The herald., 1894-02-25
no very distant date the old system OF
recnrda will hecnrna nhAnlata.

no very distant date the OLD system OF
records will become obsolete.
The proprietor who wishes to have
his title registered files with the regis
trar (who is sometimes called master of
titles or recorder of titles) his verified
application. setting forth all the facts
within HE knowledge which have a
bearing upon his title. This Rpplica-
tion must be accompanied by an abstract
of title and map OF the land prepared
and duly certified by a licensed sur
veyor. After the application has been
entered by the registrar it lie referred,
with all the accompanying papers, to q
bsrrister and conveyancer, who are
officially designated Examiners of
titles."t They examine the title, Just as
an attorney for an intending purchaser
would do here, and report to the regis-
trar the result. II their report shows
ID that the land claimed by the appli-
cant is clearly and definitely described (;
~ that the applicant is in undisputed
possession 81 that he is rightfully en-
titled thereto; and "a that be produces
such evidence OF title as would indicate
that no one lie likely to succeed against
him in an action of ejectment, the ap-
plication is ready for further considers-
ton. If their report is adverse upon
any of these points the application is
rejected without putting the applicant
to further expense.
After favorable report, notice is
published giving the particulars of the
application, and stating that unless OBJ
lection be filed within specified time
the same will be granted. Copies OF
such notice are personally served upon
the persons in possession of the lands
described in the application, and upon
the owners and occupants OF adjacent
lands. Ii the examiners should find
some technical defects in the applicants
title, they report the fact to the regis
trar and recommend such service and
publication OF notice as they may deem
necessary to due notification of the
parties likely to be interested. if with
in the time specified in the notice OBJ
lection has been fled. the registrar ers
ponds action. unit. the withdrawal Of
the objection or final judgment OF court
adverse to the person filing the objec-
ton. When no objections have been
filed TOR if filed when they have been
Withdrawn or disposed OF by judgment),
the land is brought under the operation
Va iu0 idDu hCb ny bhC icouhhCO Va u
certificate Of title, vestiug the title to
the property described therein indie
fessib!y in the applicant.
This certificate is in duplicate, one
copy being delivered to the applicant /;
the other forms part OF record kept by
The registrar and is noted in his index
1t detines the land for which it is issued
by description, reference TO official map
and, when necessary, By plat upon the
certificate itself. The nature OF the APP
plicaut's estate is set forth, and any
easements, lease or membranes are
noted. II iOm ia given for entry oil future
notes showing the transfer, creation or
extinction OF easements, estates or in
crm brauces. The examiners OF title arc
faliib,e and provision has been made for
their mis- akes. When land is first
brought under the system an assessment
OF one hall penny in the pound Cor q
trtie more thsn l.5 OF | per cent? OF it's
value is levied. A similar assessment is
lev I'd upon land pas to the heirs or
devisses Of a deceased proprietor. These
assessments constitute guaranty fund
ifay 81 tsifeIf rights Pb1 V Wis rs
lsenance 10 ether persona OF cert ticates
ct title tn tnvif lands. The fund 40
created has in every c1.ony proved to he
far mere than sufficient for It's purpose.
loo much stress cannot be lad upon
the fact that this fund i'd created to IN
demniiy not the holder OF an erroneous
certificate. but tbs per en- who has been
deprived 81 GIs rights by the erfonsou.
Issuance OF certificate. The Ger.
tihcate cannot be rendered nuga-
tory except by fraud on the part
of its holder. 1t is common
impression that q certificate OF tllle Is
sued under the Torrens eYstem iH SIN lar
to policy OF insurance issued nv title
insurance company, the main supposed
difference being tina. one i6 lssiied by
the government the other by corpora
ton. Tine lie an entirely erroneous view.
The holder OF q Iorrens certificate in the
absolute owner OF the land described
therein, no matter what errors tire ez-
aminers o! Titles may lave made, aud
the person injured By sucn errors, upon
due proof OF lninry. Is entitled to in
demnlty from Tie guaranty fund, bnt
can assert no cAim TO the land itself.
The holder OF a policy ineuring histitl
must surrender hia laad, together with
all the improvements which he may
hage placed noon 10 TO any person who
can prove himself entitled to it and has
a right OF acLlon against the insurance
company for The amount oil the policy.
Having procured the issuance Of a
certificate, the next thing ia a transfer
OF land by tie nee. No claim against a
registered lie has any etf.ct whatever,
unless noted upon the registrars dupli-
cate, when consequently always ihows
the exuct condition oil the title. 1t fol-
lows, therefore, that a transfer OF land
can Do made as readily and simply as
transfer OF the capital stock of a cor
poration The seller end purchaser
having agreed upon terms, the seller
produces his certificate OF title, they go
together to tie registrars Office, and ii
III record SLOWS the title to be satisfac-
tory the transfer can be completed in a
few minutes, the old certificate sur.
rendered and cancelled, and a new GER
titicate issued TO the purchaser upon the
day. mortgage can re
made Just as expeditiousy. Of course,
the procedure is somewhat different
W hen one or both OF the partiee cannot
be present at the registrars office, but
then 1t is not materially different from
that necessary in transfers of stocks be-
tween non-residents.
AS an illustration OF the hardships to
which people are sometimes subjected
N dealing with land under the present
systems the speaker gave the imaginary
adventures of prosperous home seeker |
" hose career closed in pauper's grave,
md stated that each OF the incidents
t,aJ go nArolial amOusy tho !