The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-06


have within recent years come 10 as
westwartly across the Pacitic-the sec
ret ballot and the ToIrcRs plan oil !aE0
registration, both native Of Australia
The Torrens plan first became known j
in America less than ten years ago. II
IS now in operation in four states. by
reason OF its apparent conflict With GER
tain phases OF The common lay" WRach
phases ilaye been long embodied in the
several State constitutions, lawyers view
it with .niscivinGs. 1t as lifted TO COM
mercia! age The land laws Of England or
isiDally were framed to prevent the alien
alton of the soil. and these have been
but slightly. modified by the American
States; While the ToITels system pro-
poses TO make alienation easy and simple.
The law once in operation, real estate
transfers are made upon the county rec
ords IN about the same way that ceru-
fca.es OF stock in q corporation, are trans
Isrred on the books o. the corporation
from ore holder TO another. This was
the manifest intention of the author or
the plan First the title is put through
q process of filtration. The owner OF
land who desires to take advantage OF
the Illinois law makes application 70
the registrar, then places his munlInehts
OF title into the hands OF the official eS-
eutn:ners. s.nd, then, through process
Hereinafter more, fully outlined. obtains
a certificate that he is the true and law
full owner OF the property DESCRIBED, SUD
5ect TO limitations liens or other encum-
brances, IL any, noted on the reverse SIDE
of the certificate. Before he reaches
this point, however, the title runs the
gauntlet of all adverse Claims and cla!-
,nants The proceeding in substance is
what is known to lawyers as a bill OF
peace prosecuted not to quiet title. but
rather to establish q treaty Of peace and
avert war growing out of&any pre-e&ist-
ing issues. 1t is equivalent to new
source of title whicip the State under
writes. and behind winch me apsTactor
need not go.
It reduces litigation to the minimum,
and therefore is not a, lawyers measure
/. 1t has been adopted in Illinois sparingly.
The law only takes effect in any county
|; when such county has accepted II by
majority vote of the people, and when
ESQ adopted is not compulsory. 1t op-
crates only on such land as is placed
under its provisions by the owner, a
part of the terms Of registration being
5 that The land is thereafter and forever
subject to the Torrens act. Cook county,
in which Chicago is located, adopted the
Torrsns act by an enormous majority
in 1898, a few months after the act was
passed by the Legislature. The real es-
tate dealers Of Chicago pressed the bin
through both State and county and sub
sequehtiy have been active in bringing
ii into general use among property-own-
ers. The delay and expense of abstract
ing seriously impeded loans upon the
sales of real property. Fees charged for
abstracts in Chicago averaged TWO or
three times as much as in Atlanta.
It may he well to say that the filtra-
ton IL Cook county has proven so thor
ough that a number. Of the large loan
corporations Of the east doing business
ciolJ,
will accept the registrars certificate of
title as final. without further investiga-
ton. a considerable number OF the lore
most lawyers have also signified their
Willingness to approve titles which nave
passed through the hands OF the regis
irsr's examiners fayorably. The fees
charged are less than would be charges
originally for an abstract, these fees
representing the entire expense of the
property owner for obtaining the certi-
fcate OF title from the registrar, where
no adverse claims arise requiring adju-
d.cation. When such Claims are tried,
then the costs which usually accompany
like litigation must be paid, the costs
being cast against Inc losing pa. y IN
lie controversy in the same manner as
Sn the regular common law courts.
DECLARED UNCONS1IYJ TIONAI4
The first Torrens act passed in Illinois
in 1885 was declared unconstitutional by
ties suggested by the courts decision
were met by a new bin passed il, 1897,
which last bill was tested IN the Sup
RENE Court and sustained in the cause of
the people vs.. Simon, recorded in 1T6 IL
linois, l65 The points raised in the last
act substantially embody the objections
pointed out 10 me by some of our able
Georgia lawyers when / first called at
tention TO the Torrens system in 1888
The State Constitutions OF Illinois and
Georgia are very similar IN the matter
of fixing judicial powers. Here. as With
u.s. land controversies are exclusive to
courts of a certain dignity The Tor
rens act could with us, as well as mere,
pitch the question INTO the forum OF
these courts All parties known or be-
Iieved TO be concerned are obliged TO
respond if they have claims against or
to the property involved. or being there
a1ter estopped from setting Up such-i
claims Testimony taken. de bene esse
with us and in most of the States illus
trates the method Of binding parties not
actually served under the Torrens act
Of Illinois.
The Illinois act is composed OF III sec