NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 900

SENATE BILL 327

 

 

AN ACT TO AMEND ARTICLE 1 OF CHAPTER 161 OF THE GENERAL STATUTES PERTAINING TO THE INTERIM AUTHORITY AND DUTIES OF INCUMBENT ASSISTANT AND DEPUTY REGISTERS OF DEEDS IN THE EVENT OF A VACANCY IN THE OFFICE OF REGISTER OF DEEDS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 1 of Chapter 161, as the same appears in the 1964 Replacement Volume 3D of the General Statutes, pertaining to the office of Register of Deeds is amended as follows:

(1)        G.S. 161-5 is amended by designating the present Section as subsection "(a)" and adding a new subsection "(b)" to read as follows:

"(b)      In the interim between such vacancy in the office of Register of Deeds and the appointment and qualification of a successor Register of Deeds, under the provisions of subsection (a), any incumbent Assistant or Deputy Register of Deeds appointed under G.S. 161-6 prior to the vacancy shall continue to hold office as Assistant or Deputy Registers of Deeds until discharged or otherwise lawfully relieved of office by the lawful successor to the office of Register of Deeds."

(2)        G.S. 161-6 is amended by re-designating the first paragraph as subsection "(a)", the second paragraph as "(b)", the third paragraph as "(c)", the fourth paragraph as "(d)" and adding a new subsection "(e)" to read as follows:

"(e)       Incumbent Assistant and Deputy Registers of Deeds holding over after a vacancy in the office of Register of Deeds, pursuant to the provisions of G.S. 161-5(b), shall continue to have and exercise all lawful power and authority of office until lawfully relieved of office, including, but not restricted to, all power and authority set forth in subsections (a), (b), (c) and (d), and in Chapter 161 generally, and their acts as Assistant or Deputy Registers of Deeds shall be official and valid, and the appointing Register of Deeds, or his estate, and the official bond under G.S. 161-4 shall be responsible for their acts as Assistant or Deputy Registers of Deeds, and such Assistant or Deputy Register of Deeds shall also be individually, personally and officially responsible for his own acts."

(3)        G.S. 161-4 is amended by designating the present Section as subsection "(a)" and adding a new subsection to read as follows:

"(b)      The bond and surety required under subsection (a) shall further be conditioned for the safekeeping of the books and records, and for the faithful discharge of the duties of office of the Register of Deeds by any incumbent Assistant and Deputy Register of Deeds appointed prior to the vacancy pursuant to G.S. 161-6 and holding over after vacancy in the office of Register of Deeds for the interim, as provided in G.S. 161-5(b)."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect on and after July 1, 1965.

In the General Assembly read three times and ratified, this the 10th day of June, 1965.