The Meeker herald., 1903-07-25

the Torrens bill. went into eject July
18th. Al the law Is OF great import
ance and far-reaching In its effects the
following brief synopsis Of its provis-
| ions. In the form Of extracts from an
article by Senator Edward T. Taylor
| Of GlenwoOd Springs, who II the NJ.
| thor OF the measure, will be OF general
| interest:
The general objects aimed at BY al
the various Torrens acts are:
F'irst-Certainty In the establish
ment and proof OF title; and
secOnd-SimplicIty and facility In
dealing with the land after the titls IL
thus conclusiyely established.
| The general means by which these
objects are sought to be attained are:
(a) A public examination OF title BY
q court OF competent jurlsdictien.
(b) The registration of title found
upon such examination. and the issu-
ance to the owner Of . document
caned Certificate Of Titie," which
declares. that the person named there
in owns a specified estate In q speci-
ned piece of land;
fc) 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
tnis system, operates only ~ con-
tract. ~
ID Notice on the register and on the
certificate itself Of any matter Affect
ing q registered title. Claims not
registered, have no validity; and
(e) Indemnity against loes out OF an
assurance fund. s.5ys5s.
The proceeding in all states 10 mere
- "a ~ ~ nv
the owner Of the property against all
the world to quiet MS title. II his
, title u good, the court enters q decree
70 declaring. That decree 10 recorded
in the office of the recorder Of deeds.
who Ii called the Register" Of titles.
That OFFICIAL issues to the owner u
certificate Of title. When the owner
uesires to trAnafer the property, he ex-
ecutes deed to the purchaser and
surrenders his certificate Of title; the
| purchaser takes the deed and certlti-
| cate Of title and delivers them to the
kegistrar; the Registrar flles the deed
in his ONCE and leaves 1t there, can
GELS the old certificate of title and Is
sues q new one to the new owner,
makes the proper entry upon the book
in his ONCE for that purpose, which Is
called the Register and upon the
| ton II complete.
Inc Registrar Of titles IL, under our
act, the County Clerk and Recorder.
| He ID required to give an additional
bond and comply with certain require
paents, keep certain special books. and
| be u financially responsible for the
acts OF his deputy. He collects GER
| tain ANAL fees, but receives NO add
| taonal salary over and above that al
| ready provided BY law for his duties
az Clerk and Recorder. ss,s
Under our statute the Uwhssse prop
| erty desiring 10 register htG tities nust
hrst obtain Z complete abstract OF title
| to Improperly desired to be- registered.
| Then he should obtain from the clerk
| of the District Court blank form OF
| an application for initial registration,
and fill that out complete and sign It
and swear to It. This application IL q
simple, short and plain form Of Pc
tition to the court, reciting the name
OF the owner OF the land, q Vescrip-
ton Of the land and naming all per
sons who nre occupying or claiming
any interest therein, giving NIL incum-
brances, II any, thereon, and In gen.
eral reciting the full condition of the
title and all interests Of every kind
that any and every one has therein.
The petition ends with prayer TO 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
4 pays to the clerk Of tie court docket
fee OF s. In counties having more than
1900 population. and In counties hay
l ing less population the docket fee Is
IS. That sum Is In full payment OF
all clerks fees and charges in the
proceedings on behalf OF the applicant.
The clerk OF the District Court there
upon dockets the cnse In a book to be
kept for that purpose. and known as
the Land Registration Docket" Any
defendant on entering his appearance
shall pay to the clerk the sum Of 81
which is in full payment OF all fees
on behalf Of such defendant, In all
counties.
When the owner Of registered prop
erty sells his land, he makes out MI
| ordinary deed. a Quft-claim Is as good
! AZ 4 warranty. because the deed il
! | merely contract OF sale that does NOT
i Of Itself traasfer the title The ven.
dor delivers the deed and his certif-
cate OF title to the purchaser. The
ii purchaser takes that deed and certifi.
!, cate Of title to the Registrars office
mes his deed and leaves 1t with tn.
Registrar chat officer files and keeps
1t, but does not record IL, surrenders
his certificate for cancellation, the
registrar makes the proper entry In
the "Hegister of Titles" and make.
out q new certificate to the purchaser
then upon the payment Of So the whole
transaction is closed. A sale ant
transfer of any real estate can thu,
be safely made In \ few minutes.
: II the owner Of = certificate of It'll,
! wishes to mortgage his property, b,
{ makes out an ordinary trust deed o.
real estate mortgage and files 1t (bu
: does not record it, In the registrar
: once and presents his certificate OF ii