The San Francisco call., 1906-06-04
EARTHQUAKE EXPERTS MAKE REPORT TO GOVERNOR
Bill Will Quiet tile
to Property for
All Time.
Measure of Greatest
Importance Before
Legislature.

SACRAMENTO, June 3.-More inn
the Legislature is one drawn by the
legislative subcommittee of the San
Francisco reconstruction committee,
providing means by which titles to the
thousands of separate properties within
the burned district of the metropolis
may be cleared of all clouds. Garret
McEnerney, representing the sub-com-
mittee on legislation, is in Sacramento
in the interest of this bill, which he
says is of the greatest Importance. Its
most important features follow:
Whenever the records in the office Of
a county recorder have been, or shall
hereafter be, lost or destroyed, in whole
or in any material part. by flood, fire,
earthquake, or other catastrophe, any
person who is, by himself or his ten
ant. in the actual and peaeeable pos, pos,
session of any real property in such
county, may bring and maintain an ac-
tion in rem, against all the world, 70
establish his title to such property and
to determine all adverse claims thereto
owned by the plaintiff may be united In
the same action. The plaintiff must at
the time of fling the complaint. and
every defendant claiming any affirma-
tive relief must at the time of filing his
answer, record in the office OF the re-
corder of the county in which the prop
of action, containing the object Of the
action or defense. and description or
the property affected thereby; and the
recorder shall record the same in a
book devoted exclusively to the recor-
dation of such notices, and shall entef, /,
upon a map or plat of the parcels or
pose, on that part OF the map or plat
representing the parcel or parcels SO
described, q reference to the date ni
the filings of such notice and. when
r-apnrf1ad n thp hnnk and mage OF the
record thereof. From the time of fling
such notice for record only shall pur-
chaser or encumbrancer of property ef-
fected thereby be deemed to have con-
structive notice of the tendency or the
action.
1--WE will assume" said McEnerney,
that it is desired to place upon the
market a piece of property in San
Francisco worth s1000,000. The pros
pective purchaser asks, as he naturally
would, for a clear title. The records
are burned. The owner of the prop
erty points to the fact that some title
insurance company will guarantee the
title, but investigation discloses the
fact that the assets of. the title in
surance company are less than the
value of the property in question and
that already the company has policies
issued in excess, by many millions of It's
assets. The prospective purchaser Will.
perhaps. not care to part with his mil
lion dollars when admittedly the or
iginal records of title are in ashes.
Clearly another title, good against all
the world. must be secured.
; There is but one way under the cir
cumstances that this can be accom-
plished and this is by an action in
rem. The provisions of this bill cover
every contingency. and title may be
cleared for all time and against all men
through their operation. 1t is impera-
tive that the bill pass, fact, believe.
that every legislator in Sacramento
recognizes"
Without question this bill will be-
come a law before the week is at an
end