NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 932

HOUSE BILL 1203

 

 

AN ACT RELATING TO THE FILING AND RECORDING OF PAPERS BY THE CLERK OF SUPERIOR COURT AND THE REGISTER OF DEEDS OF FRANKLIN COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Neither the Clerk of Superior Court nor the Register of Deeds of Franklin County shall accept for probate or recordation any deed, deed of trust or mortgage conveying any real estate, executed after July 1, 1959, unless there shall appear on such deed, deed of trust or mortgage the name of the person or firm who drafted such instrument, or unless in some similar manner the draftsman shall be designated thereon or therewith and the name of the draftsman may appear following the words, "drawn by", on such instrument or cover thereof or in any other manner so that the draftsman may be designated, and it shall be the duty of the Clerk of Superior Court or the Register of Deeds of Franklin County to record with such papers or documents the words "drawn by" and the signature or name of the person who drafted said papers or documents, or such designation of the draftsman of such papers or documents; provided that papers or documents executed and acknowledged in other counties of North Carolina or in other states or countries for probate or recordation in Franklin County may be accepted for probate or recordation without such signature, name or other designation of the draftsman of such papers or documents; provided further, that when the person presenting any such paper or document for probate or recordation in Franklin County cannot secure the signature of the person who drafted such paper or document, then upon the filing of a verified petition setting forth the name of the draftsman or that after the exercise of due diligence the draftsman cannot be found or identified, and that the signature of the draftsman of such paper or document cannot be secured, the Clerk of Superior Court of Franklin County shall enter an order allowing such paper or document to be admitted to probate or recordation without the signature of the draftsman but in lieu thereof bearing reference to such order, and thereafter probate or record the same.

Sec. 2. This Act shall apply only to Franklin County.

Sec. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after July 1, 1959.

In the General Assembly read three times and ratified, this the 11th day of June, 1959.