The record-union., 1894-03-02

Result From a Change.
Frank a. Gibson, exCOunty Recorder
and at present Cashier of the First Ma
tional Bank, read a paper before the
Unity Club last Wednesday evening on
the ''Torrens System of Land Registry"
The following is a brief synopsis of the
address:
The subject of registration of land titles
Is entitled to especial attention at this
time. In pursuance Of an Act passed by
the last Legislature, Governor Markham
has appointed a commission of five mem-
bers, including Hon. Robert \. Bulls of
this city, to investigate the system in use
Ia South Australia and draft the legisa-
tion necessary to introduce the same into
this State. The Commissioners are now
engaged upon their work, and expect to
report before the next Legislature. The
proposed change deserves the consider
alton OF every electOr, and may rank as
an issue in the legislative campaign. 1t
Is a matter Of importance to every one
1reeholder or tenant. Whatever Objec-
tions may be justly urged against our
present system of real estate law, 1t IS
nevertheless an accretion of customs,
legislative enactments and judicial de-
cisions, which is entitled to respect, and
any radical changes should be made with
great caution. 1t is the growth of centu-
ries, and by gradual transition men
have passed from the primitive methods
of early times-when land could be con-
veyed only by a transfer of the physical
possession between persons actually upon
is at the time-tO the present mode OF
transfer evidenced by written instru-
ment which is made a matter Of public
record. Each step has been in the dlrec-
off nd
By the registration Of land titles an at
tempt is made to advance another long
step in the same direction. Instead Of
the record of evidence, a record is made
of the conclusion OF competent and
practically infallible authority. Evidence
ceases to be of value when a judgment
has been entered by the court of last re-
sort. Here we lind the most striking and
radical difference between the two sys-
TENS. The old system preserves the evil
dence upon which an opinion may be
based; the new system undertakes to
formulate an opinion, place 1t beyond the
reach of successful attack and then dis
card the evidence as having no further
value.
To compare the merits of the two sys-
TENS it is necessary to compare the meth
DDS employed in each. Under our present
system the patent by which land is
granted by the Government and every
of the land must be filed and copied into
books in The Recorders office. Papers
filed in legal proceedings affecting lands
must be kept by the Clerk. These ac-
cumulate rapidly. Since 1877 the records
in the Recorders office have increased
$40 per cent, and those in the Clerks
office at least 400 per cent. These figures
are suggestive OF necessary and growing
future expenses for care and preservation
of the records. AS they must always be
accessible to interested parties they must
be kept in cOmmOdlOuS and well-llghted
offices, and in the custody of reliable per-
sons. None can be discarded.
The official records being composed
merely of copies of the evidences OF title,
it becomes necessary for careful man 10
ascertain the exact effect of the evidence
before completing any land transaction
involving the payment OF money by him.
These copies being usually scattered
through a number of volumes. the work
OF finding those relating to any particular
parcel OF land is usually performed by
searchers of records and abstract COM
pauies. Although this work has been
greatly facilitated by the use of skilltulIy
devised and carefully prepared abstract
plants, it is still tedious and attended with
risk. After being found their effect must
be passed upon by competent person. II
purchaser has been so prudent as to OBJ
tain from skilled and reliable parties a
complete abstract of title and favorable
legal opinion thereon, he can feel assured
that if no error has been made by the Of
ticials or their deputies in recording, by
the Searcher in preparing his plant or
making his search. or by the attorney in
passing upon the title, he has acquired
title upon which he can rely.
The system OF registration of land titles
commonly known as the Torrens system
has attracted most attention by the results
obtained in number of the British col
OnieS. Registration OF titles has long
been in use in several European States
(notably in Hamburg for over 600 years.,
but the system derives its name from Sir
Robert Richard TOrrens, by whose efforts
it was originally introduced in South
Australia in 1888. He had become i'm
pressed with the confusion of land titles
in that country, and decided that great
improvement could be effected by apply
ing to the registration and transfer of
land titles the methods used by the GUS
toms department in passing the indeteas-
ible title TO ships by registry. OF course
those methods were considerably mOdi-
fed TO meet their new purposes. Each of
the colonies which followed the example
OF South Australia adopted the system,
with notifications to meet local conditions
or prejudices, until their various Land
Acts' now present many points OF differ
ence, principally, however, in the char
acter of the certificates issued. The OBJ
ject of contrasting our system with the
Torrens system can be best accomplished
by considering only the methods en-
ployed in the issuance OF certificates of
indefeasible title. and their use III convey
ing and mortgaging real estate.
There is still in use III each OF the colon
les referred to a sytem OF public records.
which in the main is similar to our own.
No person holding land at the date when
the new system went into operation is
required to register his title thereto but
after having been once registered the title
to parcel of land cannot be Withdrawn
from registry. Upon the establishment
of the new system all crown lands were
made subject to its provisions, and as
owners of lands previously granted are
continually registering their titles, it is
evident that at no very distant date the
old system of records will become obso-
lete.
The proprietor who wishes to have his
title registered files with the Registrar
fwhO is sometimes called Master OF Titles
or Recorder of Titles) his verified appli-
cation, setting forth all the facts within
his knowledge which have a bearing
upon his title. This application must be
accompanied by an abstract of title and n
map of the land prepared and duly certi-
fed by a licensed surveyor. Alter the
application has been entered by the Reg
istrar it is referred, with all the accom-
panying papers. TO a barriSter ana con-
Veyancer, who are officially designated
"Examiners OF Titles" They examine
the title, just as an attorney for an in
tending purchaser would do here, ana re-
port to the Registrar the result. If their
4 -. Il, IL.