Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-07-02
REGISTRAR OF TITLES
Scope of the Measure Introduced BY
Senator Mcmillan.
CREATES A new DISTRICT OFFICE
A Comprehensive Bill That Will
Settle Many Land Disputes.
ITS EFFECT IF PASSED

The bill introduced in the Senate on the
18th ultimo by Senator Mcmillan has the
rather vague title Concerning land titles
In the District of Columbia" but an ex-
animation of 1t shows that it is a most i'm
portant measure, and If adopted into law
Will nave widespread effect in the District
Inc bill, which Is voluminous one en-
praclng ffty-two pages, provides that the
recorder OF deeds Of the District of Column
Ola snail be also registrar of titles for the
Dlstrlct, and that his deputy or deputies
snail be deputy registrars. 1t provides thai
the registrar shall give bond in the sum
OF 100000 for faithful performance of DUTY.
ana that he shall have power to appoint
Two or more competent attorneys to be
examiners of titles and legal advisers
whose compensation shall be the same as
mat of the deputy recorder Of deeds. These
officials will also be bonded
me owner OF any estate or interest in
lahd' whether legal or equitable, may ap-
ply according to the bill, to have his title
registered. NO mortgage, lien charge or
lesser estate than a fee simple shall he
leslstereo, unless the fee simple to the
same land is first registered, and it will
not be all objection to bringing land under
the act that the estate or interest of the
applicant Is subject to any outstanding
mortgage or lien, but every such obligation
IS required to be noted upon the certificate
OF title and the duplicate of it.
Titles to Tax Sales.
No title deri yed through sale for anv.tax
or assessment Will be entitled to registra-
tfon unless it shall be shown that the an
p1cant has been in undisputed possession OF
the land for ten years, and has paid all
n
upon for seven successive years of that
time. Very full and comprehensive direc-
tlons are given in the bill of the procedure
TO be followed in making application for
titles, and the form of application is in
cluded, being section 13.
Powers of the Supreme Court.
Section 10 is important and provides
that the application for registration may
be made to the Supreme Court of the Dis
trict of Columbia, and said court shall have
power TO inquire into the condition Of the
title and any interest in the land, and any
lien or incumbrance thereon, and to make
all such orders. judgments and DEGREES as
may be necessary to determine, establish
and declare the title or interest legal or
equitable as against all persons, known
or unknown, and all liens and incum-
brances existing thereon, whether by law
contract, judgment, mortgage, trust deed,
or otherwise, and to declare the order and
preference as between the same and to re-
move clouds from the title. and for that
and such orders, judgments and DEGREES
may be made and entered as we'll in vaca-
ton as in term time.
Notices to he Published.
Further on the bill provides that the
clerk OF the District Supreme Court shall
cause notice Of the fling of each applica-
ton. to be published once a week for four
successive weeks in two daily newspapers
published In Washington. The notice must
contain a description of the land noted in
the application, and announce to all whom
1t may concern that unless objection be
made within thirty days after the filing of
the application, and cause shown why If
should not be granted, decree will be en-
tered according to the prayer of the appli-
cant.
Persons opposing such applications shall
state particularly what their interest in
the property Is, and make full answer to
every material allegation in the appica-
ton, and verify the same by affidavit
The court is not to be bound by the report
of an examiner of titles but NAV reulIre
other or further proof.
When the court DEGREES an application it
is provided that no person shall commence
any action at law or in equity for the re-
covery of lands unless begun within two
years after the entry of the order or de-
cree.
The bill goes on to provide the rules of
transfer trusts, conditions and limitations
transmission; dealings of assignees, recev-
ers, masters, and so forth; judgments, pro-
ceedlngs in chancery: proceedings to re-
cover compensation for loss or damage,
and penalties for fraudulent procedure in
procuring titles under it.
Each applicant on filing a petition will be
required to deposit S. with the clerk of the
court as docket fees. The registrars fees
will be $15 in advance upon applica ton for
initial registration, which will cover all
services up to the granting of the certifi-
cate OF title. For granting certificate 81
Will be charged and other charges are also
provided for registering transfers of titles
and other duties.
A Title Law Needed.
visit to some of the leading real ,es-
tate men and owners of District property
this morning discovered little or no know!-
edge Of the contents of the bill ON their
part but the general opinion was expressed
that some good title law is badly needed
here. because SO many titles are clouded,
and the sales or transfers of many very
valuable pieces Of realty are prevented by
this state of affairs
It is also said that the; adoption Of such
law would definitely determine the titles
to very large amount Of suburban real
estate, which Is now affected by the scheme
or suburban street extension including the
proposed Fort drive originated by Maj
arrived at regarding the Fort drive, there
is vast amount Of property lying in its
proposed course which is seriously affected,
IN commercial sense, by the project
Would-be purchasers are prevented from
considering or making terms, because they
do not know what the outcome Of the sug-
gestion of the former District Commits
sioner will be.
Senator McMillan's bill will probably be
eagerly sought fori now that The Star has
lhdlcated Its purposes, which the title of
the measure does not clearly show.
Transferred to the Soldiers Home.
Captain Charles NJ Candy. assistant sur-
geon on duty at Washington barracks bas