The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-02-14
THE: TITLE
TO LANDS.
"a Bill to Put in Force@the
Torrenss System.
OFFERED BY M'lLWAINE
Makes It Easy for LaYmen to Examine
Titles to Proporty-ls Very Popular.
Where It Has Been
Tried.

A Very important bill was introduced
into the Senate yesterday by Senator w.
b. McIlwalne, OF Petersburg, embodying
now system for tho settlement and
registration OF land titles throughout the
State. This Is subject which has en-
gagged tho attention OF the thoughtful
lawyers in Virginia and a number OF
other States for some years, and many
owners of real estate, and other business
men have been urging some such change
In the laws as Is mado by this bill. A
Joint resolution wss passed by the Cen
cral Assembly on February Is. 1901, ap-
pointing a committee to draft q bill to
be considered by tho Legislature; and the
recent Constitutional Convention gave
special power. BY section 100 OF the new
Constitution, for the Legislature to es-
tablish a Court OF Land Registration for
the administration OF any law 1t might
adopt on the subject.
Senator McIlwalne's bill has been drawn
In accordance with the Joint resolution
md constitutional provision Just return
ed. and may be briefly summarized as
follows:
THE BILL IN BRIEF.
1t esta bllshes n court, with Jurisdiction
throughout the Commonwealth, In which
any person may file q petition for the
registration OF the title to his land. The
court Is to have one judge and one re-
corder with a general office In Richmond;
md all the county clerks and city clerks
Of court OF records throughout the State
are to be assistant recorders. Petitions
~, vln Aip<rs ar IN hn filed In the
clerks Offices of these courts. there to be
docketed and then sent to the court in
puchmond, when the case Is ready for
hearing. All persons who may have any
interest in or claim against the land are
to be notified by order OF publication
and otherwise: and when the cause ma
lures It Is referred to an examiner OF titles
IN the county or corporation where the
land lies. who make report on the
title to the court.
The whole case may be heard by the
Court of Land Registration. or. in cases
OF contest II any one wishes a jury, Is
cues OF fact are to be tried by the Gle
cult Court OF the county or proper
city court OF the corporation In which
the land lies. II the title Is found good
after full hearing, II Is ordered to be
registered by the Court OF Land Regis
tration. And after registration there
Will be no moro trouble ABOUT inc TUE
The original certificate Of registration IS
kept inf tho office of the assistant re-
cordcr In a book to be known as the
Register Of Titles. and the owner Is gwen
an exact copy OF the certificate, called
tho Owners Duplicate Certificate" This
shows his precise title. and is In some
respects like registered bond.
CLEAR AS DAY.
Anybody, whether q lawyer or not, can
tell all about the title BY looking at the
ceruhcate; and owners OF real estate
can deal with their property almost as
readily as with registered bonds. There
is but small delay. no uncertainty. and
small expense. This is what business
men like. and that is the reason they
favor this system. No one Is COM
PEELED to register his land but the law
IS popular everywhere 1t has been in
operation for any length Of time. We
will have more to say about the bill
hereafter. A bill following the NIassa-
1chusetts law was introduced into the
House Of Delegates last December by
Hon. D.. II. Leake. OF Goochland. and
he Is an able advocate of the systAa1
which Is believed to have many strong
friends both in and out OF the 1egisla-
ture.