46:16-8 - Deeds or instruments not recorded until ten years from date of execution or proof; record, filing and custody; record or filing in other counties
46:16-8. Deeds or instruments not recorded until ten years from date of execution or proof; record, filing and custody; record or filing in other counties
When any deed or instrument of the nature or description set forth in section 46:16-1 of this Title shall be presented for record, in any county in which a photographic, photostatic or other similar system of recording of instruments is not in use, after the expiration of ten years from the date of the acknowledgment or proof thereof, the county recording officer shall, after duly recording the same, file and carefully keep the original deed or instrument in his office, and shall not suffer the same to go out of his office on any pretext whatever, except when the same may be required to be produced by process out of a court of competent jurisdiction, in which case it shall be taken out only by such recording officer or his deputy and shall be him be returned to such office, and except as hereinafter in this section provided.
If the grantee in any such deed or instrument, or other person interested therein, shall request the same to be sent into any other county in which any of the real estate or other property affected thereby is situate, the county recording officer in whose custody the original deed or instrument shall be shall transmit such original to the county recording officer of such other county, who shall, after recording such deed or instrument, file and keep the same in his office in the manner above provided.
The several records of any deed or instrument under authority of this section shall have the effect of notice of the execution and contents thereof stated in section 46:21-1 of this Title; but no such record or any copy thereof shall be evidence in any court or proceeding, except as provided by section 2:98-23 of the Title, Administration of Civil and Criminal Justice.
Amended by L.1948, c. 193, p. 969, s. 1.