The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-10-18
Examiners to
Be Named
FOR WORCESTER.
Parker, Hopkins and Merrill
Are the Three.

DiSlLiCl attorney herbert Parker
w. S. B. Hopkins and Charles A. Mer-
rill, Esq, are TO be the off al exam.
iners of titles in Worcester county UNI
der the operation of the new Torrcns
law providing for the registering and
confirming titles to land.
Judge Boyd 3. Jones Of the court OF
registration makes the appointment OF
the several examiners, and today tbs
announcement is made of those select
ed for Worcester. who include the alb
lest members of the Worcester bar,
and give to the operation Of the new
act a dignity and importance which is
wen worth its wide reaching magni-
tude.
Judge Jones Of the court of registra.
ton and Assistant Judge Charles T.
Thornton Davis were recently CON
firmed in their appointments, and with
their confirmation the selection of all
the officials to execute the new act,
was Immediately considered.
The act distinctly provides that the
judge of registration may appoint one
ar more examiners of titles in each
county, and as Worcester county has
NhC ECSl DuSlufSS III TIE
state with one or two exceptions. it
has been deemed necessary and advis-
able to appoint three title commission
ers or examiners of title as they are
officially named
The business which has been transac-
ted through the registry of deeds office
in Worcester county, has been of such
magnitude, that the examination OF
titles could not be performed by one
title commissioner alone, and the wol k
VIII be divided among the three who
have been chosen to fill this high Of
flee.
All the leading counties of the state
will have three title commissioners,
while In the smaller districts where the
volume of business done through the
registries of deeds has been less, one
title commissioner will suffice.
The Myers law, embody1ng the prin-
ciples of the Torrens system in Austria
liza for the registering and confirming
titles of land, further provides that
the examiners of titles whom the jus.
tice Of registration may appoint, shall
be attorneys at law, and shall be sub
ject to removal by the supreme judicial
court Thus title commissioners viii
enjoy practically life tenure in office
or during good behavior, as qualified
in the case of the head of the court it.
self.
While the salary of Judge Boyd. who
appoints the title commissioners il
$500, the assistant judge, Charles
Thornton Davis, of this city
$4560, the salaries of the examiners OF
titles and all assistants are fixed by the
governor and council. All salaries anc
expenses of the court are to be pait
from the treasury of the common
wealth
In the operation Of the act It is fur
Their provided that Immediately after
the filing with the court of an appli-
cation for the registration of a title and
of confirming it, the court shall enter
an order referring it to one Of the ex-
aminers of title, who shall search the
records and investigate all the facts
stated in the application or otherwise
brought to his notice, and file in the
case report thereon, concluding with
certificate of his opinion upon the IT,
tie. If the opinion of the title COM
missioner is adverse to the applicant
he shall be allowed by the court a rea-
sonable time in which to proceed fur
Their or to withdraw his application.
If in the opinion of the examiner the
applicant has a good title as alleged
and proper for registration, or if the
applicant. after an adverse opinion OF
the examiner, elects to proceed further
the recorder shall Immediately upon the
filing of the examiners opinion or the
applicants election, as the case may
be, cause notice of the filing of the APP
plication to be published by the record
er in some newspaper published in the
district wherein any portion of the
land may lie.
The authority of the court Of regis
tration went into effect last week
when the two judges of the court OF
registration qualified and now the
plans for the connection of the law un-
der which the court has been created
are gradually unfolding themselves
and the times of the court sessions and
the places will shortly be announced
1t is provided that different sessions
Of the court may be held at the same
time, either in the same county or in
different counties, as the judge may de-
eide. and they shall so arrange the SEES
sions as TO insure a prompt discharge
of the business of the court.
The court is TO hold its main sessions
in Boston, but may adjourn from time
to time to such other places as public
convenience may require. A regular
time VIII undoubtedly be set for SEES
sion in Worcester county.
The appointment to the positions OF
title commissioners Of such eminent and
able members of the bar as have beer
appointed shows the importance of tbs
new law and how great the responsible
ity there is to deVolye upon the exam
iners The selection of such leaders al
the bar gives the law an added dis.
tinotion, and the people of the state vii
begin to realize how essential it is thai
the new law, at its start, must be wise.
ly executed
When the appointment Of a title com
missioner was first considered, and II
had not been decided whether to have
one or more, there were few names IL
the field Elliot II. Peabody, who has
done a large amount of the title exam
ination for the Metropolitan water
board in connection with the great ba.
sin transfer and also for the city o.
Boston. was prominently mentioned