The state herald., 1903-07-24

18th. As the law is of great import
ance and far-renching in its effects the
following brief synopsis of It's provis-
ions, in the form of extracts from an
article by Senator Edward Il. Taylor
of Glenwood Springs, who is the au.
thor of the measure, will be of general
interest:
The general objects aimed at by all
the various Torrens acts are:
First Certainty in the establish
ment and proof of title, and
Second simplicity and facility in
dealing with the land after the title Is
thus conclusively established.
The general means by which these
objects are sought to be attained are:
(a) A public examination of title by
court of competent jurisdiction.
(bl The registration of title found
upon such examination, and the issu-
ance to the owner of document
caned Certificate OF Title" which
declares that the person named there
in owns n specified estate in u speci-
fled piece of land;
(cl The requirement that, subse-
quently, title to the land registered,
snan pass only by the entry of the
transfer upon the official register, and
not by virtue of deed, which, under
TINS system, operates only 'as CON
| tract.
I'D Notice on the register and ON the
| certificate itself of any matter affect
| ing registered title. Claims not
registered, have no validity; and
(el Indemnity against loss out of an
assurance fund.
L., all ssta ta ms
ly simple form of n suit brought by
the owner of the property against all
the world to quiet his title. II MS
ttle is good. the court enters n decree
so declaring. That decree Is recorded
In the office OF the recorder of deeds,
who is called the Register" Of titles.
That official issues TO the owner II
certificate of title. When the owner
-esir.s 10 transfer the property, he eX-
ecutes deed TO the purchaser and
surrenders his certificate OF title' the
purchaser takes the deed and certln-
cate of title and delivers them TO the
Registrar; the Registrar files the deed
In his office ana leaves IL there, can
GELS the old certificate of title and Is
sues new one to the new owner,
makes the proper entry upon the book
in his office for that purpose, which is
called the Register" and upon the
payment of a small fee the ransac-
ton is complete
me Registrar of titles Is, under our
act, the County Clerk and Recorder.
lie is required To give an additional
bond and comply with certain require
mcnts, keep certain special books, and
he is financially responsible for the
acts of his deputy. lie collects GER
tain small fees. but receives no addl-
tional salary over and above that al
ready provided by law for his duties
as Clerk and Recorder.
Under our statute the owner of prop
erty desiring TO register his title, must
nrst obtain a complete abstract of title
TO Improperly desired TO he registered.
| Then he should obtain from the clerk
of the District Court blank form OF
an application for initial registration,
| and ill that out complete and sign II
| and swear 10 IL. This application Is "A
! simple, short and plain form OF pc
tition to the court. reciting the name
/ OF the owner OF the land, dcscrip-
ton of the land and naming all per
sons who are occupying or claiming
| any interest therein. giving all incum-
! brances, II any, thereon, and In gen
cral rcciting the full condition OF the
Z title and all interests OF every kind
that any and every one has therein.
The petition ends with prayer 10 the
District Court to investigate and de-
clare the title or interest Of the appli-
cant in the land referred to. The pc
tition and the abstract are both filed
with the clerk OF the District Court.
No other court In this state has any
Jurisdiction Of this proceeding. ON the
ming OF that petition the applicant
pays to the clerk OF tAe court docket
Zee OF 50 In counties having more than
10000 population. ana la counties hav.
ing less population the docket fee IN
s.. That sum Is In full payment OF
all clerks fees aud charges IN the
proceedings on behalf OF the applicant.
] The clerk OF the District Court there
upon dockcts the ease Ia a book TO he
/ kept for that purpose, aud known ~
the Land Registration Docket" ANY
! defendant on entering his appearance
shall pay TO the clerk the sum OF 81
| which Is iu full payment OF all iecs
on behalf OF such defendant, In all
I counties.
" hen the owner OF registered prop
/ crty sells his land. he makes out al
ordinary deed. d luli.claim u as good
as n warranty, because the deed 1.
merely a contract OF sale that does not
OF itself transfer the title. The ven
dor delivers the deed aud his crrtln
cate ~ title 10 the purchaser III,
purchaser takes that deed and ccriif
cate Of title Ia N" Registrars Office
ines his deed aud leaves Il with ia,
Registrar uhnt officer tles aud keep,
u, but does not record ~. surrender,
his certificate Tor cancellation, IA,
registrar makes the proper entry IL
the Register Of Titles" and mike,
out n new certificate 10 the purchase.
then upon the payment of 50 the Who'll,
trnnsncticn IL closed. A sale nnd
transfer OF amy real estnt. can thu,
be safely made In a few minutes
IL the owner OF n certificate of till,
wishes TO mortgage his property, h,
makes out AN ordinary trust deed ol
real estate mortgage and files II thu
does not record ~ IN the registrar
office and presents his certificate OF II
tie TO the registrar The registrn
makes the proper notation ~ the mort
gage upon the owners certificate mn,
also upon the register OF titles an,
issues duplicate OF the owners Ger
t.ncnie. showing such mortgage. To III,
mortgage or beneficiary. THAT IL call
ell III. morigngec'S duplicate. lie pay
'h. Zee and that transaction il closed
Upon the payment Of tho Indebtedness
release deed Of trust. or release @
the real estate mortgage together will
tue Mortgages duplicate" IL pre-
scented to the registrar: that oflicla
enncela the morignRno'H hnpllcnir. iilr