The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-30
NEW LAND
REGISTRY
Young Men Favor
the Torrens
Plan.

the adoption OF modern plans for reg
istration and the Insurance OF titles
the Youar Mems Research club. az ITS
meeting al the residence OF =. j. Low
row last evening. decided 10 have the
various systems Investigated WIN 'h'
object Of presenting 90 the next Leg
isiature arguments Tor the carrying uu'
OF reforms here
Tn, there M; be no time lost and
that there may bc at the service OF
the LEGISLATORS the evidence that Is
necessary for the enactment OF COM
prehonsive legislation, committee or
i've was appointed which viii enter INTO
the collection Of the various laws upon
the subject. digest them and select snch
naragraphs as fit the case Of this Ter
ritory, so that when the time comes
there may be presented at once bill
which will remedy the present dis
turbed condition of affairs, in so far as
they affect the registration Of titles.
The meeting OF the club was one OF
the best In point OF numbers, and as
well In the men present, that has been
held recently. There were men OF every
branch OF business and of each profess
sion present, and the interest shown in
the laws proposed and the exhibit OF
the confusion which now exists, was
complete No one perhaps, except the
lawyer who has had TO do with such
matters, had any idea that there was
in this Territory such state of affairs,
and one which may lead to serious
financial losses at any time. There are
lawyers who have had the matter in
mind for some time, some Of them in
fact being here looking for the ava
lanche of litigation which Is Expected
to follow the coming OF the next gen
Grafton.
Mr.. Weaver began his excellent dis
QUESTION with a reference 10 the local
system. He said the plan here was to
make the title pass with the delivery
of the deed and the registration simply
an evidence of title. Yet, he said, every
one was expected to know all that was
in the 200 volumes of records in the
Registrars office. even though it took
five years and cost $4,000 for the Ha-
waiian Abstract and Title Company to
make an index Of the books by lots
as wen as names.
He cited case where woman sold
n kule1na acquired from her father
upon his death without probate pro-
ceedings She sold this land under two
different names, and the last purchaser
lost all. He called attention To the
laXty in this community, where often
deed Is signed by man and his
wife, yet when inquiry is made the fact
is developed that there never was u
marriage. From this he went on and
cited some OF the questions which may
arise here. Among these were that "A
Hawaiian man may take property un-
der one name and convey by adding a
surname: a Hawaiian woman most fire.
quenty signs her maiden name to
deeds, but takes land in the name OF
the husband; both spell the names diff
ferently, or add new parts to the orig
inal names.
In the case OF Chinese the man often
has .hree names, one before marriage,
one after marriage, and finally one for
business. Frequently in addition there
is nickname, most frequently used
Added to these conditions are the Japa-
nese names and those of Portuguese,
which frequently creep in. and the con-
FUSION Is complete: yet the names of
grantors are the only guides
AS to the cost 1t is estimated, he said
that under a new system the cost of
the examination would be not more
;han one-tenth of what is now charged
He said that in Massachusetts the av-
years back was SO.
The fact that owners OF stocks and
bonds may sell with ease and as read
lily make loans brought the mind of a
young Englishman in Australia to the
question Of registration of titles He
sought TO simplify the system, and
worked with such effect, basng his eff
forts upon the maritime laws that in
1898 the first law was passed embody-
Ing his plans. Since that success of
Sir Robert r. Torrens the growth of
the use OF the system has been remark
aDle. and now IL is in use in most Eng
llsh speaking countries and many 9TH
ers In America there are many States
which have notifications of the sys-
TEN, and more are now studying the
plans for comprehensive reform.
some of these laws have been passed
through the State courts and even
passed upon as sound by the United
States Supreme Court. Mr.. Weaver
continued.
But you ask what are the purposes
of this reform? Simply to quiet titles
to land and insure against loss: and to
simplify the dealing in lands so as Ia
make II cheaper and quicker to real
lie on land as security or saleable
property.
How is this doney BY having on file
in the Office OF the registrar of deeds a
owner has certified copy. containing
the owners name, description OF tn,
land sufficiently accurate to identify It
and a list of membranes In the or
der Of priority. This paper is called
Certificate OF Title It Is a certificate
OF title from the government, as con
elusive in all respects as a grant o
patent OF land today Further, II 1
more valuable, because there is an In
surance fund which insures the return
of the purchase price In case OF los
to the holder Of the certificate by rea
son Of fraud or forgery. The owne
holds his title from the government. Il
short. the system is that used ever,
day by corporations in the sale Of thei
certificates of stock, with the addition
OF an insurance fund to guard agains
loss by fraud"
Mr. Weaver had a sample certificat
and answered many questions. He ais
cited many legal opinions as to the sys
tern.
Deputy Register c. H. Merriam spok