§ 295. Recording of letters patent. Letters patent, issued under the great seal of the state, granting real property, may be recorded in the county where such property is situated, in the same manner and with like effect, as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded.

Formerly section 245, Real Property Law of 1896, chapter XLVI, General Laws:

§ 245. Recording of letters patent.- Letters patent, issued under the great seal of the state, granting real property, may be recorded in the county where such property is situated, in the same manner and with like effect, as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded.23

Section 245 was formerly chapter 110, Laws of 1845, section 1:

§ 1. All letters patent issued under the great seal of this state, granting land to any person or persons, in addition to the record thereof made in the office of the secretary of state, may be recorded in the county where the lands granted are situated, in the same manner and with the like effect as any deed regularly acknowledged or proved before an officer authorized by law to take the proof and acknowledgment of deeds, whenever the patentee or owner of such lands shall request the same to be so recorded.24

"Letters Patent." While New York was a province25 or colony of England, grants of Crown land were always made by letters patent, or open letters, "literae patentes, so called," says Blackstone, "because they were not sealed up, but exposed to open view with the great seal pendant at the bottom." 26 Letters patent were assurances by matter of record, and as such were public records. Blackstone describes with much particularity the mode in which the King's letters patent were granted.27 On the independence of New York, the ungranted Crown lands vested in the State, and continued to be granted by letters patent under the great seal.28 They

patent to the Duke of York, in 1664, for the entire territory, now in this State, are at Albany. See Hist. Law of Real Prop. in N. Y., pp. 10, 16, 46, 184.

272 Black. Comm. 347, 348; N. Y. Cent. R. R. Co. v. Brockway Brick Co., 10 App. Div. 387, 389.

28 N. Y. Cent. R. R. Co. v. Brockway Brick Co., 10 App. Div. 387; 158 N. Y. 470.

were usually issued pursuant to an act of the Legislature directed to the commissioners of the land, office.

Construction of Letters Patent. Blackstone laid it down that a grant by the King was to be construed most beneficially for the King.29 But, certainly, patents must be open to two intents before such a rule of construction can be applied,3o and when the grant is for a valuable consideration the patents may be construed most favorably for the patentee.31 More just rules of construction are now applied, than at common law, to the construction of letters patent.32 Recording. This section refers to patents for lands issued under the great seal of the State.33 It is to be read in connection with. the following section of this act. If the original letters patent are recorded in the county where the real property is situated, the record is operative as notice, as is the record of any other conveyance.

29 2 Black. Comm. 347. 77-80, Introduction, supra.

See pp.

30 See discussion in Forsythe's Cas. & Ops. 175, 176.

31 Sir John Moline's Case, 10 Rep. 65.

32 People v. N. Y. & Staten Island

Ferry Co., 68 N. Y. 71; Langdon v. Mayor, 93 id. 129, 147; Killam v. State of New York, 64 App. Div. 243; and see pp. 80, 88, Introduction, supra.

33 N. Y. C. & H. R. R. R. Co. v. Brockway Brick Co., 158 N. Y. 470.

§ 296. Recording copies of instruments which are in secretary of state's office. A copy of an instrument affecting real property, within the state, recorded or filed in the office of the secretary of state, certified in the manner required to entitle the same to be read in evidence, may be recorded with such certificate in the office of any recording officer of the

state.

Formerly section 246, Real Property Law of 1896, chapter XLVI, General Laws:

§ 246. Recording copies of instruments which are in secretary of state's office. A copy of an instrument affecting real property, within the state, recorded or filed in the office of the secretary of state, certified in the manner required to entitle the same to be read in evidence, may be recorded with such certificate, in the office of any recording officer of the state.34

Section 246 was formerly chapter 295, Laws of 1839, section 5:

§ 5. A copy of any deed, conveyance or other instrument in writing relating to, or in any manner affecting the title to any real estate which is or may be recorded or filed in the office of the secretary of state, upon being certified by the said secretary in the manner required by law, to entitle the same to be read in evidence, may be recorded in the office of the clerk of any county in this state or in the office of the register of deeds in the city of New York with the secretary's certificate; and such record and a duly certified copy thereof, may be read in evidence in the same manner an with the like effect, as the record of a conveyance of real estate situate in such county originally recorded in the said clerk's office or in the office of the said register.35

Holland Land Company. This section is taken from the foregoing act. The residue of the act of 1839 refers to the Holland Land Company.36

Secretary's Office.

A very instructive and clear account of the office of the secretary of this State, and of the effect of his certificate as evidence, is contained in an opinion of the Court of Appeals in 1899.37

Letters Patent. Chapter 517, Laws of 1896, provides for the recording of all letters patent in the office of the Secretary of State; and the same when certified by him under this section may be recorded throughout the State or read in evidence.38

34 Repealed by Real Prop. Law of 1909, 460, art. 14, chap. 50, Consolidated Laws. See below, § 460.

35 Repealed, chap. 547, Laws of 1896.

36 Cf. § 310, Real Prop. Law.

37 N. Y. C. & H. R. R. R. Co. v. Brockway Brick Co., 158 N. Y. 470. 38 N. Y. C. & H. R. R. R. Co. v. Brockway Brick Co., 158 N. Y. 470.

When Deeds May be Read in Evidence. The Code of Civil Procedure now regulates the admission of deeds in evidence. Sections 933 and 935 thereof are as follows:

"

* * *

933. A copy of a paper filed, kept, entered, or recorded, pursuant to law, in a public office of the State, the officer having charge of which has, pursuant to law an official seal is evidence, as if the original was produced. But, to entitle it to be used in evidence, it must be certified * * by the officer having the custody of the original.39 * * *

66

"§ 935. A conveyance, acknowledged or proved, and certified, in the manner prescribed by law, to entitle it to be recorded in the county where it is offered, is evidence, without further proof thereof. Except as otherwise specially prescribed by law, the record of a conveyance, duly recorded, within the State, or a transcript thereof, duly certified, is evidence, with like effect as the original conveyance."

39 See this section set out in full under next section of this act, p. 960, infra.

§ 297. 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 three hundred and ten of this chapter were so recorded.

Formerly section 247, Real Property Law of 1896, chapter XLVI, General Laws:

§ 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.40

Section 247 was formerly chapter 210, Laws of 1843, section 5,41 as amended chapter 539, Laws of 1887.

5. The copy of any record, of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may be again recorded in any office wherein the original would be entitled to be recorded, and such record shall have the same effect as if the original were so recorded.

Certification Entitling Paper to be Read in Evidence. As stated under the next preceding section of this act, the Code of Civil Procedure regulates admission of deeds of conveyance in evidence. Section 933 thereof is as follows:

40 Repealed by Real Prop. Law of 1909, 460, art. 14, chap. 50, Consolidated Laws. See below, § 460.

41 Repealed, chap. 547, Laws of 1896.