NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 639

HOUSE BILL 349

 

 

AN ACT TO PROVIDE FOR PRESENTING INSTRUMENTS TO THE REGISTER OF DEEDS FOR REGISTRATION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 47-14 is hereby amended to read as follows:

"§ 47-14.  Register of Deeds to Pass on Certificate and Register Instruments; Order by Judge. (a) When an instrument is offered for registration, the register of deeds shall examine the certificate or certificates of proof or acknowledgment appearing upon the instrument, and if it appears on the face of the instrument that the execution thereof by one or more of the signers has been duly proved or acknowledged and the certificate or certificates to that effect are in due form, he shall so certify, and shall register the instrument, together with the certificates.

"(b)      If a register of deeds denies registration pursuant to subsection(a), the person offering the instrument for registration may present the instrument to a Judge, as provided in subsection (c), and he shall examine the certificate or certificates of proof or acknowledgment appearing upon the instrument, and if it appears on the face of the instrument that the execution thereof by one or more of the signers has been duly proved or acknowledged and the certificates to that effect are in due form, he shall so adjudge, and shall order the instrument to be registered, together with the certificates, and the register of deeds shall register them accordingly.

"(c)       When a District Court has been established in the district including the county in which the instrument is to be registered, application for an order for registration pursuant to subsection (b) shall be made to any Judge of the District Court in the district including the county in which the instrument is to be registered. Until a District Court has been established, application for an order for registration pursuant to subsection(b) may be made to a Resident Judge of Superior Court residing in the district including the county in which the instrument is to be registered, a Judge regularly holding the Superior Courts of the district including the county in which the instrument is to be registered, any Judge holding a session of Superior Court, either civil or criminal, in the district including the county in which the instrument is to be registered, or a Special Judge of Superior Court residing in the district including the county in which the instrument is to be registered.

"(d)      Registration of an instrument pursuant to this Section is not effective with regard to parties who have not executed the instrument or whose execution thereof has not been duly proved or acknowledged."

Sec. 2.  G.S. 47-17.1, as the same appears in 1966 Replacement Volume 2 A of the General Statutes, is amended as follows:

(1)        The words, "The clerks of the superior courts of the counties named below shall not accept for probate or recordation any papers or documents," are stricken out of the first sentence thereof and the following words are inserted in lieu thereof: "The registers of deeds of the counties named below shall not accept for registration, nor shall any Judge order registration pursuant to G.S. 47-14, of any papers or documents,".

(2)        The words "probate or recordation" which appear immediately after the word "for" and before the word "in" in line 9 of G.S. 47-17.1 are hereby stricken out, and the word "registration" is inserted in lieu thereof.

(3)        The phrase "may be accepted for probate or recordation" is stricken out of lines 10 and 11 of G.S. 47-17.1, and the following is inserted in lieu thereof: "may be registered or ordered to be registered".

(4)        The catchline of G.S. 47-17.1 is hereby rewritten to read, "Documents Registered or Ordered to be Registered in Certain Counties to Designate Draftsman; Exceptions."

Sec. 3.  G.S. 47-37 is hereby rewritten to read as follows:

"§ 47-37.  Certificate and Adjudication of Registration. (a) The form of certification for registration by the register of deeds pursuant to § 47-14 (a) shall be substantially as follows:

North Carolina, .............................................. County.

 

The foregoing (or annexed) certificate of (here give name and official title of the officer signing the certificate passed upon) is certified to be correct.

This............ day of ................................. , A. D ......................

Signature

 ..............................

Register of Deeds"

"(b)              The form of adjudication and order of registration by a Judge pursuant to § 47-14 (b) and (c) shall be substantially as follows:

North Carolina, .............................................. County.

The foregoing (or annexed) certificate of (here give name and official title of the officer signing the certificate passed upon) is adjudged to be correct. Let the instrument and the certificate be registered.

This............ day of ................................. , A. D ......................

 ..............................

Signature of Judge"

Sec. 4.  G.S. 161-10 is hereby amended by adding the following paragraph to the end thereof:

"For certification of instruments for registration as provided in G.S. 47-14, twenty-five cents (25˘)."

Sec. 5.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6.  This Act shall become effective October 1, 1967.

In the General Assembly read three times and ratified, this the 31st day of May, 1967.