Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-07

drafted the text Of bill for register
ing and confirming titles 10 land. and
we understand that It follows the well
known Massachusetts, Act adapting It
to the needs OF these Islands. The bill
as handed TO us February 9Th. contains
about 1900 words. and II will require
more time than this committee has had
to enable II TO examine and scrutinize
the text of the bill, so as to render .
report on the matter finally.
We believe that the Research Club
has done much hard work In thus pre-
pairing the text of a measure, and wish
to express our appreciation Of the pub
lie spirit thus shown.
The committee is Fastening to pas
upon the text Of the bill. as submitted
to It, and requests that II be given on
week more time to make its report.
Very respectfully yours,
p. l.. WEAVER. Chairman;
l.. A. DICKEY.
A. S. HARTWELI..
Part Of Report OF Committee Of the Re
search Club.
The land Title Registration Acts oil
the United States, following Other
countries. adopt a system of register.
ing land title, in place OF the mere
evidence OF title, such as deeds, pro
bate proceedings. wills, etc. Il abol.
ishes the necessity Of histories of title
or abstracts, and substitutes a system
of insured certificate of title. as Ger.
tain and prompt as the ordinary GER
tlhcates of stock in corporation.
The objections to the present system
may be summarized, as Expense, DE.
lay. Insecurity.
Expense, because Of the constantly
increasing chain OF conveyances, and
consequent expensive abstracts; and
opinion OF counsel on the title.
Delay. because OF the necessary alb
stracts, of furnishing evidence to sup.
' ply the breaks in the record of the
title, and Of negotiations to correct de-
fects. opinion of counsel on the title
Insecurity. because of mistakes In
the abstracts, and because a court OF
law may give an opinion contrary u
the opinion of counsel Cfor counsel do
make mistakes OF law Often no
counsel can foretoll what jury would
find on the facts, II before him for
opinion on facts, as well as law. De-
lay is further occasioned BY these de-
fects. and real estate is proverbially a
SLOW" asset.
Experience in Massachusetts indi-
Gates that the Torrens system will cor
rect these defects.
/. II will make land 'quick" asset
2. Initial registration will be equal
to single transfer under the present
system. In subsequent onyeyances the
transfer will be much less. In ordin'
AIRY cases the cost will be from two u
three dollars.
3. Promptness. when once regis
tered the transfer or mortgage includ
ing the examination OF the title can b,
completed within an hour.
4. The records are simplifed an,
shortened. No conveyances are record
ed. A deed is only a binding contrac
TO sell and to deliver the certificate o
title to the buyer, and an authorit,
to the buyer to transfer the title on thu
registrars books.
In general, the principles of the Tor
rens land system in the United State
are:
/. An examination of title by ,
court OF competent jurisdiction, witt
actual or constructive notice to al
claimants, and unknown owners.
2. A registration of the map AM
the title found upon such examination
3, Issuance by an administrative
officer of certificate of such title
with its membranes thereon noted
4. The recalling of such certificat
and the re-registration of title witt
every subsequent transfer.
8. The barring Of any claims or in
terests in the land not noted on tn
original certificate and the copy there
of issued.
@. Indemnity against loss by mis-
take or fraud on the part of the pur
chaser by government insuranc
fund.
In Canada, a further valuable pro
vision Is made in the law, for, In On
tario, there is procedure for regis
tering the fact that the claimant is |
adverse possession without recor
title, claiming to own the premises.
The preliminary certificate merel
proves the fact of adverse possessio
from the date OF the certificate, whic
would ripen into registerable It'll,
after tho lnnSa nf n sufficient narind q