.  Nothing  in  this  section  shall  effect  any  pending  action or
proceeding nor the rights of any purchaser  in  good  faith  and  for  a
valuable  consideration  whose  conveyance shall have been duly recorded
before this section as amended shall take effect.
§   332-a.   Validation   of   the  record,  execution  and  proof  or
acknowledgment of certain other instruments.  The record made  prior  to
the  day  when  this  act  takes  effect  in the office of the recording
officer of any county in this state  or,  the  execution  and  proof  or
acknowledgment  made prior to the day when this act takes effect, of any
deed,  mortgage,  assignment  or  satisfaction  piece  of  a   mortgage,
discharge  or release of part of mortgaged premises, or other conveyance
or a power of attorney, the acknowledgment of the execution of which  by
a  corporation was made by an officer thereof, or the execution of which
was proven by a subscribing witness, such acknowledgment or proof having
been taken or made before an officer or person thereto  authorized,  and
the certificate or certification thereof or therefor being sufficient as
to form in all respects except that it either did not state the place of
residence  of  such  officer  of  the corporation or of such subscribing
witness or did not state it with sufficient particularity, shall  be  in
all  respects  as  valid  and  effectual  as  though such certificate or
certification had contained a sufficient statement as to such  place  of
residence;  but  this  section shall not affect any action or proceeding
pending at the time of the taking effect thereof.
§  332-b.  The  record  of certain other conveyances validated. 1. The
record made subsequent to February thirteenth,  nineteen  hundred  forty
and  prior  to  the time this section shall take effect in the office of
the recording officer of any county in this state of any deed, mortgage,
assignment or satisfaction piece of a mortgage, or other  conveyance  or
power   of  attorney,  otherwise  authorized  to  be  recorded  therein,
notwithstanding  any  defect  in  the  form  of   the   certificate   of
acknowledgment  or  proof or the failure to append thereto a certificate
as to the authority of the person who took the acknowledgment or  proof,
to  take  the  same,  or  any  defect in the form of such certificate of
authority, shall be in all respects as valid  and  effectual  as  though
such  certificate of acknowledgment or proof or certificate of authority
had been in proper form  or  such  certificate  of  authority  had  been
appended  to  such  instrument.  Provided only that such person was duly
authorized at the time of taking the proof or acknowledgment to take the
same in the county where the instrument is recorded  or  in  the  place,
whether within or without the United States, where the same was taken.
2.  Nothing  in  this  section  shall  affect  any  pending  action or
before this section shall take effect.
§  333. When conveyances of real property not to be recorded. 1. After
September thirtieth, nineteen hundred and ten, a recording officer shall
not record or accept for record any conveyance of real property executed
subsequent to said September thirtieth, nineteen hundred and ten, unless
the residence of the purchaser and if in a city  of  over  five  hundred
thousand  inhabitants  according  to  the last federal census the street
number of the residence of the purchaser shall  be  stated  therein  and
such  residence and street number shall be recorded with the conveyance.
After May first, nineteen hundred  and  fourteen,  a  recording  officer
shall  not  record  or accept for record any conveyance of real property
executed subsequent to said first  day  of  May,  nineteen  hundred  and
fourteen,  if  in  a  city  of  over  two  hundred  thousand inhabitants
according to the last federal census, unless the street  number  of  the
residence  of  the  purchaser shall be stated therein and such residence
and street number shall  be  recorded  with  the  conveyance;  provided,
however,   that  this  section  shall  not  operate  to  invalidate  any
conveyance of real property, heretofore or hereafter executed, in  which
the  residence  or  street  number  of the purchaser shall not have been
stated, nor affect the record of any such conveyance accepted for record
and recorded, heretofore or hereafter, contrary  to  the  provisions  of
this  section,  nor  impair  any  title  founded on such a conveyance or
record. After July first,  nineteen  hundred  thirty-five,  a  recording
officer  of  the  county of Nassau shall not record or accept for record
any conveyance of real property executed subsequent to said first day of
July, nineteen hundred thirty-five,  unless  the  city  or  incorporated
village in which such real property is located be stated therein, and if
not  located  in  a  city  or incorporated village, then the township in
which located shall be stated  therein;  provided,  however,  that  this
section shall not operate to invalidate any conveyance of real property,
heretofore  or  hereafter  executed,  in  which the description fails to
designate the city or incorporated village in which the real property is
located, nor affect the record  of  any  such  conveyance  accepted  for
record  and recorded, heretofore or hereafter contrary to the provisions
of this section, nor impair any title founded on such  a  conveyance  or
1-a.  After  September  first,  nineteen  hundred  forty,  a recording
officer shall not record or accept for record  any  conveyance  of  real
property  executed  subsequent  to said first day of September, nineteen
hundred forty, unless the residence of the seller and of the  purchaser,
including the street and street number of the residence if any there be,
shall be stated therein and such residences, including street and street
number if any, shall be recorded with the conveyance; provided, however,
that  the provisions of this subdivision shall not operate to invalidate
any conveyance of real property, executed subsequent to said  first  day
of  September, nineteen hundred forty, in which the residence, including
street and street number if any, of the  seller  and  of  the  purchaser
shall  not  have  been  stated,  nor  affect  the record contrary to the
provisions of this subdivision, nor impair any title founded on  such  a
conveyance or record.
1-b.  With  respect  to  instruments  executed  after September first,
nineteen hundred forty-four, the terms seller and purchaser, as used  in
this section, shall include any party to a conveyance of real property.
1-c.  With  respect  to  instruments  executed  after September first,
nineteen hundred forty-four, the term conveyance  of  real  property  as
used  in  this  section  shall  include  any  conveyance  as  defined in
subdivision three of section two hundred ninety of the real property law
and any instrument entitled to be recorded  under  section  two  hundred
ninety-four of the real property law.
1-d.  After  September  first, nineteen hundred fifty-five a recording
officer shall not record or accept  for  record  any  deed  transferring
title  to real property executed subsequent to September first, nineteen
hundred fifty-five, unless the city, town and village in which such real
property  is  located  be  stated  therein; provided, however, that this