Gilpin observer., 1903-07-23


the Torrens bill, went into effect July
18th. AS the law is of great import
ance and far-reaching in its effects the
following brief synopsis of its provis-
fons, 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 at by all
the various Torrens acts are:
First-Certainty in the establish
ment and proof of title; and
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.
| (b) The registration Of title found
upon such examination, and the issu-
ance to the owner of document
caned a Certificate of Title," which
declares, that the person named there
in owns a specified estate in speci-
fed piece of land;
(c) 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 deed, which, under
this system, operates only as con-
tract.
(d) Notice on the register and on the
certificate itself of any matter affect
ing q registered title. Claims not
registered, have no validity; and
(e) Indemnity against loss out Of an
assurance fund.
The proceeding in all states is mere
ly simple form of a suit brought by
the owner of the property against all
the world to quiet his title. If his
title is good, the court enters decree
SO declaring. That decree is recorded
in the office of the recorder of deeds,
who is called the Register" Of titles.
That official issues to the owner u
certificate of title. When the owner
uesires to transfer the property, he ex-
ecutes a deed to the purchaser and
surrenders his certificate of title; the
purchaser takes the deed and certifi-
cate Of title and delivers them to the
Registrar; the Registrar files the deed
in his Office and leaves it there, can
Hels the old certificate of title and is
sues new one to the new owner,
makes the proper entry upon the book
in his office for that purpose, which Is
called the Register" and upon the
payment of a small fee the transac-
tion is complete.
Inc 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
nents, keep certain special books, and
he Is financially responsible for the
acts of his deputy. He collects GER
| tain small fees, but receives no addi-
tional salary over and above that al
ready provided by law for his duties
| as Clerk and Recorder.
Under r-our statute the owner Of prop
erty desiring to register his title. must
first obtain complete abstract of title
TO the property desired to be registered.
Then he should obtain from the clerk
Of the District Court blank form of
an application for initial registration,
and fill that out complete and sign it
and swear to it. This application Is a
simple, short and plain form of pc
tition to the court, reciting the name
of the owner of the land, descrip-
tion 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 gen.
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 a prayer to the
District Court to investigate and de-
clare the title or interest of the 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
tiiing of that petition the applicant
pays to the clerk of lne court a docket
Co.. to- l. tl,,,,
10000 population, and in counties hav-
ing less population the docket fee is
So. That sum is in full payment of
all clerks fees and 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 So
which is in full payment of all fees
on behalf of such defendant, in all
counties.
When the owner of registered prop
erty sells his land, he makes out an
ordinary deed, quit-claim is as good
as warranty, because the deed is
merely contract of sale that does not
of itself transfer the title. The ven-
dor delivers the deed and his certif-
cate of title to the purchaser. The
purchaser takes that deed and certif-
cate Of title to the Registrars office,
hies his deed and leaves 1t with the
Registrar Chat officer files and keeps
1t, but does not record IT., surrenders
his certificate for cancellation, the
registrar makes the, proper entry in
the "Register of Titles" and makes
out n new certificate to the purchaser:
then upon the payment of So the whole
transaction is closed. A sale and
transfer of any real estate can thus
be safely made in Il few minutes.
II the owner of certificate of title
wishes to mortgage his property. he