The herald., 1894-02-25
REFORM IN TITLE REGISTRY
The Australian System of Re-
cording Land Titles.
Features of Reform Which Is
Simple and Effective.
The Present sys-em Compared with the
Proposed One-The Great Adj
vantage which Would Result
from q Change.

corder, and at present cashier OF the
First National bank, read paper be-
fore the Unity club last Wednesday
evening on the Torrens System of Land
Registry. The following is brief syn.
opsis of the address:
The subject Of registration OF land
titles lie 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
N Bulls, OF this city, to investigate the
system in use in South Australia, and
draft the legislation necessary to intro.
duce 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 consideration OF
every elector, and may rank as an issue
in the legislative campaign. 1t lie a
matter OF Importance to everyone-free-
holder or tenant. Whatever objections
may be justly urged against our present
eystem OF real estate law, it is neverthe-
less an accreton of customs, legisla-
tive enactments and judicial decisions,
radical changes should be made with
great caution. 1t ia the growth Of CEN
turtles, and by gradual transition meu
have passed from the primitive meth
DDS OF early times-when land could be
conveyed only by transfer of the ply
sical possession between persone
actuslly upon it at the time
to the present mode OF
10. 1n~ h.
meet which lie made matter OF public
record. Each step has been in the
direction of safety and convenience.
By the registration of land titles an
attempt ia made to advance another long
step in the same direction. Instead of
the record of evidence, record is made
OF the conclusion of a competent and
practically intallible authority. Evil
deuce ceaees to be of value when a
Judgment has been entered by the court
of last resort. Here we find the most
etrikipg and radical difference between
the two systems. The old system pre-
serves the evidence upon which en-
opinion may be based; the new system
undertakes 10 formulate an opinion,
place it beyond the reach OF successful
attack and then discard the evidence as
pUbEcbnluS HO luiAlet VdltS
TO compare tho merits OF the TWO sys-
TENS it ia necessary to compare the
methods employed in each Under ouI
present syetem the patent by winch land
ia granted by the government and every
ftitie 10 The land must DesHiaa euii c0t,.s I'd
into books in the reeUrdur's Office
Papers flied in legal proceedings Affect
Ing lands must be kept by tho clerk
n.
the records in the recorders Office have
Increased over 500 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 commodious
and well lighted offices, and in the Gus
tody OF reliable persons. None can be
discarded.
The official records being composed
merely OF copies OF the evidences OF til
tie. 1t becomes necessary for careful
man to ascertain the exact effect of the
evidence before completing any land
transaction involving the payment OF
money ny him. These copies being
ueually scattered through number of
volumes, the work OF finding those re-
lating to any part cnlar parcel Of land il
usually performed by eearchers OF rec.
ords and abstract companies. Althoup a
this work hEs been greatly facilitated by
the use of skilllully Devised and care
fully prepared abstract plants, it is still
tedious and attended with risk. after
being found their effsot must be passed
upon by competent person. Ii pu.-
nh hta. hna
from skilled and reliable parties a com
plete abstract OF title and favorable
legal opinion thereon, he cxn feel as
sured that II no error has been .::.sde by
the officials or their deputies ia record.
ing, by the searchsr in preparing his
plant or making his search, or Dv the
attorney in passing upon the title. he
has acquired title upon which he can
rev.
The system Of registration OF land
titles commonly known as the Torreus
system has attracted most attention by
the results obtained in n number OF the
British colonies. Registration OF titles
has long been in use in several European
states tnotahly la Hamburg for over
6OO years., but the system derives its
name from Sir Robert Richard Torrens.
duced in South Australia 10 1858. He
had become impressed with. the con-
fusion OF land titles in that country, and
decided that great improvement could
be effected by applying to the registra.
ton and transfer OF land titles the meth.
DDS used by the customs department in
passing the indefeasible title to ships by
registry. OF course those methods were
modified to meet their new
purposes. Each of the colonies which
the example OF South Australia
adopted the system, with notifications
to meet local conditions or prejndices,
until their various "lsnd acts" now
present many points Of difference, prin
,ipally, however, in the character of the |
certificates issued. The object OF con- |
'raating our system with the Torrens
'ystem can be best accomplished by |
only the methods employed |
n the issuance of certificates OF indie
eaeibe title, and their use in conveying
md mortgaging real estate.
There is still in use in each of the
colonies referred to system of public
ecords, which in the main ls similar to
,ur own. No person holding land at the
late when the new system went into
operation is required to register his title
hereto, but after having been once reg
stored the title to a parcel of land can
lot be Withdrawn from registry. Upon
be establishment of the new syetem
II crown lands were made subject to
ia provisions, and as owners of lands