Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-01

cut out this court, would be to throw
them back to the original complicated
system. Their titles would be settled,
to be sure, up to the time of registra
ton with the Land Court, but after
that the old method would hold them
when IL came to transfers, mortgages,
inheritances and the other numerous
matters of record in the history of real
property.
Weaver gives the following interest.
ing history of the law in this country:
The "Torrens System" Of land title
registration and transfer authorized by
the Land Registration Act Of 1903. was
first officially recognized by commits.
sion of the House of Representatives
of the Session of 1898.
On this commission were A. v.
Gear, chairman; A. q. NJ. Robertson
and w. c. Achi, who reported to the
session OF 1898 in favor of compulsory
registration of titles to land. Nothing
was done, however, by the Legisla
ture.
IN 1902, Philip L. Weaver of the Ho.
nolulu bar began agitation upon the
subject after reading an article from
the pen of Hon. Leonard A. Jones. the
law book writer and Judge Of the Mas.
sachusetts Court. This showed how
prepared a bill. The Bar Association
upon the report of committee con.
sisting Of P. l.. Weaver, Hon. A. s..
Hartwell and Lyle A. Dickey, also
passed resolutions favoring such leg
islation. Governor Dole recommended
such legislation in his message to the
Legislature of 1908. The bill was
then introduced into the legislature,
and passed In the session OF 1908, by
tho hearty support of its friends there,
added to the efforts of those interest
ed in the reform.
The Land Registration Act went IN
of Land Registration was opened for
business October 10th, 1903
Following is a list of Governments
adopting the Torrens system of land
Registrations:
British Empire-1S5S, South Aus.
tralia: the real property act proposed
by Robert Richard Torrens OF AIDE
beneficial the new system had proved
in that Commonwealth.
The support and cooperation of the
Research Club of Honolulu was OBJ
tanned by an address to them and also
that of the Bar Association of Homo
lulu. A committee OF the Research
Club consisting Of p. l.. Weaver, chair
man: C. II. Merriam, Walter L. Wall
Geo b. Mcclellan and F. J. Lowrey
laide; this act was modified In 1S5S.6l
and became the model on which al
subsequent legislation In English
speaking countries was planned: 1861
Queensland; 1862, Victoria; 1862, New
South Wales: 1862. Tasmania; 1870
New Zealand; 1870, Province of Brit
ish Columbia: 1874. Great Britain
Lord Cairns Act: 1885, Province o.
Ontario: 1885, Province of Manitoba
1856, Dominion of Canada (Territor
ies): 1891, Local registeries in Ira
land
United States--1S95. Illinois, statut,
declared unconstitutional; People vs
Chase, 165 III. 526, amended 1897, 1904
Upheld People VS.. Simon, l76 Ill. 1G5
1896, Ohio; declared unconstitutional
/. State VS.. Guilbert, Sc Oh. St, SIS, ant
amended; 1897. California; 1898, Mas
sachusetts; declared constitutional
Tyler VS.. Judges. 175 Mass. II: 1901
Minnesota; declared constitutional
State VS.. Westfall, SO N. W. 175 $500
1901. Oregon; 1903, Philippine Isl
ands; 1908, Hawaii; 1908, Colorado.
Sidney NJ. Ballou's injunction suit
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