The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-18
THE ToRRENs SYSTEM.
An Australian Method of Making
Land Transfers.

From the New Orleans Times Democrat
''At the recent convention of the real
estate auctioneers Of this country it was
decided TO give trial to what is known
as the Torrens system as applied to real
estate and land transfers, and several
states in the northwest are now making
trial of the new system" The speaker
was well-kuown auctioneer of this city,
and his remarks were directed to Times
Democrat reporter in answer to the query
for something new.
How has the trial PANIED out2"
ut is said to have thus far been most
satisfactory in its results, and it is posi-
BILE that the system may go into general
use.
DO you know what the Torrens sys-
tenn isl Maybe it might be of interest to
your readers to know.
The Torrens system is of Australian
origin, where 1t was first introduced by
Sir Robert Torrens, the father of the
system, about thirty years ago. 1t does
away with long and frequently uuintelli-
gible abstracts of titles, to any but ex-
perts, and in dealing with the registering
OF owners of land is based upon the regis
try of ownership in vessels.
According to the Torrens system APP
plcants are divided into six classes,
whose applications are referred to an ex-
aminer of titles This examiner reports
his findings TO a commissioner. If the
report discloses no incumbrance on the
land the register issues and registers a
certificate of the title which brings the
land at once under the operation of the
act. If the land is mortgaged the mort
gagee must first give his consent, and, if
the applicant is a married woman, her
husband must give his consent,
Interested parties are advised by the
agar-e
there be such, and the same is publish ed
in a newspaper circulating in the neigh
borhood of the land. Not less than two
weeks nor more than one year is the al
loted time fixed for such persons TO file n
caveat, failure TO do which brings the
land under the operation of the act
''When a caveat is filed further proceed
ings are suspended, but II after the lapse
Of month the caVeator fails to appear in
court and prove his claim the caveat be-
comes null and void All deeds under this
law are Cancelled and held by the regis
ter and record kept of all the deeds so
held
"A nominal tax is placed on the valu-
alton determined by the sworn statement
of the applicant as an assurance fund,
or if uncertainty of title exists an addi-
tional charge of this character is made
There is no assurance tax on land which
has been in the continued possession of
the applicant for fifteen years.
"All instruments affecting the land arc
entitled to priority in accordance with
their date of registration. The registra-
ton consists of memorandum entered in
the folio of the register, which is the du-
| plicate of the owners certificate and also
on the certificate itself. 1t states the
nature of the instrument, the time Of it's
production for registration. names of the
parties, number of the instrument and is
signed by the register No certificate of
title can be impeached by reasons of any
| irregularity in the proceedings previous
TO the registration, anG in courts of law
the certificate is received as evidence Of
the particulars set forth therein.
Mortgages, when registered. do not OPP
crate as transfer, of the land, but when
default is made by mortgagor and con-
tiuues for one month, the mortgage may
make demand for the money to be paid,
and If it is not paid within the period of
another thirty days the land may be sold
for his account less the expenses of sale
and the sum due the mortgagee. The re-
mainder goes TO the mortgagor who owned
the land.
at will thus be seen that the Torrens
system is not unlike the law in force in
this state, but in all states operating
under the common law the new system is
a welcome innovation, and will undoubt-
eddy meet with popular favor"