§ 43-17.4. Hearing by clerk of superior court; orders and decrees; cancellation of old certificate and issuance of new certificate. - North Carolina Statutes

§43‑17.4.  Hearing by clerk of superior court; orders and decrees;cancellation of old certificate and issuance of new certificate.

The clerk of the superiorcourt shall hear and determine all matters presented upon the petition and suchpleadings as may be filed in this proceeding, and shall make such orders anddecrees therein as may be found to be proper from the facts as ascertained anddetermined by the court. The court is authorized and empowered to order anddirect that the outstanding registered certificate of title to the land shallbe surrendered and cancelled in the office of the register of deeds, and that anew certificate of title shall be issued, showing therein the owner or ownersof the land described in the original certificate and the nature and characterof such ownership: Provided, the clerk of the superior court shall notauthorize the issuance of the new certificate of title until the fees providedin G.S. 43‑49 have been paid. Upon the surrender and cancellation by theregister of deeds of the outstanding certificate of title, the new certificateof title shall be registered and cross‑indexed in the same mannerprovided for the registration of the original certificate, and the register ofdeeds shall issue a new certificate of title in the same manner and form asprovided for the original certificate. The said new certificate shall have thesame force and effect as the original certificate of title and shall be subjectto the same provisions of law with reference thereto. (1943,c. 466, s. 1.)