Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-16

AAk VI HANE'nfh h'NN Ah"eF "hANh Ah'
Legislature will be asked to consider.
justifes compliance with the request
for short resume OF the proposed
Torrens system Of land transfers.
II cannot be doubted that whatever
laws are passed by the Territorial Leg.
islature concerning the transfer of
land in Hawaii will AFFECT In greater
or lesser degree, almost every citizen.
IL may not concern any particular per.
son for a number of years, but II will
eventually come to him, either for
praise or condemnation.
Why is the present system unsatis.
factory? is one of the first questions
which require an answer.
No doubt the present system Of
transferring land is well understood
and is, perhaps. well liked by some
few individuals. but IL Is such cum.
bersome system that II cannot be util
lied Understandings by the average
layman. The heavy expense connect.
Cd with a transfer of property at this
time is inseparable from the present
system of land registration, or, rather.
deed registration. There is also n
great delay in ascertaining the condi.
ton of title to the land in question,
which fact alone oftentimes entirely
defeats the end sought.
But, perhaps, the greatest defect in
cur present system Ia that II furnishes
us with practically no indisputable Sc
curity. In other words, the land own.
er is liable to be called upon. at any
time. to defend or prove his title to his
business block, or even to his home
stead tract upon which he may have
lived in apparent security for years.
The above may be cited as a few of
the more important defects in our
present system which affect directly,
every land owner in the Territory.
Other defects which affect the Gov.
eminent directly and the land owner
indirectly are those of increased cost
OF operation and demand for greater
vault and office space. The continual
accumulation of heavy volumes Is
merely IN incident to the operation OF
the present system, and is perhaps one
Of the main reasons why this system Is
SO unavoidable.
The above mentioned defects are all
the result, lot of the administration OF
the system, but Of the system itself
And II these defects are to he remedled
l. Is obvious that we must make a rad
ical change and secure a new system
That such a system, as will correct
the defects In our own system, Is in eX
istence is now well knsH,l. and the
community have to thank the Research
Club, whose efforts have brought the
matter to the attention of the public
and 20 the Legislature.
a, An adaptation of the so.called
''Torrens law" passed by the State OF
Massachusetts. would, 1t is confidently
expected, correct the defects In oui
present system of registration. Pre-
vlous to the adoption Of this law, Mas
sachusetts was under a system, SINH
lar, in all vital respects, to the present
Territorial one.
IL may not be inOpportune to state
what the operation of IA land registra
tl"n act actually requires of the LAND
cwner who brings hts land under the
oct.
The initial registration OF any piece
Cf land requires that, previous to reg
istration, an examination of title shall
be made, which examination, together
with other evidence, is passed upon 10y
the Court of Land Registration. Propei
notice having first been given to al
parties that evidence will be heard b,
the Court at a stated time In deroga
ton or substantiation of the appli
cant's claim to a registered title.
This Court OF Land Registration Il
composed of one Judge and the Re
corder who Is ex-ofilcio clerk of tn,
court; this court has exclusive origi
nal jurisdiction in all matters pertain
ing TO the registration OF title TO land
and has power to adjourn to any Judi
cial district, as occasion may require
II the examination of title and evi
dence show proper condition of titl'
the court Issues decree TO that effec
and the Recorder OF the Court OF LANE
Registration issues a certificate of It'll,
upon which Is shown the encumbrances
IL any. a duplicate certificate is deliv
cred to the owner OF the land, which
shows all the facts contained in tn,
original being filed in the Recorder
Office.
I. 1. I. + 1. 4. 4. 4. 1. 4. 1. 4. 4. j. i. 4. 4. ::