The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-02-25
THE AUSTRALIANLAND TRANSFER
SYSTEM

SYSTEM
In the February number of the
Century Magazine there is an ex
tremely interesting and instructive
article by Edward Atkinson on "Tht
Australian Registry Of Land Titles
This method was introduced intC
South Australia in 1858 by Sir r. r
Torrens, and its effects were so bene
fetal that its main features were
adopted as the basis of similar legisla
ton in the other provinces of Aus
tralia, and also in New Zealand. A
similar law was enacted in British
Columbia in 1870, where its operation
has been very satisfactory.
The method of procedure under this
system is described as follows:
1.-THE person or persons in whom the
fee is claimed to be vested may apply
to have the land placed on the regis
try of titles; these applications togeth-
or with the deeds, evidences, and alb
stracts of title, accompanied by plans
of the land, are exhibited for exami-
nation to barrister and to a convey
ANGER, who are styled examiners of
titles, who examine the titles exactly
as they would on behalf of an intend
sing purchaser, if the title were not to
BE registered. The report of the eX-
Z aminer is made to the registrar. If
the title is o good holding title the APP
plication is admitted. Should the APP
plcant fail to satisfy the examiner, 1t
is rejected, If there is evidence OF title
wanting, of which the reputed owner
can compel completion, notices cores
ponding in many respects TO those re-
CURED in probate courts are served,
according to the nature of the case.
Notices are served, if any are requir-
ed, as the examiners may indicate,
upon any person likely to be interest
ed in law or equity who has not join
ed in the application, and upon own
ers and occupiers of contiguous land.
These notices set forth the purport of
the application ana intimate that UNI
less objection be made by lodging
caveat within the time prescribed by
the registrar, the land will be brought
under the provisions Of the act and
an indefeasible title will be granted
to the applicants. If within the time
appointed a caveat is lodged, the ac-
tion of the registrar is suspended I'M
til ii Is Withdrawn, or until q final
Judgment of the supreme court can be
obtained upon the question raised.
These notices are given by publica-
tion, and are complete and final.
"The certificates of title are issued
in duplicate. These certificates set
forth the nature of the estate of the
applicant, whether fee simple or
limited ownership; they notify, by
memorials Endorsed, all lesser estates,
leases, charges, easements, rights, or
other interests current or affecting
the land at the time. Ample space is
left for the Endorsement of subsequent
memorials recording the transfer or
extinction of future estates or inter-
ests.
"Applicants are not subjected to
the expense of putting the parapher-
MALTA of court of justice in motion,
unless there be some adverse claim to
be adj1dicated upon.
at is held that 'indefeasibility
is indispensable if the dependent
or derivative character of titles, out
of which all the evils of the English
system originated, is to be got rid Of"
But yet, since in spite of every pre-
caution q mistake may be made in
granting indefeasible titles, a small
charge is made at the rate of one half
penny in a pound sterling, which
amounts to twenty.one one'hund-
redths of per cent (say one-tifth of l
per cent?, upon the value of the land
when first brought under the system,
and upon the value of the land trans
mitted by will, or upon the intestacy
of the registered proprietor. This al
most inappreciable sum has been found
far more than sufficient for the object.
A large insurance fund has accumu-
lated in each colony during the period
in which the act has been in opera
ton.
at was held that this principle of
compromising rightful owner by
money payment, if per chance a law
full claimant had been deprived of land
by an error, instead of allowing him
to recover the land against good
holding title, would commend itself to
the sense of natural justice, as con-
trasted with the principle of Eng
fish law, which in such case would
place an owner in possession not only
of his inheritance of the land itself,
but also of the capital of parties who,
being wholly innocent of all fraudu-