NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 11

HOUSE BILL 106

 

 

AN ACT TO VALIDATE CLERKS' AND REGISTERS OF DEEDS' CERTIFICATES FAILING TO PASS ON ALL PRIOR CERTIFICATES BEFORE JANUARY 1, 1971.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 47-48 is hereby amended to read as follows:

"§ 47-48.  Clerks' and registers of deeds' certificate failing to pass on all prior certificates. — When it appears that the clerk of the superior court, register of deeds, or other officer having the power to probate or certify deeds, in passing upon deeds or other instruments, and the certificates thereto, having more than one certificate of the same or a different date, by other officer or officers taking acknowledgment or probating the same, has in his certificate or order mentioned only one or more of the preceding or foregoing certificates or orders, but not all of them, but has admitted the same deed or other instrument to probate or recordation, it shall be conclusively presumed that all the certificates of said deed or instrument necessary to the admission of same to probate or recordation have been passed upon, and the certificate of said clerk, register of deeds, or other probating or certifying officer shall be deemed sufficient and the probate, certification and recordation of said deed or instrument is hereby made and declared valid for all intents and purposes. The provisions of this section shall apply to all instruments recorded in any County of this State prior to January first, one thousand nine hundred and seventy-one."

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  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 3.  This act shall become effective upon ratification, but shall not affect pending litigation.

In the General Assembly read three times and ratified, this the 16th day of February, 1971.