The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1885-10-12
The General Assen.blu of worm carolina do


The General assembly of North Carolina do
SECTION 1. That section one thousand two
hundred and forty-five of The Code be stricken
ont, and the fowllowing inserted rnlieu thereof:
No conveyance of land, nor contract to convey,
or lease of land, for moro than three years
shall be valid to pass any property, as against
creditors or purchasers, for valuable considera-
tion from the donor, ,bargainor lessor, but from
the registration thereof within the county
where the laNd ietk ProUided hoaoeoeI, that
the provisions of this act shall not apply to
contracts, leases or deeds already executed,
until the first day of, January, one Thousand
eight hundred and eighty-six; ProU5died further,
that no purchase from any such donor, bar
gainor or lessor shall avail or pass title as
against any unregistered deed executed prior
to the first day of December, one thousand
eight hundred and eishty-fve( when the per-
son or persons holding or claiming under such
unregistered deed shall be IN the actual pos
session and enjoyment of such land, either In
person or by his, her or their tenants, at the
time of the execution OF such second deed, or
when the person or persons claiming under or
taking such second deed, had at the time of
taking or purchasing under such deed actual
or constructive notice of such unregistered
deed, or the claim of the person or persons
holding or claiming Hereunder.
registered deed or ciaiming title Hereunder,
executed prior to the first day of January, one
Thousand eight hundred end ffty-iye, may
have the same recorded without proof OF the
execution thereof prouided. that such person
or persons shall make an affidavit before the
officer having jurisdiction to take probate Of
such deed, that the grantor, bargainor or maxi
er of such deed, and thessSE.siassses thereto are
dead or cannot be found, and thathe, she or they
cannot make proof Of their handwriting. Said
affidavit shall be written upon or attacked to
such deed. and the same, together with such
deed be entitled to registration in the same
manner and with the same effect as il proven
in the manner prescribed by law for other
deeds.
SEC. 0. That all deeds, contracts or leases,
before registration, except those mentioned
in section two thereof, shall be acknowledged
nv the grantor lessor or the person executing
the same or their signatures proven on oath
by one or more witnesses IN the manner pres
cribed by law, and all deeds SO executed and
registered shalt be valid, and pass title and
estates without livery OF seizin, attoTnment on
other ceremony whatever.
SEC A. That for the probate of all deeds, in
cluding the privy examination Of any JeEae
core1f executing the same, executed prior to
Januarv first. one Thousand eight hundred and
eiobty-iiye. the clerk shall receive fifteen cents
for each name. and the register, for recording
the same fifty cents for the first three copy
sheets, and i've cents for each additional coB
sheet
and after the first day of December, one thou
sand eight hundred and eighty-hye, aud the
Secretary os State shall cause the same to be
published in at least three newspapers in each
judicial district in the State for six weeks before
said day, and shall furnieh to each clerk and
register in the State acopy thereof, to be post
ed In their offices. The register OF deeds of
each county shall post or cause to be posted
Il, forr public places in each toWnehip Of his
county, for sixty days prior to the time when
the act shall go into ehect printed notices ex.