The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-02-24

ueiay; is from fifteen to thirty DAYS. more usT-
bn;yre ene latter than the former. These figures,
IN neI, 90 not show the most glazing defect
~ the system. Let us suppose that a large
Sd aS OF land is cut up into subdivisions and
sIiu at general sale 10 various purchasers. Al
lnougn the title is the same for eyerv lot vet
eaon purchaser probably has a separate alb
SSIact prepared and is obliged to pay separate
ho W an attorney, SO that the same work must
We sone over by each grantee. But this merely
SGes me machinery in motion, for thereafter,
Mnen each OF these lots is transferred, there
tluSt De an INDEPENDENT search running back
~ root OF the title, and OF course additional
costs incurred
IL is thus seen that the present system neces.
S,ea'es very large expenditure both OF time
aHu money which benefits neither OF the par
,res 10 the transaction, but IS bonus palo
on account OF the defects in the machinery or
tIdnsler 1t amounts to tax upon alienation
unu an onerous one at that.
SUCCESS IN AUSTRALIA.
The report of the commission referred to in
your columns of the 18th inst. depreciatlng
the system, did not refer to the Torrens act IN
Australia but to the operation OF Lord West
oury,s act of 1862 and Lord Cairns act
statutes differed radically from the Iorrens
act In fact the course of English Legislation
on this subject points to an unquallhed IN
dorsement OF the Australian system IN the near
future. A writer for the American Law Review
OF April, 1894 says:
Notwithstanding the disadvantages [of the
English acts] the permlsslve features or the Dill
allowing registration of title have been grow
ing in favor, so that the Registrar General OF
England reports that the number OF registered
owners is steadily increasing, and that the
manifest advantages OF a registered title are
generally overcoming the deep-rooted opposl-
ton of the English landowner TO having MS
title a matter OF public record. In 1881 a
more sweeping measure adopting the Iorrens
system passed the House of Commons and was
defeated in the House OF Lords by narrow
vote"
The operation of the australian act has been
uniformly successful. In the Westminster Re-
view for July, 1886, the following resume OF It's
workings appear:
1.-THE measure was introduced into South
Australia first in 1857, as already stated. In
the course of the first eighteen months more
than 1000 applicants to register titles came
forward voluntarily, out of a population of
100, 600. The act was so successful in South
Australia that it was copied in Queensland in
1861, where now over IS per cent OF the whole
land of the colony is registered; in Tasmania
in 1862, in Victoria in the same year; in New
South Wales in 1868, in spite of some misgiy
ings lest the greater antiquity of that colony,
founded in 1888, might render it less suitable,
which misgivings soon proved groundless.
New Zealand and Western Australia followed
in 1870 and 1874, thus completing the entire
list OF Australaslan colonies.
GAS to its results Sir Arthur Blyth, X. c. NJ. G.,
agent-general for South Australia, says: Reg
istration OF title is now almost universal For
one transaction under deeds there are thou
sand under the act. r In Tasmania it is
an everyday occurrence for parties TO come to
the Office, sign the proper forms, filled up by
the clerk according to their instructions, pay
over the purchase money or the amount lent
then and there at the counter, and walk off
with their business completed. From New
South Wales we learn the public generally
have become so accustomed to our certificates
as in many instances to decline accepting
property except the title is registered. In New
Zealand a large proportion of land transfer
business is transacted by unprofessional per-
sons licensed as land brokers, and who readily
acquire the necessary familiarity with the sys-
tenn"
Constitutional objections: have previously
pointed out the conclusions OF the commission
of Illinois appointed 10 investigate this SUBJ
jsct. They reported that there were no insur-
mountable constitutional objections to the
operation of the act in the United States. 1t
being conceded that an action to quiet title
against all owners known and unknown gives
an indefeaslble title against the world, the con-
stitutionality OF the Cook County act would
seem to be proven. If every landowner in the
State should Immediately begin an action TO
quiet title against all persons and should OBJ
tain decree to that effect conclusive start
ing point for each title would be obtained. A
future searcher of that title need not examine
beyond that decree. land transfer statute
could accomplish this same result and with
infinitely less complication by the creation of
short period OF limitations, that is, the desig
nation of an arbitrary period within which all
persons must prove their claims or be there
after barred.
The statute is set in motion by the filing with
the registrar, and thereafter no action is
necessary, unless adverse claimants appear.
The claim ripens into perfect title by lapse of
time.
The second constitutional objection, viz,
that the registrar must exercise q judicial
function, is met by the insertion of covenant
running with the land, by which that official
is made the arbitrator between all parties who
may lay claim thereto. No such wholesale ''ar-
bltratlon" has been heretofore attem pied so
far as know, but from the rulings of our courts
in other common arbitration causes there
would seem TO exist no good reason against it.
a discussion. however, at the present time OF
the constitutionality of the act is of little
value. This question must shortly be deter
mined upon cases arising under the Cook
County Act and ConclusiVely settled. The
main thing now is how the practical workings
OF the system Will result. Although far
reaching in its results, the act in the main
and practical operation in other countries
shows it to possess at least the following advan-
tages:
First, expense-The cost of q single transfer
will not be greater than So.
Second, Observation-Disclosures land may be
sold or mortgaged by the transfer of certif-
Gates easily accomplished in an hours time.
Third security-By each transfer the title is
quoted that is, the same result is obtained as
would be gained by decree quoting title after
proper legal proceedings had. Therefore no
search back of the certificate is necessary.
Fourth-The records become less cumber-
some and all the machinery necessary to tran
scribe documents is done away with.
WARREN GREGORY.
NORTH SIDE IMPROVEMENTS.
Herbert Z. Law in an interview the past
week said in speaking of the improve
ments being made on the north side of
town:
The grading of Van Ness avenue north of
Union street has already made quite change
in the appearance of the district. The water
and gas pipes are now being laid, cross line
sewers have been completed during the past
week and the work OF illuminating is now to
be pushed to finish. Work is to be begun
shortly on Bay street, between Polk and Van
Ness, which will give direct connection
from the north side boulevard with Van Ness
avenue, thus making continuous drive from
the ferry front along the shore of the bay to
Golden Gate Park by way of Van Ness avenue,
Lombard boulevard and through the Preside.
Fort Mason is being graded, and when finished
Is to be attrsctively laid out under the excel
lent direction of General Forsythe. Few OF
the general public are aware that at the end
OF Van Ness avenue there is q fully improved
park occupied by the Federal Government for
military quarters.
The added Improvements will make it one OF
the most slightly parks III the city because of
II does the entire bay, and situated right on
the waters edge. 1t contains sixty acres.
While not so large as the Preside, It's water
frontage and easy accessibility, with its mag
nlficent view, give il great attractiveness.
We see by far too little of our magnificent
bay with the chain of mountains for back
ground, and the commanding islands and in
lets which give it a beauty never forgotten by
one who has ever seen it, and impressng upon
one the great but almost unknown commercial