The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1885-10-27
AN ACT
Repeal Section One Thousand TtcO Hundred
and Forty-Five of the Code. and 10
Requiretts ReyistratiOn Of beedss

The General Assembly of North carolina do
Enact:
SECTION 1. That section one thousand two
hundred and forty-five of The Code be stricken
out, and the fowllowing inserted In lieu thereof,
No conveyance of land, nor contract to convey,
or lease of land, for more than three yeara
shall be valid to pass any property, as against
creditors or purchasers, for valuable considera-
ton from the donor, ,bargainoror lessor, but from
the registration thereof within the county
where the land ietk Provided hotcecer. 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: PrOUided further,
that no purchase from any such donor, bar
gainor or lessor shall avail or pass title as
ga inst any unregistered deed executed prior
t h first day of December, one thousand
eight hundred and eighty-five, 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 decd, 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.
SEC. 2. That any persons holding any un-
registered deed or claiming title Hereunder,
executed prior to the first day of January, one
thousand eight hundred end f1fty-five, mLy
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 max
er of such deed, and the Witnesses thereto are
dead or cannot be found, and that he 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. 8. That all deeds, contracts or leases,
before registration, except those mentioned
in section two thereof, shall be acknowledged
by 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, attOrnment or
other ceremony whatever.
SEC. 4. That for the probate of all deeds, in
cluding the prlvy examination OF any Jenle
coUert executing the same, executed prior to
January first, one thousand eight hundred and
eighty-fve, the clerk shall receive fifteen cents
for each name. aud the register, for recording
the same, fifty cents for the first three copy
sheets, and five cents for each additional copy
sheet.
SEC. s. That this set rirHil be in force from
and after the first day of December, one thou
sand eight hundred and eighty-fve, and the
Secretary of State phall 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 furnish to each clerk and
register in the State copy thereof, to be post
ed in their Offices The register Of deeds Of
each county shall post or cause to be posted
in four public places in each township of his
county, for sixty days prior to the time when
the act shall go into effect printed notices ex-
planning the provisions thereof and notifying
all persons interested to comply with the provi-
sions of said act
In the General Assembly read three times,
and ratified this the 9th day Of FEBRUARY, A. ID.
1885
STATE OF NORTH CAROLINA,
OFFICE OF SECRETARY OF STATE,
Raleigh, October 9th, 1885.
w. L. SAuxDERs, Secretary of State, here
by certify that the foregoing is true copy Of
the act ON file in this office.
w. L. SAUNDERS,
oct 9-1aw6w Secretary. Of State,