The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-23
SYSTEM OFF REGISTRATION.
ELABORATE SAFEGUARDs TO PRE-
VENT POSSIBILITY OF ERROR
OR FRAUD.
Registers of Deeds Made Registrars
of Titles Under the Provisions
of the Act.

uuCeu into the house during the pres
ent session is the Torrens land system
bill, sent up by Representative Feig,
of KandiyOhi. Illinois passed q similar
law, which, has recently. been declared
unconstitutional. Representative Feig,
however, thinks that he has strength
ened the points which were found vul-
nerable in the Illinois statute, and that
this will stand the test of the courts
when called upon, If it. becomes a law.
The document is very voluminous, but,
frcm the following, a general idea can
be obtained Of the object of the law:
Under the provisions OF the bill the reg
listers OF deeds In the several counties shall
De registrars Of titles, and their deputies
| ShalI be deputy registrars Each shall give
pono VITA suftcient security, to be approved
by the Judge of the district court in the sum
OF wv ,OO0-except that in counties having
population OF more than 1G0, 600 inhabitants
the bond shall be 500 000--condtioned for the
ra1thruf discharge@M his duties. No registrar
or deputy shall practice as attorney or coun-
setor at law, nor be in partnership, while in
once, with any attorney or counselor at law
so practicing, but shall appoint in his coun-
", TWO or more competent attorneys, to be
examiners of titles and legal advisers of the
registrar. Their compensation shall be fixed
iStrars.
The owner OF any estate or interest in land
may apply to the registrar of the county in
wnicn the land Is situated to have his title
registered. corporation may apply by its
authorized agent; an infant, by his natural
or legal guardian: any other person under
disability, by his legal gguarddan. The appt-
cation shall be in writing, and shall set forth
the name and piacesDf residence of the appli-
cant, and the description of the land the
appncants estate or interest whether the
lana Is occupied or mnoccupied, and whether
1t rs subject to any lientor incumbrance, and;
whether any other person has any estate or
CLAIMS any interest in the land, In law or
equity, any number OF contiguous pieces of
f1and' inthe same county, and owned by the
same person, and in the same right, may be
included in one application. - bernie -
upon such application being filed with the
registrar he shall scause examinatfont1tea be
made into the applicants title to the land,
ana particularly whether the land is oecu-
pied; the nature of the occupation If occu-
| pied, and by what Eight, and shall notify all
I persons who shall appear by the application
| or otherwise to- have any interest in the
rand, OF such APPLICATION. If 1t shall appear
10 the registrar that the facts stated in the
application are true. and that the APPLICANT
| Is the owner OF the land, he shall issue GER
tlncate Of title and proceed to bring the land
under the operation Of this act. Otherwise he
shall dismiss the application without preiu-
olce.sS>Not certificate Of title shall be issued in
any case until the written opinion of at least
two examiners shall be filed with the regis
trar to the effect that the applicant has
good title a.-t, =
Certificates of title shall be numbered con-
| secudvely. Every certificate of title shall. be
IN duplicate, one copy to be retained by the
| registrar and be known as the original and
the other, to be known the duplicate,
/ snail be delivered to the owner. In all cases
/ where ntweT more persons ARE entitled. as
/ tenants in commons to an estate in registered.
land, such persons may receive one certificate
! Tor the entirety, or each may receive a. sep
| arate certificate for his undivided share. In
! the event OF duplicate certificate of title
Deng lost or destroyed, the registrar If sat
! lsned as to the bona f1des Of the transaction
shal! issue to the owner certified copy of the
| original certificate, and such certified COPY
shall stand in the place of and have like effect
as the missing duplicate certificate
| The registered owner of any estate or inter
! est IN land brought under this act shall ex-
! 'cept IN, case OF fraud, to which he is party
or OF the person through whom he claims
| without valuable consideration paid in good
talth, hold the same subject only to such es-
-tates mortgages, liens. charges and inter
! ests as may be noted in the last certificate
OF title in the registrars Office.
After land has been registered no title in
derogation to the title of the registered owner,
shall be acquired by any length of possession
merely. Except in case of fraud and en-
cept as otherwise provided no person taking
/ from the registered owner a transfer OF reg
lstered land, shall be held to inquire into
tne circumstances under which or the con-
! sideration for which the estate or interest
| OF such owner or any previous owner was reg
| 1stered, and the knowledge that apy unree-
| 1stered trust or interest is in existence shall
not of itself be imputed as fraud
registered owner Of land desiring to
ulstlnct parcel Or TO grant out of his estate
an estate for life or for a term of not less
than ten years, may execute to the intended
| transferee a deed or instrument of convey
| ance in any form authorized by law for that
purpose. And upon filing such deed or other
instrument In the registers office and sur
rendering to the registrar the duplicate GER
tlhcate of title, and upon it's being made to
appear to the registrar that the transferer
! has the title or interest proposed to be trans
ferred, and Is entitled to make the convey
| dnCe, ne shall ISSUE in duD1ipato
new certificate certifying the title to the es-
tate or interest in the land desired to he
conveyed, to be in the transferee
No transfer of title to land or anv estate
or interest therein, Ior mortgage shall be reg
| 1stered until it shall be made to annear Io
the registrar that the land has not heen sold
for any tax or assessment upon which a decd
mas been given and the title is outstanding.
! OF upon which deed may thereafter be given
nor until it shall appear that the dover, right
Oh uoWer, ana estate of homestead if any
| have been released extinguished, unless the
transfer or mortgage is intended to be sub
?ect thereto, in when case it shall be so stated
In the certificate of title.
Whenever a deed is filed in registrars
once Tor the purpose of effecting a transfer
OF or charge upon registered lands, and II
shall appear that the transfer is to be unon
some trust, the registrar shall unless the
deed expressly directs to the contrary note
IN the certificate words "in trust" and no
transfer of or charge upon, dealing with
the land, estate or interest, shall thereafter
be registered, except upon the written opinion
or two examiners that such transfer charge
or dealing is in accordance with the true in
tent OF the trust.
Lands registered pursuant to this act shall
upon the death of the owner go to the per-
sonal representatives Of the deceased in like
manner as personal estate, whether the owner
dies testate or intestate and shall be subject
to the same rules Of administration az If
the same were personally, except as other
wise provided in this act and EXCEPT that the
rule Of division shall be the same as in the
descent of real property. For the purpose of
final distribution, the court Of probate NAV
determine the rights of all persons in regis
tered lands, declare and enforce the rights
of heirs, and make partition and distribution
according to the rights of the parties.
tax deed of registered land issued in
pursuance OF any sale for tax or assessment
shall only have the effect of an agreement
for the transfer of the title upon the register
and may be filed in the registrars office and
transfer effected as in of other deeds
Of conveyance. But no certificate of title
shall be issued until the expiration of two
years after the date of filing such deed NOR
unless the deed is $50 filed within sixtv DAYS
of It's date, nor unless 1t shall be made to an
pear to the registrar that the time for re-
demption allowed by law to any minor heir
idiot or insane person interested in the land
has expired, nor unlessrit shall appear to the
registrar that all persons Interested in thn
land and the person who appears by the col
lector's books to have paid the tax last Maid
nave had at least ninety days notice of the
application for such certificate of title. and
that the terms Of this act have been com
piled with.
Any person feeling himself aggrieved bv the
action of the registrar or by his refusal to ACT
in any manner pertaining to the first raoi.tro
ton of land may file his bill or petition in
equity in any court of competent Jurisdiction
making the registrar and other persons whoce
interest may be effected parties defendant
ana the court may proceed therein as in
n hAr In ffp