The times. [volume] (Richmond, Va.) 1890-1903, 1900-08-02
THURSDAY. AUGUST ., 1900.
TIE ToERs1NS SYSTEM OF LAND
RIG ESI4slTGoN.

We have read with great pleasure the re-
port of AR Eugene < Massie to the Nir-
ginia State Bar Association on the Torrens
System for the registration and transfer of
real estate we doubt if a more valuable
paper las been presented to the Bar for
many years For a long time have
followed up. as far as we could in news
papers. the progress of the Torrens Sys-
tenn, and have from time To time called
attention u ii, but we have not before had
such a cerapendious account of il as Ar.
Massie's report gives.
Sir Robert Richard Torrens, who orisi-
mated the system which bears his name,
was for many years the collector of Gus
toms in South Australia, and having be-
come familiar with the shipping laws he
conceived the idea, about The year 1850, of
applying their principles to The registration
OF land. his object being to simplify,
quicken and cheaper the transfer of real
estate and TO render titles safe and inde-
feasible.
It is striking fact an interest in
real estate owned by joint stock companies
can be transferred instantaneously by the
delivery of the certificate Of stock, that
millions Of dollars of value can be, and are
daily. transferred with the utmost facility
and absolute security. provided the sub
3ect matter is so-called personal property.
But under our laws when You come TO
deal with the smallest piece of real estate
you sun upon an abattis of difficulties and
cntansleinents. distractions and expenses
once expensive. tedious and in some cases
rrohibitory.
The aim of the Ttorrens system is to re-
move most. If not all, of these difficulties.
1t was adopted in Queensland in 1861,
ia Victoria and New South Wales in 1862.
in Tasmania in 1862. in New Zealand and
British Columbia in 1879, in Manitoba in
1855. Some OF the features of the system
Mr.. Massie says. We're also adopted in
England in 1852 and in 1879. A Torrens
registration Law was passed in the State of
Illinois in 1895, but owing TO some i'm
properly drawn provisions it was declared
unconstitutional, but was amended and re-
enacted by the Legislature OF Illinois in
1897, and The Supreme Court of that State
lar law was passed by the Legislature of
Ohio. but OWING to some defects in its
structure ii was declared unconstitutional
by the Supreme Court of that State, and
unlike lllinQis. the act has not been
amended so as to remove the defects. On
Aarch II. 1897, California passed. act
based upon the Illinois act, and as far as
t,ol
sfornia en- the question.
The subject of the Torrens System Was
brought TO the notice officially Of the Leg
aslature Of Massachusetts by Governor
William f. Russell in 1891. and an act to
provide a method of confirming titles to
aana was passed by the Legislature of
Massachusetts ana approved June ), 1898,
and this act has been passed upon by the
Supren1e Court of that Stale and lis con
stItrtionaiity upheld.
1t is not within the scope of this article
20 do more than call attention to this very
important subject, and TO the fact that
fths value OF reaa estate would he greatly
Increased by this improved method of deal
lsng NTH it a person now having real
estate and wishing 10 make a small loan
ss,pon 1t finds himself weighed down with
charges for examination OF title. prepara-
lion Of deeds. taking acknowledgements
REFORMATION of deed, and after the debt Is
paid for preparing and recording a release
thereof Foar-iifths Of an this trouble
would be removed by the Torrens System,
because, as stated in the report. when
under the law a Title has been issued ana
Is registered, two certificates are made. the
original being kept on Gle In the once OF
che registrar us sstirs' ana xhe owner re-
ccirsns . cpzaicate certificate setting forth
bis elite and describing the land. There
after no transfer Of title can be made leg
ally unless endorsed upon the original and