The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-08-05
HOUSTON DAILY POST: SUNDAY MORNING. AUGUST s. 1900

all TO be numbered consecutively; du-
plicate marked owners duplicate GER
tfflcate.' TO be delivered to the owner.
l'Sec. AL
When the title passes to another by con-
veyance or otherwise. a new certificate
in the registration book" is made, taxi
ing current number. the first certificate rs
cancelled each certificate showing Dy
what authority entered, giving names OF
all parties whose estate makes UP the
estate in fee simple. (Secs AZ, As, 5l)
The decree OF registration and entry OK
certificate is an agreement running Win
the land. tSec. 45) Title to registered
land adverse TO registered owner can not
be acquired by prescription or adverse
possession. (sec, A6)
The title having thus been registered
the certificate. original and duplicate.
must show every lien OF charge against
the land. and when released this must be
shown also thereon. All original mort
cages. transfers and copies OF DEGREES af-
fecting the land must be filed in the office
of assistant recorder, and copies can pc
obtained IL required So as to attach
ments, executions and pending suits
against the land.
Ample provision is made authorizing the
assistant recorder to enter new ceruh-
Gates of title. Any subsequent registra--
ton after the original entry, obtained
by presentation of d forged duplicate GER
| tlhcate. or other forged instrument, Is
void (Secs. 30, SD
AN assurance fund is provided; one.
| tenth OF one per cent of the value OF
the registered land to be paid by owner
into the treasury for this purpose, but II
deficient the State pays the balance
| (Secs. "a. 104.)
! This law as amended in 1900 seems to
cover every possible contingency that
may arise.
In January, 1883, an action was brought
! in the supreme judicial court OF SunolK
county, Massachusetts, by petition for writ
of prohibition against the judges OF the
court OF registration attacking the law
as unconstitutional: a. That the original
registration deprives all parsons except
| the registered owner of any interest IN
the land without due process Of law; and
| (2) That the powers and duties OIL the
recorder and assistant recorder after the
| first registration are judicial. The case
was determined by the full court, January
3. 1900, petition denied and che constltu-
| tionality of the law on both Issues sus-
tanned. Chief Justice Holmes deIivered
the opinion of the court, with marked abll-
ltv and clearness. He says. The pronl-
bitlons must be Eaken largely with re-
gard to substance nather than TO form, or
they are likely to do more harm than
good. 1t is not enough 10 show proceed /
ure to be unconstitutional to say thai we
never heard of 1t before, (dutado VS., Call
fornia, 10 U. S. 516 $50 Jurisdiction is
secured by the power of the court over th1
res. AS we have said. such proceeding
would be impossible were this not so, tol
it hardly would do TO make distinction
} between the constitutional rights OF claim
ants who We're known and those who were
not known to the plaintiff, when the pro
: ceeding Is for all. (Pennoyer VS.. Nen
90 U. S. ia, 727; The Mary G. Cranch
; 1875. 144 Mankin VS.. Chandler, Brock
125. 1877 Brown VS.. Leyee Commissioners
> so Miss. ass. 4S1 2 Freeman Judg., ed.
, secs. 606. GID"
= ''Tf it does not satisfy the constitution
E judicial proceeding to clear titles agains
/ all the world hardly is possible. for tn
/. very meaning of such proceeding is T.
q get rid of unknown as well as know
:, claims~-indeed. certainly against the IN
t known may be said to be its chief end
an unknown claim can not be dealt wit
y by personal service upon the claimant.
d Time and the chance which ii give
g the owner to find out that he is in DANCE
+ OF losing rights, are due process OF law
y : (Wheeler VS.. Jackson, 49, U. S 245. 1851.
:. LAS to the claimants living within IN
State and known, the question seems I
= come down to whether we can say tht
Is there 10 constitutional difference be
t tween sending notice of suit by u mes
s senger and sending it by the postoffc
20 besides publishing IN newspaper, r.
Is cording in the registry and posting on II
* land. 1t must be remembered that thel
l. is no constitutional requirement that II
l. summons. even in personal action. sha
be served by an officer, or that the cor
d, served shall be officially attested. Apa
30 from local practice. 1t may be served
ID any Indifferent person. II may be serve
I'd on residents by leaving a copy at the la
l. and usual place of abode"
t, 1T is said that there is no provisi'
es for notice before registration of transfe
u or dealings subsequent to the original re
CD istration 1t must be remembered that
H. all later stages no one can have a clal
which does not appear on the face of I
ST registry. The only rights are register
rights. and when land is brought in
y, the registry system, there seems to
r nothing to hinder the legislature frc
y fixing the conditions upon which it sh
ne be held under that system. CPeople '
lie Simon. 176 Ill. 1865 1850. BY section
the obtaining decree OF reglstratit
"a which is a voluntary act, Is an agreem
IS, running with the land. that the band sh
,rt be and remain registered land and su
ie' iect to the provisions of the act. Furtht
more. In deciding whether substan
,er Justice is done. 1t Is to be Dor
,rt in mind that ordinary cases "
he present no question at ALL If this
Ice is a question to be discerned.
To- shall be referred to the court and
is course the court will order notice to Il
party interested"
,g- writ of error has been granted by
ip- supreme court OF the United States, q
Of this case has heen set down for heari
are October II. 1900.
ler We are greatly obliged to Hon Leon'
A. Jones, judge OF the court of land RI
ian istration, for the valuable information
ons has given us showing the working OF I
or new system in Massachusetts,.
st. This court has under the law creating
made twenty four rules of procedure
nay be observed in enforcing the act both
re- the court and those affected by the Il
ing registration act These rules have b.
ned approved by the supreme judicial col
We file with this report.
led. The court OF land registration has
ce, printed and bound a volume containing
and land registration act OF Massaehust
on OF 1898 as altered and amended In
and 1900. with decision OF the supreme
ase dicial court in Tyler vs. Judges Of Cor
Of Rules Of Procedure and Practice; l.
,eir Registration Act. with complete inc
ity. which We file with this report,
36O The following letter Of Judge Jones
I a plains itself:
ION James f. Hill. Esq.
lets Boston, July 10, 1900.-AMy Dear