The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-06-29

victorian act, and, as in the act the OBJ
OF title and facility of proof and. secondIv.
simplicity in dealing with land brought underr
the operation Of the statute. The first result
suing certificate of title, which is a snecial
document provided by the act that has the
enect OF declaring by statutory authority that
r rae, person 9 therein mentioned as being the
registered owner OF the specified estate has
an indefeasible title thereto as against ali
the .i,s,,, world a. and consequently dispensing
n wlen the series of documents heretofore
changes in ownership from the original grant
ana at each change giving rise to inquiry as
and professional. skill being of necessity in
title" - VAC o"aih VI
Il. The principal Distinguishing features of the
states and provinces, are:
First-lts use is optional. No land owner
The n op zig 10 register He may continue under
istered no property can be withdrawn from
the registry. Experience shows that when
! ever the system is adopted it grows in favor.
registered titles are always preferred by
purchasers Registry therefore adds to the
value Susoa and marlke;abil,ty Of property.
c,n nsscona.Admission to the registry is con-
OF which investigation is not necessary.
inirdZA so-called Tolrsns title is absolute
respect than the best title insurance. Under
insurance the company may fail, and both
property and insurance be lost. But the
state cannot fail and it is responsible for its
certificate of title. Reg strat;on fees become
an assurance or indemnity fund for the pro-
lection of certificate holders or others who
may have been defrauded by their issuance.
Titles may not only be absolute, but also
qualified or possessory; the certificate indicat-
ing in each case the respective and defni,ive
character of title conveyed. Regarding the
value Of the qualified or possessory title,
Jones, on the Torrens system, has the fol-
lowing:
Tbn IF -
tigation of title Chat is with a possessory
title), as proposed in the report of 1870, is
thus stated by the commissioners: Suppose,
simple in December, 1858. we see no re reason son
why he should not register his purchase in
January, 1869. The effect would be this: He
wanted to sell in February, 1869, his registra-
ton would avail him nothing in his dealings
with the purchaser. 1t would only be of use
become registered owner without further Of
fetal Investigation; but the purchaser would
OF course require the same proof Of title
But suppose five years elapse before the own
.er wants to sell, the purchaser would still
probably require proof Of prior title; but at
point to the register, and, If clear of notices,
escape showing title for that time. If thirty
years elapse few purchasers would, accord
other title If sixty years now forty years.
elapse none could require any other. Thus,
lapse of time will confer q title increasing
in validity till it becomes marketable, in
the technical sense. and practically indefeas-
ible. It is as If filter were placed athwart
muddy stream; the water above remains
get so far down the stream as never to have
occasion to ascend above the filter it is the
same thing as though the stream was clear
Fourth-It is inexpensive. 1t has been in
operation in the Province of Manitoba for
the past thirteen years, under the following
value, 500 to 81 coo; fee. 81: 10 to s7.oo
value 5000 to to S. SSS;; fee fee, $500 to 5000
s., 600 varying as to original grantee or 9TH
er than original grantee, the latter being
slightly higher. General search, 81; transfer,
$3.50
/ Fifth-It is expeditions No submission Of
abstract, and no examination by attorney Is
necessary. Buyer and seller, or borrower
and lender, go together to the office OF the
and concluded.
A change from the old system to the new
involves, of course, a new set of officials, de-
pending in number and Importance on the
particular form or systefr>-of regis ration to
be adopted by the legislature. A state reg
istrar, or registrar general, board Of ex-
aminers, and body of deputy registrars
/ would be required. The manner of transfer
ring from the old to the new system is clear
Theo. sheldon. of Chicago, as follows:
Titles are registered or brought under the
system in the following manner: The owner
or owners in fee either at law or in equity,
may. make application. if desired, to have
their title registered. The application, along
with the deeds and other evidences and alb
| properly qualified persons called examiners
of titles. In Australia tseir fee is about S..
| In Illinois it should not exceed $40. These ex-
aminers search the title precisely as counsel
now examine for an intending purchaser, and
report to the registrar o. whether the land
rs clearly and properly described, %. wheth r
= ~, 1rt1dte tod
sion of the land, (3) whether he appears law
fully and rightfully entitled thereto; and az
| whether ne produces such evidences OF title
as show that other person could succeed
! against him in an action for ejectment If
the applicant fails in any of these requisi-
tons, his application is at once rejected with
/ cept the title, the application is advertised by
the registrar for given number of weeks
before issuing certificate of title: The ex-
aminers also report the names of the perso s
in possession, all persons likely to be inter
i ested either at law or in equity, and who
have not Joined in the application; and also
To all such persons notices are issued by tie
! registrar directed to the sheriff and served
| in the same manner as our chancery sum-
| mons. In case of non-residents, service is
had by delivery of a copy of the notice or by
publication. All these possible claimants are
| treated as defendants in an equity suit. They
| are bound by the proceeding. The notices
| sent out by the registrar state the purport of
the application, and that if no objection be
made by fling with the registrar a written
warning, or caveat as it is called, within a
| certain period named in the notice, title to
the land VIII be granted to the applicant
| This period by law constitutes a short sa ue
| of limitations and after its expiration ard
the issue of the certificate of title no person
named in the notice can attack the register d
title, # any caveat. OF objection be filed
within the appointed time, the action of the
registrar is suspended until 1t be withdrawn
or until he be decreed to disregard it by the
final decree of some court Of chancery. Any
| uyrnn full rryftI
| reasonable cause, is liable to penalties and
costs. If no caveat. objection be fled
| within the appointed time, or, If filed, the
same be withdrawn or set aside by decree
of court, indefeasible title to the land is
granted to the applicant by the issue of a
certificate of title vesting the estate in him.
One is delivered to the owner, tie other is
| retained by the registrar The certificates of
| title describe the land, the. nature of the
estate of the owner whether in fee or limited
ownership, and note all mortgages or liens
existing at that time. Ample space is left In
the certificate to show any subsequent trans
The idea Of registered titles is not a new
one 1t is said to have been in force in
Hamburg fer more than five centuries. 1t Is
! in force In all Australia, New Zealand, Tas-
mania and the Fiji Islands. A modified form
CT registry was adopted in England in 1,75
Columbia. 1t has twice passed the Illinois
legislature and is now before the supre me
court OF tndt state IL was ADOPTED by the
Massachusetts, legislature last May and is
warmly commended by the csnservative
Springfield Republican as "A much needed
reform" In New York commission headed
by Dwight Oimstead, Esq, prominent law
yer, of New York city, after having the matter
| under consideration number OF years has
SYSTEM which IS said to be a modification
of the Torrens system and not quite so
radical Mr. olmstead does not favor tie
pamphlet containing his views on the subject.
He does n1t hesitate to say that he deems
| the system inapplicable to this country and
| is to give his reasons therefore in his forth