St. Paul daily globe., 1895-11-09

tate In or claim on the land known
to him, with the names and adj
dresses of the parties interested.
The registrar thereupon has the
examiners investigate the record
title and gives public notice of the
application, as we'll as notice to all
interested in the land in any way.
If the examiners find defects, the ap-
plicant is notified and time given to
cure them. If the statements of the
applicant are found to be true and
the examiners report his title good,
the registrar issues to him a GER
tificate, stating that the applicant is
the owner in fee simple of the de-
scribed land subject to whatever
liens may validly rest on it, specify
ing them on the certificate. This is
made in duplicate, one copy of which
the owner takes, the other being en-
tered.in the registrars office in rec
ord book Publication is made weekly
in county paper of the registra-
tions made. Provision is made for
issuing another certificate in case Of
the loss of the owners. Various 9TH
er provisions cover the case of at
tachments, executions, foreclosures,
mortgaging, leasing and other trans
ferS.
Section go declares the legal effect
of the certificate to be, except in case
of fraud, that the holder of the GER
tificate shall hold the land subject
only to the liens, estates and charges
noted on the certificate and to pub
lie charges No title adverse to a
registered title can be set up against
it based merely on adverse possess
sion. No person to whom the reg
istered owner sells and transfers
title is held to inquire into any mat
ter prior to registration. All inquiry
back of that is precluded. The Ger
tificate is expressly made conclusive
evidence of title in the holder in all
proceedings involving ownership. To
prove title the owner presents his
certificate instead of a chain of
title, each link in which is a valid
conveyance beginning with a patent
from the government and ending in
the owner.
When the owner sells he executes
a deed as usual, and gives it to his
purchaser, with his certificate of title.
The buyer presents these to the reg
istrar, who marks the record Of the
certificate Cancelled" issues a new
certificate to the buyer and enters
it on his record. A mortgage given is
noted on the record and also on the
certificate and Cancelled in the same
way. The applicant for registration
pays, with the filing of his applica-
ton, SIS, which covers the cost of
examining title, making notices and
other incidentals. On receiving his
certificate he pays S. For register
ing transfers and issuing new GER
tificates the fee is So, and for can
ceiling liens 81. An important feat
ure of the act is the provision for an
indemnity fund. The applicant pays,
on the issuing of his certificate, into
the county treasury, sum equal to
one-tenth of 1 per cent of the value
of the property as found by the
invests in specified securities. Out
of it is paid the claim, duly estab-
lished, of any person to any interest
in the land which had been omitted
in the examination. He is compen-
Sated, but the title remains secure.
In the experience of Manitoba and
the Australian colonies so small
sum as this had been found ample to
cover all such cases.
Practically for SIT and a mill on the
dollar of the value of the land the
owner is forever insured against at
lctSho Oll VI questioning VI iiiso SiSiS.
He can rest in absolute security.
This, in case of a land value of $10,-
900, would be $27. When one scans
the court reports and sees the amount
of litigation relating to land titles;
when one gets out of the accustomed
and realizes the absurdity of our
present method of proving titles, es-
peciaIIy when one sees the expense
| and trouble involved in abstracts of
title and the opinions of lawyers on
them, the marvel is that so intricate
and expensive a system has stood
as long as it has. The next great
advance will be in the adoption of
the Torrens system of titles and
| transfers.