The record-union., 1897-06-24

brance prevent registration, but the
liens are to be set out in the original
certificate No titles by tax sale or
assessment are to be first registered,
except under an order of court finding
that the applicant has been in undis-
puted possession five years and has for
five years paid all taxes on the land.
The fling of the application is notice
to all subsequent purchasers.
The Superior Court sets a time for
gives notice to all interested. and to
owners of adjoining lands. Any one
interested may appear at the hearing
when evidence may be taken. If it is
found that the applicant is the owner
and that all defects in the title have
been cured, a decree to that effect is
entered. whereupon the County Reg
istrar makes the original certificate of
title and proceeds TO bring the land un-
der the operation Of the act and sup
plies the owner with a duplicate certifi-
cate
The decree and registration are to
be deemed final and conclusive proceed
ings against the claims of every one.
At any time before entry of judgment
an applicant may withdraw the appli-
cation for registration. The Regis
trar is to enter on the books provided,
the fact of the issuance of the certifi-
cate, in detail, with notes of all liens,
membranes, etc. Tenants in COM
mon may receive one certificate or
separate certificates. On surrender of
several certificates of title the Regis
trar may issue a single certificate, for
the consolidated title to the whole land.
If duplicate certificate of title is lost
or destroyed, another may issue by
order of the court, and errors as to the
name of the owner may be corrected
by court order.
The original certificates of title are
to be recorded with all memorials and
notations of the certificate, or relating
to it. Every title certificate is to bear
a number corresponding to the folio of
registration on the registration books.
Every transfer of title is deemed reg
istered, when the new certificate to the
transferee has been marked, as in case
of the first certificate, and all dealings
regarding the land are deemed reg
istered when the memorial or notation
is entered on the register Any one
aggrieved by any act or refusal of the
Registrar, may bring an action to have
the matter determined
The effect of registration of ones title
to real estate. is to empower the regis
! tered owner to hold the land subject to
| liens or mortgages noted on the last
certificate of title, except as against a
lease and occupation hereunder pub
lie highways described in the certifi-
cate, subsisting rights of way or ease
ment, taxes, and special assessments
for which a sale of the land has not
been had at the date of the certificate
of title. and finally liens under Federal
or State laws.
After land has been registered no ad-
verse title can be acquired byreason of
length of time of possession. Except
in case of fraud he who takes a trans
fer of registered land. is not held to
inquire into the circumstances under
which registry was made, and no such
person is affected with notice, actual
or constructive, of any unregistered
liens or claims. knowledge of such
unregistered liens shall not be imputed
as fraud, but fraud shall not destroy
any of the rights one would have had,
if the land had not been registered.
No unregistered claim or lien, or as
serted title or contract, can prevail
against the title of a bone fide regis
tered owner, or those claiming under
him. The certificate is conclusive ev-
idence in suit for specific perform
ance against one who has contracted to
purchase not having notice of fraud.
| The certificate is conclusive evidence
in ejectment, or partition suits Suits
to recover the land or assert any inter-
est therein, or to make adverse entry,
are barred after five years and no ex-
| ception is made in favor of lunatics, or
| infants, except it is made to appear
that the claimant of the right to sue
had no actual notice of the proceedings
affect the rights of any one in the land
acquired after registration
| If under a claim OF title or lien or
| chose in action the right of action
had not accrued when the land was
registered, the claimant may bring his
suit to assert his right within one year
after the right to sue has accrued, or
within five years after the act of reg
istration, if he has filed with the Reg
| istrar a notice of his claim If one
wishes to transfer his registered land,
or part of it, or an interest in it, he
may make the usual deed and file it
with the Registrar, and surrender the
| duplicate certificate of title and the
transfer shall be complete, and the
Registrar must issue a new duplicate
certificate or certificates, certifying
where the title resides or part of it and
make notation on the original certffi-
cate of the fact.
| If part of the land is sold, new du
plicate certificate issues for the un-
sold portion. The Registrar is to keep
all papers filed regarding title and is
to furnish copies to any one on de-
| mand and paymeut of a fee therefor