The Portland daily press., 1894-02-15


resol,ItJon OF the General Assembly OF
the State of Illinois, made to the Gov
ernor of that State I'm 1893. well illus
trates the manner in which the Torrens
system can be adapted to our peculiar
Institutions, and at the same time work
out results nearly as advantageous as
those which the Torrens System secures.
The bill reported py tnls commission 10
the first complete measure which mas
been submitted to any State Legislature
in this country, and for that reason in
vites careful consideration. The report
ACCOMMODATING the bill points out it's sal
lent features. Recorders of deeds are
made registrars" and conduct all deal
ings with registered land, assisted by
deputies, and SUCH examiners OF tl6ies'
who must be memb ers of the legal pro-
fession. as may be found necessary. NO
new officers are created Registration OF
title is permissive. not obligatory. Inc
application and action on 1t follow the
general plan provided in the Australian
bill. Duplicat certificates are issue as
under that system. The statute of liml-
tation is reduced to five years. During
that period after the first registration OF
the land. the certificate of title is prima
facie proof. receivable in all courts that
the person named therein is the owner
of the land, After the expiration OF I'VE
years from the first registration, no
suit attacking the title of the registered
owner can be brought, and the certlh-
cate of title is conclusive proof IN all
courts OF the ownership of it's holder.
Provision is made for the protectlon Oh
the rights of all adverse owners whose
right Of action may not have accrued
at the time of registration, and proper
additional time is given in which TO
bring such actions. All constitutional
rights of any owner or claimant adverse
to the registered owner are fully pro5ect.
ed. All rights adverse to The title OF
the registered owner accruing' su bsequent
to the first registration are cut OFT ex-
cept as against fraudulent holder. The
bill provides for bond by the registrar
to protect persons injured by his mis-
takes. The act of the registrar in deal
ing with the registered title is held alb
solute and unimpeached, so far as any
rights arising subsequent to it's hrsb
registration, and this provision is
deemed not to be in violation OF any
within the power of the legislature to
provide that all right, estate or interest
in registered. land acquired after it's first
registration shall be acquired and held
subject to such power in the registrar.
The act becomes rule of property gov
erning all subsequent dealings after the
first registration, the same as if its terms
were EN- bodied In the instruments o.
conveyance Transfers of registered
land are made by the owner; who exc
cutes the usual deed (quit claim or war
ranty,) and submits it. together with his
certificates of title, to the buyer. In
every transaction the owner must pro-
duce his certificate of title. He can do
absolutely nothing without it: No new
forms of conveyance are required. Inc
BUYER, after inspection of the proper
f~i5,.y., Of f;tla I'm the raUiStar. and
finding thereon no encumbrance or lien,
safely pays over the purchase money and
receives the deed and certificate of title.
He then delivers them both to the regis
trar. who notes the transfer upon the
register This act operates to transfer
the title. No title passes by the delivery
of the deed, whosesole object is to author
i've the registrar to register the transfer.
A mortgage of registered land is effect
ed in somewhat the same manner. When
a mortgage is paid, a release of the same
is filed with the registrar, who there
unon notes the release upon The register
book as we'll as upon the certificate of
title. Registered owners, by deed or
other instrument fled with the regis
trar. may create such trusts as may be
desired The terms of the trust are not
set forth in the certificate Of title, but
after the name Of the trustee is Inserted
the words sin trust" upon condition."
or with Imitation as the case may
be, No susbeque transfer or dealing
can be had thereafter, except upon the
written opinion of at lest two OF the ex-
aminers of title, that the proposed trans
fer or dealing is in accordance with the
terms of the trust. condition or llmlta-
ton. No Judgment, decree, attachment.
lis pendens, mechanics lien, nor other
statutory or equitable lien except taxes
or special assessments, is a lien upon
registered land, until4a certified copy OF
the judicial proceedings, or a copy OF the
instrument upon which the lien is based,
is filed with the registrar, and brief
note thereof is entered by him upon the
certificate of title instae registrer. This
abolishes all general liens, and one deal
ing with a registered title can safely
ignore any lien not entered upon the GER
tificate of title in the register. Dover Is
preserved in registered land. and IN its
first registration, as well as In ali SUBJ
seauent dealings, the right of dover in
The husband or wife is recognized and
protected. The same. is true of the statu-
tory right of homestead. Upon the death
of a registered owner, for the purpose OF
distribution of his estate, his registered
lands are treated as personal property.
Before transferring or otherwise deal
inc with the land, the executor or ad-
ministrator must file with the registrar.
as authority for such transfer or dealing,
a certified copy of an order of the court
administering upon the estate of the
deceased owner. In the case of ordinary
distribution among devises or heirs, the
executor or administrator upon proper
authority from thes court appointing
him. will apply to the registrar to have
the land transferred to the devisee or
heir. The sale of land for the payment of
debts will be conducted as heretofore. On
filling in the registrars office the deed
and order OF confirmation of the sale, the
registrar will transfer the land. The
great advantages ofsthis change in adj
ministering upon land are manifest. All
questions concerning heirship, dover
and rights of creditors are thus conclus-
iyelv settled at the time, and do not con-
tinue. as now, to remain for years after
wards as possible defects in title. The
bill also furnishes a ready recourse to
a court of equity in all cases of doubt, and
for control over the acts of the registrar.
No provision is made for an assurance
fund; for all injuries sustained by
reason of the first registration, an owner
NAV still, as now, resort to the land it.
self. provided he does. SO within five
years. No fund is needed. to make good
such losses. AS to losses sustained by
registered owners through mistake or
error of the registrar in effecting subse-
ouent transfers or dealings, they do not
seau to he of sufficient frequency TO war