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number shall be recorded with the conveyance. (Added by L. 1910, ch. 227; amended by L. 1914, ch. 309, in effect May 1, 1914.)
§ 334. Maps to be filed; penalty for nonfiling.
It shall be the duty of every person or corporation who, as owner or agent, subdivides real property into lots, plots, blocks or sites, with or without streets, for the purpose of offering such lots, plots, blocks or sites for sale to the public, to cause a map thereof, together with a certificate of the surveyor or draughtsman attached showing the date of the completion of the survey and of the making of the map and the name of the subdivision as stated by the owner, to be filed in the office of the county clerk or register of deeds of the county where the property is situated prior to the offering of any such lots, plots, blocks or sites for sale; and a duplicate copy of such map shall also be filed in the office of the city, town or village clerk where the property is situated before any such sale. All such maps must be printed or drawn upon tracing cloth, linen or canvas backed paper. All of such maps shall be placed and kept, by some suitable method, in consecutive order and shall be consecutively numbered in the order of their filing and shall be indexed under the initial letters of all substantives in the title of the subdivision. A failure to file any such map as required by the provisions of this section shall subject the owner of such subdivision, or of the unsold lots therein, to a penalty to the people of the state of twenty-five dollars for each and every lot therein sold and conveyed by or for such owner prior to the due filing of such map. (Added by L. 1910, ch. 415; amended by L. 1916, ch. 143; L. 1917, ch. 592, in effect May 21, 1917.)
§ 335. Filing of maps in Suffolk county; penalty for nonfiling.
It shall be the duty of every person or corporation who as owner or agent subdivides real property into lots, plots, blocks or sites, with or without streets, for the purpose of offering such lots, plots, blocks or sites for sale to the public to file or cause to be filed in the office of the county clerk of Suffolk county a map thereof together with a certificate of the surveyor or draftsman attached, showing same to have been made from an actual survey of the property and the date of the completion of the survey. Said map shall set forth the courses, measurements and adjoining property owners with sufficient definiteness to determine the location of said property and the name of the subdivision as stated by the owner. At the time of the filing of such map there shall, also, be furnished to the county clerk a copy of such map which shall be duly certified by him to be a true copy of the original. The certified copy shall be forwarded by said county clerk to the clerk of the town in which said property is located. At the time of filing such map with the county clerk an abstract of title of such property, certified by an attorney and counselor at law of the state of New York. a title company duly incorporated and authorized to transact business in the state of New York or a competent searcher of titles, shall be presented to said county clerk, and be filed in his office, unless the title to said property has been duly registered pursuant to the provisions of the real property law for the registration of titles to real property, in which case this fact shall be set forth upon the original map together with the number of the certificate of the title so registered, and an index of such abstracts and registrations made to clearly indicate the maps to which they refer. Such maps and abstracts of title shall be filed as aforesaid and a copy of said map filed in the town clerk's office of the town where said property is located prior to the offering for sale of any lot, plot, block or site thereon. All such maps must be printed or drawn upon tracing cloth linen or canvas backed paper and the original of such maps filed in said county clerk's office shall be placed and kept by some suitable method in consecutive order, be consecutively numbered in the order of filing and shall be indexed under the initial letters of all the substantives in the title of the subdivision. The fee of the county clerk for such filing, certifying and indexing each map and copy thereof, and abstract of title therewith and forwarding such copy of said map to the town clerk of the town where the property therein described is located. shall be ten dollars and be paid by the party presenting them for filing. Failure to file any such map as required by the provisions of this section shall subject the owner of such subdivision or of the unsold lots therein, to a penalty to the people of the state of New York of twenty-five dollars for each and every lot therein sold and conveyed by or for such owner prior to the due filing of such map and abstract of title as aforesaid. (Added by L. 1919, ch. 226, in effect April 15, 1919.)
DISCHARGE OF ANCIENT MORTGAGES.
SECTION 340. When mortgagor may petition for discharge of mortgage of record.
341. Presentation of petition.
342. Order to show cause.
343. Proceedings thereon.
344. When county clerk to discharge mortgage of record.
§ 340. When mortgagor may petition for discharge of mortgage of
The mortgagor, his heirs or any person having any interest in any lands described in any mortgage or real estate in this state, which is recorded in this state, or mentioned in a deed recorded in this state, and which, from the lapse of time, is presumed to be paid, or in any moneys into which said lands have been converted under a decree of a court of competent jurisdiction, and which are held in place of such lands to answer such mortgage, may present his petition to the courts mentioned in this article, asking that such mortgage may be discharged of record. Such petition shall be verified; it shall describe the mortgage, and when and where recorded, or if such mortgage is not recorded that the same may be adjudged to have been paid and to be no longer a lien upon the lands therein described, and shall allege that such mortgage is paid; that the mortgagee has, or, if there be more than one mortgagee, that all of them have been dead for more than five years; or if such mortgage has been assigned by an instrument in writing for that purpose executed and acknowledged, so as to entitle the same to be recorded, and such instrument of assignment has been recorded in the office of the clerk of the county where the mortgaged premises, or some portion thereof is situated, and the assignee or assignees of said mortgage have been dead for more than five years, such petition shall state such facts, and no statement respecting the mortgagee or mortgagees or the names and places of residence of their heirs shall be required; or if such mortgagee be a corporation or association, that such corporation or associa
tion has ceased to exist and do business as such for more than five years; the time and place of his or their death, and place of residence at the time of his or their death; whether or not letters testamentary or of administration have been taken out, or, if said mortgagee or mortgagees, or assignee or assignees at the time of his or the death resided out of this state, whether or not letters testamentary or of administration have been taken out in the county where such mortgaged premises are situated; or if a corporation or association, its last place of business; the names and places of residence, as far as the same can be ascertained, of the heirs of such mortgagee or mortgagees, or assignee or assignees; or, if such mortgagee be a corporation or association, then the names of one or more of the receivers, if any were appointed, or of the person who has the care of the closing up of the business of such corporation or association, and that such mortgage has not been assigned or transferred, and if such mortgage has been assigned, state to whom and the facts in regard to the same. Provided, however, that if such mortgage has been duly assigned, by indorsement thereof or otherwise, but not acknowledged so as to entitle the same to be recorded, then it shall be competent for the court, at any time within the period aforesaid, upon proof that all the matters hereinbefore required to be stated in said petition are true, and that the assignee of such mortgage if living, or his personal representative if dead, has been paid the amount due thereon, to make and order that such mortgage be discharged of record. Provided, further, that in case of a mortgage which was recorded or adjudged to have been paid and no longer a lien, more than fifty years prior to the presentation of such petition, if the petitioner is unable with reasonable diligence to ascertain the facts herein required to be stated in the petition, other than the fact of payment, the petition may set forth the best knowledge and information of the petitioner in respect thereto and what efforts have been made to ascertain such facts, and if the court shall be satisfied that the petitioner has made reasonable effort to ascertain such facts, and that the same cannot be ascertained with reasonable diligence, it may then, in its discretion, proceed upon said petition as hereinafter provided.
Derivation: L. 1862, ch. 365, § 1, as amended by L. 1901, ch. 287, § 1, $341. Presentation of petition.
Such petition may be presented to the supreme court in the
county where the mortgaged premises are situated, or to the county court of such county.
Derivation: L. 1862, ch. 365, § 2, as amended by L. 1882, ch. 100, § 1. § 342. Order to show cause.
The court, upon the presentation of such petition, shall make an order requiring all persons interested to show cause at a certain time and place, why such mortgage should not be discharged of record. The names of the mortgagor, mortgagee and assignee, if any, the date of the mortgage and where recorded, and the town or city in which the mortgaged premises are situated, shall be specified in the order. The order shall be published in such newspaper or newspapers, and for such time as the court shall direct. The court may also direct the order to be personally served upon such persons as it shall designate.
L. 1862, ch. 365, § 3.
§ 343. Proceedings thereon.
The court may issue commissions to take the testimony of witnesses and may refer it to a referee to take and report proofs of the facts stated in the petition. The certificate of the proper surrogate or surrogates, whether or not letters testamentary or of administration have been issued, shall be evidence of the fact; and the certificate of the clerk of the county or counties in which the mortgaged premises have been situate, since the date of the said mortgage, shall be evidence of the assignment of such mortgage, or of a notice of the pendency of an action to foreclose such mortgage, and of such other matters as may be therein stated; or if a notice of the pendency of an action to foreclose such mortgage has been filed, then his certificate that such mortgage has never been foreclosed, unless the allegation of payment shall be denied, and evidence be given tending to rebut the presumption of payment, arising from lapse of time, such lapse of time shall be sufficient evidence of payment. Upon being satisfied that the matters alleged in the petition are true, the court may make an order that the mortgage be discharged of record.
Derivation: L. 1862, ch. 365, § 4, as amended by L. 1882, ch. 278, § 1.
§ 344. When county clerk to discharge mortgage of record.
The county clerk, upon being furnished with a certified copy of such order and paid the fees allowed by law for discharging mortgages, shall record said order and discharge the mortgage of record. Derivation: L. 1862, ch. 365, § 5.
QUIETING TITLE TO REAL PROPERTY.
SECTION 360. When special proceeding to quiet title may be maintained.
362. Order for publication of notice to persons interested.
363. Owners of several parcels may unite in proceedings.
365. Hearing and final order upon appearance of adverse
366. Notice of pendency to be filed and recorded.
§ 360. When special proceeding to quiet title may be maintained. Whenever real property shall have been conveyed by a sheriff or referee, pursuant to a judicial decree, which decree has been lost or destroyed, and the defendants (other than lienors or incumbrancers) named in the notice of pendency of the action in which such decree was made, or those who might claim under them, or either of them, are dead, unknown or their whereabouts cannot after diligent inquiry be ascertained, the person who has been, or he and those having his estate who have been, for thirty years in actual possession of such property claiming it in fee under said sheriff's or referee's deed, which deed shall have been recorded at least thirty years, may maintain a special proceeding for the purpose of establishing judicially his or their title to such real property.
Derivation: L. 1890, ch. 503, § 1.
§ 361. Petition.
A person or persons, desiring to institute a proceeding under this article, must present a petition to the supreme court at a special term to be held in the judicial district in which the real property is situated, setting forth the facts proving to the satisfaction of the court, that the case is one of those specified in section three hundred and sixty, and must describe the property with common. certainty, and state what, if any, liens or incumbrances exist thereon, and the names of the persons, if any, besides the petitioners, who have been in the actual possession of the property