§ 138. Powers of notaries public or other officers who are
stockholders, directors, officers or employees of a corporation. A
notary public, justice of the supreme court, a judge, clerk, deputy
clerk, or special deputy clerk of a court, an official examiner of
title, or the mayor or recorder of a city, a justice of the peace,
surrogate, special surrogate, special county judge, or commissioner of
deeds, who is a stockholder, director, officer or employee of a
corporation may take the acknowledgment or proof of any party to a
written instrument executed to or by such corporation, or administer an
oath to any other stockholder, director, officer, employee or agent of
such corporation, and such notary public may protest for non-acceptance
or non-payment, bills of exchange, drafts, checks, notes and other
negotiable instruments owned or held for collection by such corporation;
but none of the officers above named shall take the acknowledgment or
proof of a written instrument by or to a corporation of which he is a
stockholder, director, officer or employee, if such officer taking such
acknowledgment or proof be a party executing such instrument, either
individually or as representative of such corporation, nor shall a
notary public protest any negotiable instruments owned or held for
collection by such corporation, if such notary public be individually a
party to such instrument, or have a financial interest in the subject of
same. All such acknowledgments or proofs of deeds, mortgages or other
written instruments, relating to real property heretofore taken before
any of the officers aforesaid are confirmed. This act shall not affect
any action or legal proceeding now pending.