Gunnison news-champion., 1903-06-26
coulmaad ia.m a1a -.


NJ utaua A.s recenfly adagised !
iarren- Act. aHd u ~ interesting J.
u.fe thsf la foVcnl5cr. l.st2. fls
I tsoEernmeni pai a ssmil.lr acf
m t1rec in the Philippians. Including
partial compulsory rczIstratian- and
q hNe act - fasoFubly reported fn
hdwan An aEnendlaeut % the ill
H'is Inv receufly PASSED b. the legls-
latHrc n.akln1 registration c1mpai-
-ary Whenever property passes bS
descent receIyed the approval ct
Governor J ates aud " U soon be ln
force and al thIs writing a Torrens
las - ansieF consideration bv the
legislatures ct Virginia. Michigan.
Washington. Iowa. Missouri. Rhode
Island and several other states.
While all these acts are referred O.
as the ~'forreRs Law vet there h.
quite a WIDE difference both Ia their
Substance and methods IT procedure
and extend IN length all the way from
ltn to los sections.
The ACT prepared by the writer
contains ~ sections and j. based up
lu and follows very closely IA iis
general outlines the Minnesota Law.
which a. the time Of drafting Of the
biLl was deemed 30 be the most CON
cise and best adapted 30 this state II
amy law in existence. notwithstand
ing its apparent length The writer
was very much tempted 90 condense
The bill considerably. and ins,lv law
yers viii probably think that the act
could have been much shorter. But
one object in following the Minnesota
law was Co follow state. the consti-
tuition and practise Of which h. simi-
lar t0 our own. instead OF following
du eastern, southern or common law
state. aud at the same time to pattern
our own statute after one that has
stood the test in the supreme court
Of the state we followed. Besides
the great importance of the act. the
vasl property rights that will depend
upon its validity and the proneuess
d people to find antiquities and
technicalities, and to.test the validity
Of any law which they fear may az
feet their business interests. suggest
that every requirement OF the law
and each act oi each official should
he 50 clearly stated that any orlinar-
lily Intelligent citizen can readily nm
derstand every provision OF the sta
tute.
The author docs not al all faiter
himself into the belief that he has
wholly accomplished this result IF
he has succeeded reasonably well i'm
the FIRST draft of the law it will be
not only gratifying but fortunate;
and the experience Of this and other
states will in the future inevitably
suggest many important changes.
HOW To REGISTER a TITLE.
The general objects aimed at by
all the various ToTens acts are:
First Certainty in the establish
ment and proof of titles.
Second Simplicity 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:
(a) A public examination of title
by court Of competent jurisdiction.
lb) The registration of title found
upon such examination and the issu-
ance to the owner of a document
called a Certificate of Title which
declares that the person named there
in owns a specified estate in a speci-
fed piece Of land.
tc) The requirement that, subse-
quently, title to the land registered.
shall pass only by the entry of the
transfer upon the official register.
and not by virtue of a deed. which.
under this system, operates only as
a contract
I'D Notice ON the register and on
the certificate itself of any mattera af-
fectlng a registered title. Claims
not registered, have no validity. and
lel Indemnity against loss ont Of
The proceeding in all states is
merely simple form of suit brought
by the owner of the property against
the world to quiet his title. If his
title j. good. the court enters a decree
SO declaring That decree is re
corded in the Office Of the recorder
Of deeds. who is called the Regis
trar of titles. That official issues 10
the owner a certificate If title.
When the owner desires to transfer
the property he executes deed To
the purchaser and surrenders his
certificate OF title: the purchaser
takes the deed and certificate Of title