§ 142-A. Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects.
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§ 142-a. Validity of acts of notaries public and commissioners of
deeds notwithstanding certain defects. 1. Except as provided in
subdivision three of this section, the official certificates and other
acts heretofore or hereafter made or performed of notaries public and
commissioners of deeds heretofore or hereafter and prior to the time of
their acts appointed or commissioned as such shall not be deemed
invalid, impaired or in any manner defective, so far as they may be
affected, impaired or questioned by reason of defects described in
subdivision two of this section.
2. This section shall apply to the following defects:
(a)ineligibility of the notary public or commissioner of deeds to be
appointed or commissioned as such;
(b)misnomer or misspelling of name or other error made in his
appointment or commission;
(c)omission of the notary public or commissioner of deeds to take or
file his official oath or otherwise qualify;
(d)expiration of his term, commission or appointment;
(e)vacating of his office by change of his residence, by acceptance
of another public office, or by other action on his part;
(f)the fact that the action was taken outside the jurisdiction where
the notary public or commissioner of deeds was authorized to act.
3. No person shall be entitled to assert the effect of this section to
overcome a defect described in subdivision two if he knew of the defect
or if the defect was apparent on the face of the certificate of the
notary public or commissioner of deeds; provided however, that this
subdivision shall not apply after the expiration of six months from the
date of the act of the notary public or commissioner of deeds.
4. After the expiration of six months from the date of the official
certificate or other act of the commissioner of deeds, subdivision one
of this section shall be applicable to a defect consisting in omission
of the certificate of a commissioner of deeds to state the date on which
and the place in which an act was done, or consisting of an error in
such statement.
5. This section does not relieve any notary public or commissioner of
deeds from criminal liability imposed by reason of his act, or enlarge
the actual authority of any such officer, nor limit any other statute or
rule of law by reason of which the act of a notary public or
commissioner of deeds, or the record thereof, is valid or is deemed
valid in any case.