The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-29
A New System Advocated
Here.
II Began as a Joke in the
Legislature.
The Difference Between the Old and
New--Sir Richard Torrens.

On the 25th OF May, 1895, when the last
General Assembly adjourned without day,
there was a more or less frivolous begin
ming OF what is apt to be rather weighty
legislation and perhaps In the enactment
of laws which will revolutionize the mat
ter of transferring real estate in Rhode
Island. Representative Smart had heard
of the Torrens system OF land registration
and made 1t his hobby during the last
days of the session. No one else knew
anything about it, and for the simple rea-
son that Mr.. Smart took 1t seriously no
one else paid any attention to 1t. Finally
on the last day the House humored the
enthusiasm OF Mr.. Smart, who wasn't
coming back, by passing a joint resolu-
tion to appoint a joint special committee
to investigate the Torrens system and re-
port on the ACCESSIBILITY OF adopting IL in
Rhode Island. Then In the same spirit
which prompted the resolution to build
the Defender out of Westerly granite
Speaker Allen appointed Representatives
Charles ii. Smart of Providence, Lafay-
cite Il. Moyry of Smithfeld and Richard
q. Rowland OF Scituate. In the Senate
Governor Brown took the matter seriously
and appointed Senators Hoxsey of Vest
erly and Senator Watson OF jamestown
and for the two outsiders called for by
the resolution, he chose Judge Stiffness OF
the supreme Court and Attorney James
1~ilinghast. This committee OF seven
has been hard at work and got SO far in
their investigations as to heartily approve
- l. 80. - H. 1900 s.z-
view Judge Stiness said that II was an
excellent thing. A favorable report
will in all probability be made to the
present Assembly.
The Providence recorder OF deeds, Mr..
Joyce, hopes that ii will be adopted and
claims that II it is the work Of his Office
win he greatly simplihed and the facili-
ties for the public materially increased.
in Massachusetts, the question was first
brought by Governor Russell in his in
augural address Of 1891, and there has
been a fight for its adoption by the Bay
State Leg ~islature ever since. 1t is one OF
the State issues in Maine and several other
states and Illinois has already adopted
the system.
WHAT IT Is
The Torrens system, like the secret bal
lot, originated in Australia and as the re-
suit of the ingenuity of sir Robert Rich
ard Torrens about forty years ago. He
considered that the old land system was
out Of harmony with everything elsewhich
had been improved and deyeloped since
the Middle Ages and he set about to get
anmat inn hattar for tho aolOnfeta apnnnu
whom he lived as an English representa-.
tive in the customs service He had a
scheme of his own for registering ships
and transferring marine property from
one owner to another, which had been
adopted. In tho free German cities OF
the Hauseatic League they had a similar
system for transferring land titles, and
Sir Robert Torrens combined the two.
His system was adopted in South Au-
stralia in 1858 and since then it has been
successfully introduced in all the British
Colonies OF the South Pacific and in
Ontario, Columbia, Manitoba and the
State of Illinois. The principa! point of
difference between the system now in use
in Rhode Island and the Torrens System
Is that at present real estate Is transferred
from the person selling TO the purchaser
or from the mortgagor to the mortgaged
by transferring the deeds and the attend
ant registration of tho deeds. The transit
tion under the Torrens system is made by
the simpler and cheaper process Of trans.
ferring the title which Is in itself a GER
tifcate OF ownership to the purchaser ar
mortgage and registering the title under
its new ownership. That is, in a new
community il the Torrsns system should
be adopted at the start each real estate
owner would have a ledger page in the
recorders Office and every transition in
which his property was involved would BE
recorded on that page until it passed out
Of his hands altogether and then its
record would be kept up continuously
under the name of the new owner and the
title would be transferred from the first
to the second. In other words the whole
story of a piece OF land would be avail
able at a glance and the necessity of hir-
ing experts to look up the validity OF
deeds would Re lone away with.
ToRRENs' CLAIMS.
Sir Robert Torrens himself saws of the
system: cit is not necessary to examine
abstracts Of titles-these no longer exist,
they having been delivered up to the
registrar or recorder and that officer,
whenever he grants a certificate OF titles,
cancels all previous evidences OF titles.
Accordingly an investor runs no risk OF
a blunder or any incompetency Of the
convey ANGER or examining So
licitor. Every transaction has
its complete security and tnality.
In short the benefits which have attend
ed this measure, wherever adopted In its
entirety may he summed up "a follows:
1t has suns ituted security for inse-
curity. ~
IL has reduced the cost Of Conveyance
In frnhn Il unra In nnnta md the Lima