The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1893-12-23

ren's system 10 an homer any man miRnb
coyet. About thirty-6Se years ago it
occurred TO d gentleman residing Y
Adelaide, Eonth Australia, that there
were no good reasons why land should
not be conveyed by registration in the
same simple way that ships are trans
ferred. The system then in operation
there and in the other Australian col
onies was one OF conveyance by deed and
registration, substantially the same as
that now in force here. Upon pronul-
eating hia theory he was met with oppo-
sition and derision. There will beno din
Guilty i d introducing the new method az
il is done gradually, the old and new
systems continuing side by side until the
old liz wiped out or outgrown. Land
once bought under the system cannot be
withdrawn froln its operation but all
dealings with it must, thenceforth, be
conducted as the Act directs.
Land bought under the operation OF
the Act remains subject to the general
law regarding real property, c~onveyances
deed OF mortgage, ETC., affecting them,
continue to be drawn up in the old
forms, and to be registered in the gener-
al registry Office.
Any land may be bought under the
Act on the application of the persons
interested. The application with the
deeds is left at the Land Titles office.
and the title is there Investigated by the
officers appointed for that purpose. Ii
it be found that the title, although per-
haps not technically perfect isyet secure
against e,ectment and against the claims
OF any person, the land viii be bought
under the Act and the proprietor or his
nomiuee. will receive a certifcateof title
Tt is, OF course, possible that the certifi'
cate OF title may, through error, issue te
the wrong person and that injustice ma,
be done. In such case the person in
iured has a remedy in damages agains
the government and in order 10 form
fund TO meet claims OF this nature,
nominal fee is charged IN some countries
varying according to the value OF TIT
|, land brought under the Act. On tn
issue OF the certificates, the old deeds
il they relate exclusively to the LAM
applied for, are cancelled and retained II
} the office. IL they relate to othe
property, they are returned. each dec
being marked as cancelled, 80 far as re
lates to the land brought under the Act
In any case, they are Of no use as to tn
land brought under the Act, sine
~thenceforth the certificate OF title is cor
elusive evidence that the person name
: in it, is entitled TO the land it describes
The certificate of title operates as
government guarantee that the title
perfect. It is indefensible, and there
no going behind ii.
A certificate of title is issued to ever
person entitled to any estate OF freehol
in possession In land under the Act.
: Every certificate is in duplicate. Or
. duplicate is given TO the proprietor, I'll
: other is retained in the Land Title
= office. The certificates in the office col
stitute the register book, which, in til
words OF Mr.. Torrens, is a pivot Q
: which the whole mechanism turn
Every certificate is marked with tt
. volume and the folio OF the regists
: book.
: The Corn Belt association took stel
: to raise a committee whose duty
: should be to investigate systems of tran
fer or real estate and formulate the
views into a bill for presentation to ii
, next legislature. South Dakota cam
adopt a new and simpler method
transfers any too soon and this suble
Is likely to become a topic OF absorbir
y interest in the neal future.