New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-03-28
TRANSFER OF REAL ESTATE.
PROPOSED CHANGES IN THE METHODS.

THE MATTER TO BE CONSIDERED AT A SPECIAL
NETTING OF THE BAR ASSOCIATION TONIGHT.
A reform in the methods of real estate
transfer In this State has long been felt TO be necessity
by those most intimately acquainted with the subject
This especially true in this city, where 80 many thou
sands Of conyeyances of real property are
made every year, and where It's value
is 80 great. The subject has attract ed much attention
in the Bar Association that it has called special meet
ing for this evening exclusively to discuss this question
and to endeavOr to agree upon adequate measures
Of relief committee, OF which Charles Price Is chair
man and Dwight H. Olmstcad Herbert b. Turner Joseph
G. Jackson and John H. RIer members, has had the
matter under advsemcnt for some time Copies OF Its
report, showing the result OF It's work and the conclu
sons reached have been sent in printed form to each
member of the association. The investigations of this
committee covered the subject of lines on and rs well
as the question OF the mode of transfer
Some of the reforms propo scd by the committee "a
radical the evils which they directed arc deep
seated aud nyeterate The method OF transfer in this
state Is substantially the in other States, and
the committee considers that the present evils are III
herent in the system itself one o. the evils enumerated
IL the rapid increase Of the books of record There are
in the office OF tho Register Of this city lG3s books OF
dcedsand 1854 books OF mortgage ana they are nc
cumulatng at the rate Of about 40 books year Or
the 272 books now engrossed 300 have been added
since 1885. At the present rate OF increase the
space and the OF engrossng and caring FOR them
will constantly increase The committee also points ont
the necessity, which the system demands OF RETROSPECT
tive examinations The great number OF documents 10
be examined searching title dncuding deeds, mort
cages, Wills foreclosures aud partitions has maze sat
isacory results many instances next to Impossible
These icultes added the cOnsantlyncreasing eX-
pense must thought lead to end Of the sys-
tenn Another and very trouble is with the In
dices which, shown cannot now In this city he exam
ined either conveniently safely The number OF deeds
and mortgages recorded in year in the Registers ONCE
in NcyYork has reached 10000 In each of these the
name OF the Granor well OF the grantee must care
fully be ndexod that within five years the indiees
will contain OF grantor and grantees, at least 2OOOOO
additional names This IS the assumption that each
instrument has only grantor or mOrgagor ana IN
fact many Of them have several Numerous errors have
been discovered Ire existing indices and it Is antic-
ipaed that in short time searches amid such multi
tudc aud variety Of indeXcd viii be impossible,
and that the present system Of searching
must give way to some more practicable one. The
committee Of the Bar Association thinks that without
the aid of the private ndices which are claimed ana con
oficcs Joth of he County clerk and Register Of Deeds
in this city searches practically could not ne maze III
those Offices The committee, after pointing out these
evils does not venture To suggest tn heul' D' Iea'cS
that to be decided upon by the association .,-,.
with regard, however to liens upon land me commit
tee makes some nOtewor'h. recommendations. The
most important Of these are as follows Ihat
Estate csi I've flea in the Registers ctice; that
all such except judgments should specifically describe
the owner and the property be charged; that iudg
ments mechanics and builders liens and unsafe bulc-
Ing liens cease 10 operate liens year from the
time of fling unless renewed within that time by ming
notices the recording office IA the same manner ~
cattc mortgages now renewed; that oticla bonds
~ 'te' oon Con,nissdnrrs he recorded and III
dcNed in the Office as other mortgages aad IN the
,, m hat n"tircs of l prniCns Should contain only
ltf4 ta11fz alpi %
one OF the most important OF the c0mnlttees recon-
mcndations IL that all origna! Official searches t0flehs
and eucumbcrauccs real estate mad" in any county
IM ~, i,acor and Ice referred 10 bv number en-
tered on the margin OF the record OF the last deed II
be certified and furnished on payment Of
REGISTERS to he liable for errors and omissions
in searches made by them 10 all subsequent owners Of
the property who have relied the searches ana been
damaged thereby. In order to avoid the posi-
haty of fling fraudulent satsflctions of I'M
satisfied mortgages, it il proposed that when
satisfaction of a mortgage Is offered for Ming II
cd with an Endorsement OF payment the bond, and
the Clerk Or Ksie Is over T' h o f pat aad
the recording officer is not to be authorized to accept
and mortgage the order of competent Court author
zing such filing and recilns proof satisfactory to such
Perhaps the most interesting Of all the recommenda-
lion. il the proposing that short forms OF deeds and
mort aces ba prepared under the direction and approval
OF the Chef-Jusce of the Court OF Appeals containing
such covenants said Chief Justice shall approve. and
have the same force and effect a. the common forms
now i'm use" "Jhe common forms now IN use have
been felt by intelligent lawyers 10 contain great
mass of suDprluOuS Vcrblge. But the forms
nv. ,c eorriiou of immcmorIal usage: every phrase
mas it, definite meaning settled by many ancient
and authoritative DECISIONS and no one has NentuTed 10
use any other simpler form unsupported by legislative
enactment IT is said, not without some show or reason,
tot such forms gualy drawn and used with the
design making them uAnelighle as possible to those
such a ,pus ton shown by intcg Et lawyers to-day
and il is thought that II suggestions similar 10 those or
the committee in this respect are carried out not Ony
will the question of keeping and utilizing the
records of such instruments be much snnpnhed,
Int thcv will be much better understood by the OF
those who execute them The committee recommends,
also that in all Surrogate before admit ting Will
10 probate will OF real estate shOuld require the
sworn testimony of disntcrc5ted witnesses,
well acquainted with the decedent to the number of
lis children and heirs their names, ages ana such other
facts AS the surrogate shall think necessary To show 70
whom the title the property would have descended II
the drccdent had died lnteStlc. Such testimony would
bs filed with the proceedings Oh which letters were
granted.
to Shern- and maT-ial-' sales DEGREES in mortgage
foreclosures, indCrS Of tax assessments in NeWGOrk
and Brooklyn the redemption OF property sold for taxes,
methods OF obtaining DEGREES OF sale OF leases where
there is default IN the payment OF rent, ana one or
two other minor suggestions. These changes
csty recommended in the present system OF record
continued. There ~, however, II general sentiment
among the best lawyers in sympathy with the spirit of
the committees report, that some radical measures
ought To be adopted to correct the existing aud in
crcaslng evils OF this character
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PLANNING TO OBTAIN HIGHER UIGES.
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