The daily morning journal and courier., 1899-11-18
THE TORRENS LAW.
Operations Awaiting a Judicial Decls-
 io,, ;,, Mo pbI1SpttS

1 Operations Awaiting a Judicial Decls-
 ion in Massachusetts.
 | Provided the Supreme Court decides fa- vorably upon the constitutionality or The Torrens Land Registration act, a
 great business will be done by the new Court of Registration in the Fremont Building This is already known what | is told to the officers of the court Re- l corder Smith says that he hears Of many persons who are all ready to make application for State title as soon as decision is rendered that the act Is l Constitutional. In some quarters there is such certainty that the decision will
 be favorable that parties are proceed ing as if the doubt were already set
 tied. Such case exists in Worcester County, where the validity of a lot Of
 corporation bonds will turn upon the constitutionality of the act.
 But in this part of the State the law yers are more conservative and they will do nothing until the court has glv en it's decision. The doubt over the
 matter has stopped proceedings under the law so much that no case has been
 entered on the docket of the court since
 Oct. ?. which was just about the time
 that the arguments were made in Wor-
 cester on the constitutionality of the
 act Before the question was raised,
 the public showed evident desire to
 take advantage of the State Insurance
 of title The fees were paid to the
 State Treasurer by Recorder Smith on
 Jan 1 for the first quarters business
 amounted to $t9100 For the second
 quarter they were $5l1.5S. For the third
 quarter, ending July 1, they were $94202,
 and for the fourth quarter ending Oct.
 i, when the effect of the suit regarding
 Constitutionality of the act came to be
 felt, the amount dropped to $6Ss.91.
 The fees to be paid to the State on Jan. l will be light though they are seven
 cases pending where the assessment is high. General business under the act is practically discontinued until the de-
 cison is given.
 One instance in Worcester county Is known where an estate assessed for $113,000 is only waiting for the decision
 This is a large lot of real estate, which will be cut up into house lots, and 1t will be of great advantage to have a State title. Another case concerning property on Bromfield and Bosworth Streets in Boston, valued at $60,000 Is also waiting for the decision Nearly every day, says the Recorder, people come into his office to inquiring about the law and desiring to make use of it, if 1t is going to stand the Constitu- tional test. The last case filed Is No. 91
 The character of the business thus far shows that many people wish to take advantage of the law whose titles are defective in some way, but where the defect Is of such sort that the Su- preme Court might be expected to quiet the titles if the eases were brought be- fore it. Thus far there have been many cases, comparatively where the pet- ton for a State title has been opposed There were fourteen hearings of con- tested cases in September, and three hearings of contested cases are assigned for the first full week In November. Two cases have been appealed from the decision of the court. One from Lowell involves the legality of a title by sale of and for taxes, and the other from Marblehead, involved difference over the boundary line The principal req son why some of the cases are brought seems to be that the marketability of the land will be improved by decision by the Land Court and the issuance of certificate. Possession of a State title, indisputable by any one, would make the difference between a sale and no sale in many cases.
 The popularity of the system has been thus far confined to the western part of the State. No applications for State title have been received from either of the four eastern counties.
 The question regarding the constitu- tionality of the law is whether what is called constructive service of the notice to possible electors to the proposed i State title comes within the limits of the Constitution. The case pending is over the boundaries of the land. It is | said that the same point might as well 1 be raised about the constitutionality | of the titles which are approved by the | probate courts, for the probate court regard the notice to possible contest ants as sufficient when it has been serv- ! ed by advertising in the newspapers, WueItds lHe lOITGnS system requires ! notice to be given in four ways in | order to protect all possible rights of The application must be advertised in newspaper in the dis .r1ct where any portion of the land lies, ] Then a copy of the paper must be mailed by the Recorder to every person n the notice whose address is known. | A duly attested copy of the notice must oe posted conspicuouosly on the prem ses at least fourteen days before the 'eturn day of the notice. Such othe, notice must be given as the Court hinks proper. It is expected that inc decision of the Court, when rendered will be at length, because it will be a precedent of the utmost importance since the system is new in the United Transcript.
 STURGEON FINDS A TEyyr