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this state before the chancellor thereof and had been certified by him.

$23, as amended by Chap. 250, Laws of 1906, P. L. 1906, p. 528. For form of certificate of county clerk or other officer authenticating notary's signature, see p. 45.

173. Acknowledgments taken out of the United States.

If the party who shall have executed or who shall execute any such deed or instrument of the description or nature above set forth in the twenty-first section of this act, or the witnesses thereto, shall have happened or shall happen to be in any foreign kingdom, state, nation, or colony, whether such party or witnesses resided or reside in this state, or in such foreign kingdom, state, nation, or colony, or elsewhere, then such acknowledgment or proof as is above prescribed, made before and certified by any master in chancery of New Jersey, or any public ambassador, minister, consul, vice-consul, consular agent, chargé d'affaires or other representative of the United States for the time being, to or at any such foreign kingdom, state, nation, or colony, or before and by any court of law of such foreign kingdom, state, nation, or colony, or before and by any notary public, or mayor or other chief magistrate of and then having been, or being within, any city, borough, or corporation of such foreign kingdom, state, nation or colony, in which city, borough, or corporation such party or witnesses may have happened or may happen to be, certified in such cases by such court of law, notary. public, mayor or chief magistrate in the manner in which such acts are usually authenticated by them, shall be as good and effectual as if such acknowledgment or proof had been made within this state before the chancellor thereof and had been certified by him.

174. Certain words explained.

Every section of this act referring expressly or impliedly to the "clerks of the courts of common pleas" shall be understood, read, and construed to refer as well to "registers of deeds and mortgages' in counties in which there are or shall be such officers,* as fully to all intents and purposes as if "registers of deeds and mortgages" had been expressly named therein, instead of "clerks of the courts of common pleas," "clerks" or "county clerks."

($97.)

175. Acknowledgments heretofore taken by attorneysat-law confirmed.

1. That all acknowledgments and proofs of deeds, mortgages and other writings and the certificates thereof taken or made since the twenty-second day of March, one thousand nine hundred and one, before or by any one of the attorneys-at-law licensed to practice in this State, are hereby confirmed and made valid and legal and effectual to the same extent that the same would have been valid and legal and effectual if such attorneys-at-law had been given full power and lawful authority to take take such acknowledgments and proofs of deeds and mortgages and other writings, by virtue of an act entitled "An amendment to an act entitled 'An act respecting conveyances' (Revision of 1898) approved June fourteenth, one thousand eight hundred and ninety-eight," which amendment was approved March twenty-second, one thousand nine hundred and one.

2. That the record of any deed, mortgage or other writing acknowledged or certified as mentioned in

*Essex, Hudson and Camden, see G. S., pp. 2733-4.

the next preceding section is hereby made good and effectual in law as of the time such deed, mortgage or other writing was or shall be lodged for record, and the same or a certified copy thereof may be used and given in evidence, in the same manner and with like effect as if the said acknowledgment had been made before and certified by an officer then having full and lawful authority to take the same.

The foregoing is Chap. 212, P. L. 1906, p. 409.

REGISTRATION AND RECORDING OF MORTGAGES

180.* Mortgages to be registered.

That the clerk of the court of common pleast of every county of this state shall, from time to time, provide fit books, well bound and lettered, for registering all mortgages and defeasible deeds in the nature of mortgages, of lands, tenements and hereditaments, lying and being within his county, in which shall be entered the names of the mortgagor and mortgagee, the date of the mortgage, the mortgage money and when payable, and the descriptions and boundaries of the lands, tenements and hereditaments mortgaged; that the said clerk shall, immediately on receiving the said mortgage, make the said entry or abstract in the register, and shall note in the margin, or at the foot of such abstract, the day of the month and the year, when the said mortgage was delivered to him or brought to his office to be recorded; to which books every person shall have access at proper seasons, and may search the same, paying the fees allowed by law. ("An act concerning mortgages"; G. S., p. 2105, §17.)

181. May be recorded in full at request of mortgagee. That it shall and may be lawful to record in full, in the books provided for the registry of mortgages, all

Arbitrary section number.

As to registering of mortgages in Essex, Hudson and Camden counties, see G. S., pp. 2733-4.

mortgages authorized to be registered by this act, upon the request of the mortgagee, and upon his paying therefor the same fees as are allowed by law for recording deeds; and when any mortgage is so recorded in full, the record of such mortgage, and a transcript of such record, duly certified by the clerk in whose office the record is kept, shall be received in evidence in any court of this state, in the same manner, and to the same effect, as the record, or a transcript of the record of deeds is now received.

(Id., $18.)

182. Mortgages must be acknowledged or proved.

That no mortgage, defeasible deed or other conveyance in nature of a mortgage, which has been made and not already acknowledged or proved according to law, or which shall be made, shall be entered in such register, unless the execution thereof shall be first acknowledged or proved and certified in the manner prescribed by the act entitled "An act respecting conveyances."

(Id., $20.)

183. Operation of unregistered mortgage.

That every deed of mortgage, or conveyance in nature of a mortgage, of or for any lands, tenements or hereditaments, which shall have been made and executed after the first day of January, in the year of our Lord one thousand eight hundred and twentyone, or shall hereafter be made and executed, shall be void and of no effect against a subsequent judgment creditor, or bona fide purchaser, or mortgagee for a valuable consideration, not having notice thereof, unless such mortgage shall be acknowledged or proved according to law, and recorded or lodged for that pur

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