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§ 429. Restrictions on claims against assurance fund.

No person shall recover from the assurance fund any greater sum than the fair market value of the property at the time the right to bring such action first accrued. Any action or proceeding to recover damages out of the assurance fund shall be commenced within six years from the time when the right to begin the same accrued, and not afterward, and such time shall not be extended because of any disability. (Amended by L. 1916, ch. 547, in effect May 15, 1916.)

Derivation: L. 1908, ch. 444, § 61.

§ 430. Penalties for fraudulent acts or false certificates.

Whoever fraudulently procures or assists in fraudulently procuring, or is intentionally privy to the fraudulent procurement of any certificate of title or other instrument, or of any entry in the registration or other book kept in the registrar's office, or of any erasure or alteration in any entry in said book, or in any instrument authorized by this act, or knowingly defrauds, or is intentionally privy to defrauding any person by means of a false or fraudulent instrument, certificate, statement or affidavit, affecting registered land, shall be guilty of a felony and shall be punished by a fine of not exceeding five thousand dollars, or imprisonment for a period not exceeding five years, or both, in the discretion of the

court.

Derivation. L. 1908, ch. 444, § 62.

§ 431. Forgery and fraudulent stamping; penalty.

Whoever forges, or procures to be forged, or assists in forging, the seal of the registrar, or the name, signature, handwriting of any officer of the registrar's office; or fraudulently stamps or procures to be stamped, or assists in stamping, any document with any forged seal of said registrar, or forges or procures to be forged, or assists in forging, the name, signature or handwriting of any person whomsoever, to any instrument which is expressly or impliedly authorized to be signed by such person, or uses any document upon which any impression or part of the impression of any seal of said registrar has been forged, knowing the same to have been forged, or any document the signature to which has been forged, knowing the same to have been forged, or swears falsely concerning any matter or proceeding made or done in pursuance of this article, shall

be guilty of a felony, and shall be punished by imprisonment in the pentitentiary for a period not exceeding five years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the

court.

Derivation: L. 1908, ch. 444, § 63.

§ 432. Fees to be charged.

The following fees shall be charged by registrars for the various services performed pursuant to this article:

(a) Filing the notice of petition, including entering it in the entry book, indexing it, and entering it in the tickler certificate book, one dollar.

(b) Filing and indexing the final order or judgment and issuing certificates of title in accordance therewith, and indexing same, five dollars.

(c) Entering, filing and indexing any lien, incumbrance or charge pending registration or subsequent thereto, one dollar.

(d) Entering, filing and indexing a deed or other paper requiring the cancellation of one certificate and the issue of anotherfor each new certificate issued, three dollars.

(e) Entering, filing and indexing any instrument cancelling any lien or incumbrance on a certificate, fifty cents.

(f) Making any additional certificate, fifty cents.

(g) Entering, filing and indexing a caution, one dollar.

(h) Services of the official examiner of title, one-tenth of one per centum of the value of the property on the basis of the last assessment for local taxation, and ten dollars in addition thereto.

(i) Making, certifying and delivering a "registration copy" of any instrument, as provided by section four hundred and sixteen hereof, a fee computed at the same rates as the fees allowed by law for certifying a copy of a deed.

(j) Furnishing printed forms or for any services for which fees are not herein specified such reasonable charge as may be fixed by the registrar subject to the revision of the court. (Amended by L. 1910, ch. 627; L. 1916, ch. 547; L. 1918, ch. 572, in effect May 8, 1918.)

Derivation: L. 1908, ch. 444, § 64.

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§ 433. Construction of article.

This article shall be construed liberally, so far as may be necessary for the purpose of effecting its general intent.

Derivation: L. 1908, ch. 444, § 65.

§ 434. Form for official examiner's report of title.

The examiner's report of title shall be in appropriate form to set forth the matters required by this article. The registrar of any county is authorized to have forms prepared and printed for the examiner's report of title and for any other papers required by this article and shall furnish the same to applicants without charge or for such reasonable charge as may be fixed by the registrar. Such forms and the charge to be made therefor shall be subject to the revision of the court.

(Former § 434 repealed and new § 434 inserted by L. 1910, ch. 627; amended by L. 1916, ch. 547; L. 1918, ch. 572, in effect

May 8, 1918.)

§ 435. Form for certificate of title.

The registrar's certificate title shall be in the following form: No. First registered ...

CERTIFICATE OF TITLE

(First Certificate) or (Transfer from No.

State of New York,

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County

of (residence, and if a minor give his age; if under other disability, state the nature of the disability); married to (name of husband or wife, or if not married, say not married); is the owner of an estate in fee simple (or as the case may be) in the following land (here describe the premises) subject to the estates, easements, incumbrances and charges hereunder noted. (In case of trust, condition or limitation, say "in trust" or "upon condition" or "with the limitation," as the case may be.)

Witness my hand and official seal this (date).

(Seal)

Registrar.

Document number.

MEMORIALS

of estates, easements and charges on the land described in the above certificate of title.

Kind.

Running in
favor of

Terms.

Date of
Registration.

Signature of Registrar.

(Amended by L. 1916, ch. 547, in effect May 15, 1916.) Derivation: L. 1908, ch. 444, Schedule "B."

'ARTICLE 13.

CEMETERY LANDS.

SECTION 450. Lands used for cemetery purposes not to be sold or mort

gaged.

451. Acquisition of lands for cemetery purposes in certain counties.

§ 450. Lands used for cemetery purposes not to be sold or mortgaged.

No land actually used and occupied for cemetery purposes shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected or imposed, nor shall it be lawful to mortgage such land, or to apply it in payment of debts, so long as it shall continue to be used for such cemetery purposes, except cemetery lands in which interments have not been made may be sold under execution to satisfy a valid judgment of a court of record. Whenever any such land shall cease to be used for cemetery purposes, any judgment, tax or assessment which, but for the provisions of this section would have been levied, collected or imposed, shall thereupon forthwith, together with interest thereon, become and be a lien and charge upon such land, and collectible out of the same. The provisions of this section shall not apply to any lands held by the city of Rochester. (Amended by L. 1918, ch. 404, in effect April 30, 1918.)

Derivation: L. 1879, ch. 310, §§ 1, 2, 3.

451. Acquisition of lands for cemetery purposes in certain counties.

It shall not be lawful for any person to take by deed, devise or otherwise or set apart or use any land or ground in any of the counties of Westchester, Kings, Queens, Richmond, Rockland, Suffolk or Nassau for cemetery purposes without the consent of the board of supervisors for such county, or of the board of aldermen of the city of New York, as the case may be, first had and obtained in like manner as provided for in the membership corporations law; and said board of supervisors or board of aldermen in granting such consent may annex thereto such conditions, regulations and restrictions as such board may deem the public health or the public good require. (Added by L. 1909, ch. 274. Amended by L. 1912, ch. 300, in effect Apr. 13, 1912.)

So in original.

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