The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19

ONCE OF the register OF DEEDS.
Sec. 49, Duplicates of all instruments, vol
untary or involuntary, filed and registered in
the office of the registrar OF titles, may be
presented with the originals, and shall be at
tested and sealed by the registrar of titles,
and indorsed with the file number and other
memoranda on the originals, and may be taken
away by the person presenting the same Ger
titled copies of all instruments filed and regis
tered may, be obtained from the register of
titles on the payment of a fee of the same
amount that the register of deeds is now en-
titled for like certified copy.
Sec. 40. No new certificate shall be entered
or issued upon any transfer of registered land
which does not divest the title in fee simple
to said land or some part thereof from the
owner or some one of the registered owners.
estate in fee simple shall be registered by
filing with the register of titles the instrument
Aeaerng or transferring claiming such in
Cerest, anna by Drief memorandum or me-
mortal thereof made by a registrar of titles
upon the certificate of title and signed by
him. similar memorandum or memorial snail
also be made the owners duplicate. The
cancellation or e1tinguishment of such in
terests shall be registered in the same manner.
When any party in interest does not agree as
to the proper memorial to be made upon the
filing of any instrument voluntary or inVCl-
untary) presented for registration or where the
registrar of titles is in doubt as to the form
of such memorial the question shall be referred
cate of the registrar of titles or upon the
demand In writing of any party in interest.
The registrar of titles shall bring before the
court all the papers and evidence as shall be
necessary for the determination of the ques-
ton by the court The court. after notice
TO all parties in interest and a hearing, shall
enter an order prescribing the form Of the
memorial and the registrar of titles shall
make registration in accordance Herewith; :,
Sec. 90. No new certificates of titles shall
be entered and no memorial shall be made
upon any certificate of title in pursuance Of
any deed or other voluntary instrument, I'M
less the owners duplicate certihcate is pre-
scented with such instrument, except In cases
provided for in this act or upon the order
of the court, for cause shown; and whenever
S11ch order is made memorial thereof shall
be entered, or a certificate Issue as d.
rected by said order. The production of the
owners duplicate certificate whenever any vol
unta-y instrument Is presented for registration
shall be conclusive authority from the regis
tered owner to the registrar OF titles to enter
a new certificate or to make memorial OF
registration in accordance with such ms q :
ment, and new certificate or memorial
be binding upon the registered owner and ul'.l
all persons claiming under him, in favor of
every purchaser for value and in good faith.
Sec 51. In the event that an owners dupli-
cate certificate of title shall be lost, nislatd
or destroyed the owner may make afhdavlt OF
the fact before any officer authorized to ad-
minister oaths, stating, with particularity, the
facts relating to such loss, mislaying or de-
struction and shall file the same in the Office
of the registrar Of titles.
Any party in interest may thereupon apply
~ fine court and the court shall l1Don proofs
Of the facts set forth in the affidavit. enter an
order directing the registrar Of titles to make
and issue a new owners duplicate certificate,
ruch new owners duplicate certificate shall
be printed or marked, Certified copy of own
Gr duplicate CerClncdIe issued lHo pldCc
Of lost certificate and such certified copy
shall stand in the place OF and have like effect
the owners duplicate certificate.
Sec. 81. An owner Of registered land con-
veying the same, or any portion thereof, in
fee, shall execute deed of conveyance which
the grantor shall file with the registrar OF
titles in the county where the land lies. The
owners duplicate certificate shall be surren-
dered, at the same time, and shall he by the
registrar marked ,t1 canceIe lied The Original Ger
celled." The registrar of titles shall thereupon
enter in the register of titles new certificate OF
title to the grantee, and shall prepare and de-
liver to such grantee owners duplicate
shall be stated upon the new certificate or GER
tiicates, except so far as they may be stimuli
taneously released or discharged. When deed
stated upon the cancelled certificate Of title
in fee is for part only Of the land described
in a certificate of title the registrar of titles
ehall enter q new certificate and issue an
owners duplicate certificate to the grantor for
ests adverse to the title Of the registered owner
certificate. All membranes, claims or inter-
Sec 50. The presentment to the county audi
tor for transfer and the certificate as to pay
ment of taxes on unregistered land required by
laws as to deeds plaits and other instruments
shall be made before any deed, plat or other
instrument affecting registered land shall be
filed or registered in the Office Of the regis
trar Of titles
Sec, "a. Registered land and ownership
therein shall in all respects be subject to the
came burden and incidents which attach by law
to unregistered land Nothing contained In TINS
act shall in any way be construed to relieve
registered land the owners thereof from
any rights incident to the relation of husband
and wife or from liability to attachment on
1nensne process or levy on execution or from
liability to any lien Of any description estab-
lished by law on land and the buildings there,
on or the Interest of the owner in such land
or buildings, or to change the laws OF des-
cent or the rights of partition between cote
nants, or the right to take the same by emil
nent domain, or to relieve such land from
liability to be recovered by an assignee IN
provisions Of law relating thereto or to change
or affect in any way any other rights or la
liIities created by law and applicable to I'M
registered land except as otherwise expressly
provided in this act or any amendments hereof.
Sec 55. Any person may by attorney con-
vey or otherwise deal with registered land, but
the letters or power of attorney shall be &C
llnowledged and filed with the registrar OF
titles and registered. Any instrument revolving
such letters or power OF attorney snail De
acknowledged and registered in like manner
Sec Sc The owner of registered land may
mortgage the same by executing deed or in
etrument sufficient in law for that purpose,
and such deed or instrument may be assigned,
extended, discharged, released in whole or in
part or otherwise dealt with by the mort
gage by any form Of instrument suti1clent IN
law for the purpose.
But such mortgage deed or instrument, and
all instruments assigning, extending, d1scharg-
ing, releasing or otherwise dealing with the
mortgage, shall be registered and shall take
effect upon the title only from the time OF
registration. .
Sec. 81 The registration of mortgage shall
be made in the following manner to-wit: The
owner duplicate certificate shall be presented
NNSNA
or instrument to be registered, ana the regis
trar shall enter upon the original cert1ncate
of title and also upon the owners duplicate
certificate a memorial of the purport of the in
strurnent registered. the time of filing and the
file number of the registered instrument. He
shall also note upon the instrument reglsIereo
the time Of filing and reference to the volume
and page of the register of titles where 1t is reg
istered. The registrar OF titles SNAIL also at Inc
request of the mortgage, make out and de-
liver to him a duplicate certificate Of title,
like the owners duplicate, except that the
words Mortgages duplicate" shall be writ
ten or printed upon such certificate in large
letters, diagonally across the face. mem
orandum of the issue Of the nortgagees duplt-
cate shall be made upon the certncate OF
title.
Sec So Whenever a mortgage upon which
a mortgages duplicate has been issued is
assigned, extended or otherwise dealt with.
the mortgagee's duplicate shall be presented
with the instrument assigning, extending or
otherwise dealing with the mortgage, and a
memorial Of the instrument shall be made
upon the mortgages duplicate and upon the
original certificate Of title. When the mort
gage is discharged or otherwise eXtinguished.
the mortgagee's duplicate shall be surrendered
and stamped CanceAed- IN case only
part of the charge or Of the land Is intended
to be released discharged or surrendered, the
entry shall be made by memorial in like man
ner as before provided for release or dis
charge.
The production of the mortgages duplicate
certificate shall be conclusive authority to reg
lister the instrument herewith presented. A
mortgage on registered land may be discharged
in whole in part by the mortgage in per-
son on the register Of titles in the same man.
ner as a mortgage on unregistered land may
be discharged by entry on the margin OF
the record thereof in the register Of deeds
Office, and such discharge shall be attested by
the registrar Of titles.
Sec. 90. All charges upon registered land.
or any estate interest in the same, and any
right Hereunder may be enforced as is now
allowed by law, and all laws relating to the
foreclosure Of mortgages shall apply to mort
cages upon registered land, or any estate or
interest therein, except as herein otherwise
provided and except that notice of the
tendency of any suit or Of any proceeding to
enforce or foreclose the mortgage or any charge
shall be filed in the office Of the registrar of
titles, and memorial thereof entered on the
register at the time of prior to the com