The Elk Mountain pilot., 1903-07-21

the Torrens bill. went into effect July
18th. AS the law is of great import
ance and far-reachng in its effects the
following brief synopsis of its provis-
ions in the FORM Of extracts from an
article by Senator Edward L. Taylor
of Glenwood Springs. who is the au-
thor of the measure, will be of general
interest:
The general objects aimed ut by all
the various Torrens acts are:
First-Certainty in the establish
ment and proof of title; and
Second-Sinplicity 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
(al \ public examination of title by
a court of competent Jurisdiction
(bi 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 IL specified estate in speci-
fed piece of land:
tc, 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 Il decd. which. under
TINS system, operates only as con
tract.
dD Notice on the register and ON the
certificate itself of any matter affect
ing Il registered title. Claims not
registered. haxe no validity; and
(el Indemnity against loss out of an
assurance fund.
The proceeding in all states is mere
I.-. aft, Ia.
the owner OF the property against all
the world to quiet his title. If his
tirle is good. the coIrt enters decree
so declaring. That decree is recorded
in the office of the recorder of deeds.
who is called the Register of titles.
1,hat official issues To the owner IL
certificate of title. When the owner
.esires TO transfer the property. he eX-
ecutes Il deed TO the purchaser ana
surrenders his certificate of title; the
purchaser takes the deed and ccrtifi-
cate of title and dellvers them to the
Registrar: the Registrar files the deed
in his office and leaves ii there. can
GELS the old certificate of title and is
sues n new one to the new owner.
makes the proper entry upon the book
in his office for that purpose. which is
caned the 'Register' and upon the
tion is complete.
me Registrar of titles is. under our
act. the County Clerk and Recorder.
He Is required TO give an additional
bond and comply with certain require
mcnts. keep certain special books. ana
he is financially responsible for the
acts of his deputy. He collects GER
tain small fees. hut receives no addi-
uonal 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 II complete abstract OF title
10 the property desired to he registered.
Then he should obtain from the clerk
of the District Court a blank form of
an application for initial registration.
and ill that out complete and sign 1t
and swear to it. This application is II
simple short and plain form of II pc
tition to the court. reclting the name
OF the owner OF me land. a descrip-
ton of the land and naming all per-
sons who are occupying or claiming
any interest therein, giving all incum-
brances. if any. thereon. and In gem
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 Il prayer to the
District Court 10 investigate and de-
clare the title or interest of tile 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 tie court docket
fee of 81 in counties having more than
1000 population. and in counties hav-
ing less popuIation the docket fee is
81. 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 dockets the case in n 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 50
which is in full payment of all fees
on behalf of such defendant, in all
counties.
" hen the owner of registered prop
erty sells his land. lie makes out an
ordinary deed, u 'quit-claim is as good
as II warranty. because the deed is
merely a contract of sale that does not
of itself tra-.sfer the title. The ven
dor delivers the deed and his ccrtit-
cate of title to the purchaser. The
purchaser takes that deed and certifi-
cate of title to the Registrars office.
Ines his deed and leaves 1t with the
Registrar dhat officer files and keeps
it, but does not record iU. surrenders
his certificate for cancellation, the
registrar makes the proper entry in
the "negister of Titles" and makes
out n new certificate to the purchaser;
then upon the payment of S3 the whole
/ transaction is closed. 4 sale and
transfer of any real estate can thus
/ be safely made in IA few minutes.
If the owner of Il certificate of title
wishes to mortgage his property. he