tificate of acknowledgment or proof is in the form required by the laws of this state.

8. If within the states comprising the empire of Germany, it may also be made before a judge of a court of record under the seal of such court, or before a notary public under the seal of his office and the seal of the city or town in which the notary resides.

Formerly section 250, Real Property Law of 1896, chapter XLVI, General Laws, as amended by chap. 542, Laws of 1899; chap. 611, Laws of 1901; chap. 98, Laws of 1903; chap. 528, Laws of 1904; chap. 690, Laws of 1904, and chap 61, Laws of 1908.

§ 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, a consul or commercial or vice-commercial agent of the United States residing within the country; or a secretary of legation at the post, port, place or within the limits of his legation.85

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.86

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, under his hand and the seal of such city or town.

7. All acts of ambassadors, ministers plenipotentiary, ministers extraordinary, minister resident, chargé d'affaires, or secretary of legation, in taking the acknowledgment or proof of a conveyance of real property within the state, performed before the time when this act takes effect, are hereby confirmed, provided that the certificate of acknowledgment or proof is in the form required by the laws of this state.

85 As amd. chap. 528, Laws of 1904; became a law April 29, 1904, to take effect immediately.

86 Amended by chap. 61, Laws of 1908.

8. If within the states comprising the empire of Germany it may also be made before a judge of a court of record under the seal of such court or before a notary public under the seal of his office and the seal of the city or town in which the notary resides.87

Section 250 was formerly 1 Revised Statutes, 757, section 5, 6 and 7: § 5. If the party or parties executing such conveyance, shall be, or reside, in any state or kingdom in Europe, or in North, or South America, the same may be acknowledged or proved before any minister, plenipotentiary, or any minister extraordinary, or any charge des affaires of the United States, resident and accredited within such state or kingdom. If such parties be or reside in France, such conveyance may be acknowledged or proved before the consul of the United States, appointed to reside at Paris; and if such parties be or reside in Russia, such conveyance may be acknowledged or proved before the consul of the United States appointed to reside at St. Petersburgh,88

$ 6. If the party to such conveyance be, or reside, within the United Kingdom of Great Britain and Ireland, or the dominions thereunto belonging, the same may be acknowledged or proved before the mayor of the city of London, the mayor or chief magistrate of the city of Dublin, or the provost or chief magistrate of the city of Edinburgh, or before the mayor or chief magistrate of Liverpool, or before the consul of the United States appointed to reside at London.89

§ 7. Such proof or acknowledgment, duly certified under the hand, and seal of office, of such consuls, or of the said mayors or chief magistrates respectively, or of such minister or charge des affaires, shall have the like force and validity, as if the same were taken, before a justice of the supreme court of this state.90

Comment. This section" of the old Real Property Law of 18962 was several times amended, after its passage.93 Subdivision 6 was first amended by chapter 611 of the Laws of 1901, so as to enable a foreign notary to take the acknowledgment. But this authority. was repealed by chapter 98, Laws of 1903. Subdivision 7 was added by chapter 542, Laws of 1899, and confirmed by chapter 611, Laws of 1901. Subdivision 8 was added by chapter 690, Laws of 1904. to take effect September 1, 1904. Some of the amendments seemed to be very carelessly drawn.

87 Added by chap. 690, Laws of 1904. 250, and all amendments are now repealed by Real Prop. Law of 1909, 460, art. 14, chap. 50, Consolidated Laws of 1909. See below, $ 460.

88 Cf. Laws of 1816, p. 118; chap. 793, Laws of 1895.

89 Cf. 1 K. & R. 370, § 3; 1 R. L. of 1813, 370, § 3; Laws of 1817, p. 58.

901 R. S. 757, §§ 5, 6, 7, as amd.; repealed, chap. 547, Laws of 1896.

a1 See Appendix I, infra, § 250. 92 Chapter 46 of the General Laws, enacted May 12, 1896, now consolidated in chap. 50, Consolidated Laws of 1909.

93 Chap. 542, Laws of 1899; chap. OII, Laws of 1901; chap. 98, Laws of 1903 (and see Jordan v. Underhill, 91 App. Div. 124, 130); chap. 528, Laws of 1904; chap. 690, Laws of 1904.

Confirmation.

All acknowledgments of ambassadors, ministers, etc., of the United States, if in sufficient form prior to the passage of the Real Property Law of 1896, it will be observed, were and are now confirmed.94

Acknowledgments and Proofs in Foreign Countries. In 1771 provision was made for the acknowledgment of deeds in the possessions of Great Britain out of this colony.95 A like provision was incorporated in the laws of the State in 1801,96 and re-enacted in the revision of 1813,97 and finally amplified in the Revised Statutes.98 The later acts extended to places other than those under British dominion. An act of 1829 provided for execution in any foreign country.99 From time to time the scope of these enactments was enlarged1 until section 250 of the former Real Property Law of 1896. Its provisions are now transferred to this section of this act. Commissioners of Deeds. The "Executive Law" authorizes the governor to appoint commissioners of deeds to act in foreign countries.2

Forms. For the common forms of certificates of acknowledgment see text under section 306 of this act.3

94 § 301, supra; chap. 542, Laws of 1899; chap. 611, Laws of 1901.

95 Van Schaack, 612, 765; chap. 50, Laws of 1793.

961 K. & R. 479.

97 1 R. S. 370, § 3. 98 Supra, p. 971.

9 Chap. 222, Laws of 1829.

1 Laws of 1847, chap. 170; Laws of 1854, chap. 206 (repealed, Laws of 1880, chap. 245); Laws of 1858, chap. 308 (repealed, Laws of 1875, chap. 136); Laws of 1862, chap. 283 (repealed, Laws of 1875, chap. 136); Laws of 1862, chap. 471 (repealed, Laws of 1877, chap. 417); Laws of 1863, chap. 246 (hereby repealed); Laws of 1865, chap. 421 (hereby repealed); Laws of 1870, chap. 208

(hereby repealed); Laws of 1875, chap. 136 (repealed, Laws of 1892, chap. 683); Laws of 1883, chap. 80 (hereby repealed); Laws of 1883, chap. 233 (repealed, Laws of 1892, chap. 683); Laws of 1888, chap. 246 (hereby repealed); Laws of 1892, chap. 683 (Executive Law); Laws of 1893, chap. 123 (hereby repealed); Laws of 1893, chap. 248 (Executive Law); Laws of 1895, chap. 793.

2 Chap. 683, Laws of 1892, being chap. 9 of the General Laws, as amd, by chap. 248, Laws of 1893, and now made chap. 18 of the Consolidated Laws of 1909.

3 Infra, p. 988, and § 309, for form for corporation.

§ 302. 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. Formerly section 251, Real Property Law of 1896, chapter XLVI, General Laws:

§ 251. Acknowledgments and proofs by married woman.—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.4

Section 251 was formerly I Revised Statutes, 758, sections 10, 11:

§ 10. The acknowledgment of a married woman residing within this state, to a conveyance purporting to be executed by her, shall not be taken, unless in addition to the requisites contained in the preceding section, she acknowledge, on a private examination, apart from her husband, that she executed such conveyance, freely, and without any fear or compulsion of her husband; nor shall any estate of any such married woman, pass, by any conveyance not so acknowledged.5

§ II. When any married woman, not residing in this state, shall join with her husband, in any conveyance of any real estate, situated within this state, the conveyance shall have the same effect as if she were sole; and the acknowledgment or proof, of the execution of such conveyance by her, may be the same as if she were sole.

History of Separate Acknowledgments by Married Women. The historical commentary given under section 203 of this act, touching deeds to bar dower, is applicable generally to any conveyance by a married woman. As early as 1683 by an act of the New York Assembly, it was provided that estates of feme covert could be conveyed only by deed, acknowledged in some court of record, "she being secretly examined if she doth it freely."8 This act was of brief duration, being disallowed by the Lord Proprietor, the Duke of York. Thereafter, according to an early custom of New York, a feme covert could, in conjunction with the husband, convey by deed without separate acknowledgment.10 At common law a feme ex dem. Woodruff v. Gilchrist, 15 Johns. 89, 113; Humbert v. Trinity Church, 24 Wend. 587, 625; Albany Fire Ins. Co. v. Bay, 4 N. Y. 1, 23. 9 Albany Fire Ins. Co. v. Bay, 4 N. Y. 1, 24; Doc. relating to Colonial Hist. of N. Y. III, 357, 370.

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

5 Amended, as stated below, and as amended repealed, chap. 547, Laws of 1896.

1896.

Repealed, chap. 547, Laws of

7 Supra, pp. 736-737.

8 I N. Y. Col. Laws (ed. of 1894), p. III; Constantine v. Van Winkle, 10 N. Y. 422, 6 Hill, 177; Jackson

10 Albany Fire Ins. Co. v. Bay, 4 N. Y. at p. 31; Van Winkle v. Constantine, 10 id. 422; Bool v. Mix, 17 Wend. 128.

covert could convey only by levying a fine or suffering a common recovery,11 and these judicial acts always required her separate acknowledgment and the consent of the husband.12

The origin of the custom of the Province of New York, enabling a married woman to convey by deed, executed by her husband, without her separate acknowledgment, has been much disputed. Precedents for it no doubt existed in England. For instance, it is highly probable that by the early common law a mere consent of a wife to her husband's conveyance by feoffment with livery of seisin was of itself sufficient to bar her dower." At a later day this rule was changed and she could bar dower only by joining her husband in levying a fine or suffering a recovery.14 But in many English boroughs or towns, such as London and Winchester, a custom to convey or bar dower by deed separately acknowledged by feme covert always existed.15 This writer has a distinct recollection of reading a very old English case (as he thinks in the Year Books, but which he cannot now cite) giving effect to this custom to bar a widow's claim of dower. Indeed, in most, if not in all of the British plantations, a similar custom prevailed.16

Chancellor Jones, of New York, who was very learned in the particular jurisprudence of New York, stated that, in New York, a deed attested by a separate acknowledgment of the wife, before a judge of a court of record, was regarded as the equivalent of a fine;17 and such was probably the mode adopted by the better conveyancers even prior to 1771, whenever the more tedious methods of fines or recoveries were not employed.18 In 1771 the custom of New York was formally recognized by the Legislature, and prior conveyances in conformity with it were declared valid.19 But this act also provided that thereafter no conveyance of a

11 2 Black. Comm. 351; Constantine v. Van Winkle, 6 Hill, 177; Jackson ex dem. v. Hollaway, 7 Johns. 81, 86; Whitbeck v. Cook, 15 Johns. 545; 2 J. & V., N. Y. Laws, 84; Bradley v. Walker, 138 N. Y. 291, 297.

12 Shep. Touch. 7; Albany Fire Ins. Co. v. Bay, 4 N. Y. 13, 31.

13 Reeve, Hist. Com. Law (Am. ed., 1880), p. 339.

142 Black. Comm. 137; Cruise, Dig., title 6, chap. 4, § 13; Bool v. Mix, 17 Wend. 119, 128.

66

15 Park, Dower, 195; I Cruise, Fines, 53, 54, 97; supra, p. 736, § 203, Real Prop. Law.

16 2 Black. Comm. 361; Stokes, British Colonies, 443.

17 Collections N. Y. Hist. Soc. for 1821, p. 347.

18 2 J. & V. 84; and see Cruise, Dig., title 6, chap. 4, § 14.

19 Van Schaack, N. Y. Laws, 611, 765; N. Y. Col. Laws (ed. of 1894). V, 202, 534.