The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-08-05


presented to this committee and was
Before succeeding committees OF the leg
islature Of 1892 and 1898 In 1893 the sug-
gestion made IN Governor Russell's mes
sage 10 authorize the appointment OF
special commission to consider the whole
subject and report TO the legislature a
draft OF a bill, was adopted" committee
OF three appointed. they In 1894 report
ed majority and minority draft OF a
bill Neither was enacted The matter
was before each succeeding legislature
until 1897 when the governor was au-
thorized 10 appoint another committee 10
draft bill Alfred Hemenway, Esq, OF
Boston, was appointed sole member on
January 8, 1898, he reported draft of
bill to the legislature which. with slight
changes, was enacted In 1898. entitled,
AN act to provide for registering and
confirming titles 30 land" The act took ef
feet October l. 1898, ana the court OF
land registration opened for business De-
tober il 1898. This court Is composed
OF two judges. appointed by the governor,
Judge Leonard A. Jones as Judge OF land
registration, and Charles T. Davis, assoc
clate judge.
This act was amended in 1899 and in
1900, II consists of ZIG sections, In
Guiding fee bill and penalties. II Is elab-
crate in its provisi ms, II is cited, The
I Laad Registration Act"
| The court has original jurisdiction OF
all applications for the registration of
title 10 lan6 IN the State. with power to
hear and determine all questions arising
upon such applications, also jurisdiction
over such other questions as may came
before Il under the act, subject TO right
/ OF appeal. Proceedings are In rem against
( the land; the DEGREES operate directly on
the land and vest and establish title
thereto.
/ The court holds sittlngs at Boston, but
may adjourn from time to time to such
| other places as public convenience re-
auire. Jurisdiction throughout state, al
ways open. and power to make rules, TO
be approved by supreme judicial court or
q Justice thereof tSec. 20
The court may be held by single judge,
different sessions at same time in same or
different counties as judges may decide.
tSec. Al
Process shall bear test of the judge and
under seal and signed by clerk (Sec. 50
The court has recorder who is its
clerk. attends sessions and keeps docket
(Sec 81
Recorder keeps his office and records
in Boston. can with consent of court en-
ploy assistants and messengers. (Sec. 81
Recorder may act in any county, and
after land is registered makes all mem
4 oranda affecting title and issues certid-
Gates OF tile (Sec 81
, The registers of deeds in each regis
try district Of the State. after any lan(
: in the district has been registered have
same authority in their respective dis
: tricts OF the recorder. to make memoran
!. da on and issue new certificates. etc. be
= ing assistant recorders. but subject t
control Of recorder. (Sec. 100
The judge of land registration appoints
. one or more attorneys IN each count.
q examiners OF title. Gsec. 12.)
. Every order, decision and decree OF tn
fk,A,, to a n
; peal 10 superior court OF county wher
u land lies. shall be advanced for hearing
y end tried by Jury if demanded. Cues
:, lions of law in superior court or in tn
y court OF land registration can be take
u to supreme judicial court for revision
, So any decision or decree OF court Of Ian
Is registration involving questions OF Law
Oh may be reported to supreme judicial eoul
for full bench decision. (Sec. Ia
"a Application for registration is made b
h petition to the Judge Of the court of Ian
is registration by party or parties claimin
Is to own the legal estate in fee simple.
that have power of disposing of estate. /
} guardians, or by corporations so holdin
l. (Sec. 49,
D. Application is nled with recorder or al
1T s.stant recorder at the registry Of deet
or the district in which the land or pa
of OF it lies. a memoranda showing fac
- stated in the application is recorded al
Of indexea by the register with the recor'
he OF deeds Assistant recorder keeps ind
" OF all applications and transmits appl
on cation with all papers and recorded mel
oranda TO the recorder tSec. POI
ds Application sworn to. describes the Ian
he states whether applicant is married, II
name of wife or husband. II unmarrl
er whether he or she has been married. al
IS if so when and how terminated; If by
nd Vorce when. where and by what cou
applicants name in full. address. nam
r. and address OF adjoining owners and occ
an PANTS il known. il not known what scar
ar made to find them. Statute gives for
tSec 2l.l
,T- II applicant is nonresident he mt
a. appoint local agent. CSee. 22)
Application may be amended (sec, :
A. can include two or more contiguous p'
GELS of land in the same district (see. z
u must be accompanied with plan OF I
''e land and all original muniments of Il
T.. within applicants control tSec. 26.)
", The court by order refers the apple
'.s ton to one Of the examiners of TIT
W who shall search the records and rep
ng thereon with opinion as 10 the u
IN, (Sec. S0)
II favorable report on title. and prol
ier for registnat. ton. or on adverse rep
sci applicant elects to proceed further,
no recorder by order OF court gives not
so statutory form) Of application by p,
| licallOn IN some newspaper Va ihS
trict where land lies. (Sec 81
has Copy of notice published mailed by +
~ istered letter 10 all parties named In
l,r plication. also posted in each parcel
we land by the sheriff fourteen days bet
, return day. Court may require OF
i've notice. (Sec. 81
on hearing court can appoint guard
err ad Item for minors. and for all pers
~. not in being. unascer;ained unknown
MS. OUT OF commonwealth having an inter
(Sec S3]
'. Any person claiming an interest I
10 appear and ie answer on or before
re- turn day, stating objections and set
forth interest claimed. Must be sig
rs, and sworn to. tSec. BAD
hu- Default NAV be taken u no issue JON
es- BY ITO whom 1t may concern in not
re- all the world made parties defendant,
rits concluded by the default. Judgment {
a Arms title in applicant CSec. 800
me, II issue Joined court can refer the
ter or any part to one OF the examiners
ure title as master to hear parties and T.
be- evidence and make report as IN elu
tenn Provides for order OF survey. (Sec.
ami II court finds in favor OF appiiear
II decree OF confirmation and registra
per 10 anfarad. a. kinds the land and Qu