The sun. (Jacksonville, Fla.) 1905-1908, 1906-10-27


Torrens act was declared constitutional by the
supreme courtin the case OF Taylor va Judges OF
the Court OF Registration, reported In 175th Mass
page n and 51st l.. n. A., page 49, This case was
appealed. to the Supreme Court of the United
States and dismissed Dec. H. 1900, as reported in
l7sth Y. 81 page 4o4 The law was adopted IN
Ohio. but was declared unconstitutional. The
weight OF evidence Is heavy the side OF the con-
situt.0nality OF the act and is preponderately ON
the side Of the practicability of the act as EVIL
denceds by the large number of states that have
considered it favorably. I'm sg'EaNA
The. Torrens oct has, been In use in Illinois
longer than in any other state. and all connected
with the once OF the registrar OF titles created by
II are Arm believers in the efficiency OF the system
and have doubt that II will ultimately establish
ssuhder the Illinois act the principal features OF
the Torrens System may be briefly stated as fol-
lows:
The advantages OF this system Of dealing with
land titles can BE- obtained at very slight expense
and with very little trouble. In fact In many
cases an initial registration may be obtained al an
expense which will not exceed that Of having the
abstract OF title brought down to date f the prop
erty is dealt With under the old system The
method and eject Of registration may be simply
outlined as follows: M.
/, The law provides for q simple proceeding 10
be brought by the owner in Q court Of competent
Jurisdiction. The only pleading required Is the
b application signed and sworn to by the owner.
me registration once furnishes printed blanks
Tor that purpose. The APPLICATION ia referred by
the court to one Of the examiners Of titles. who
reports to It the condition Of the title; ig the ap
Ilicants title 10 found good, decree Is entered
directing the registrar TO issue to the applicant
a certificate Of title The issuance OF the certin-
cate completes the registration Ordinarily the
whole proceeding in uncontested cases should not
take much over thirty days ig0s i40is sllig H s8t
M 3 The statutory fees for registering titles are as
follows: gY al5lialblrh 81 N@l0Rs0e 9i slmFs
II Clerk OF court on filing application IS 500 i
Registrar for examination OF title. .... 1900 as
publication notice ..... ~. zoo BF
Registrar on issue OF certificate OF title 200 ll
81 Mtt nfst &89Etttaf8 9aaftf $1,000. 4its
M Total ..... y. |. n. ..il \. S . . ". u! S24OO
II there be parties defendant upon whom sum-
mons Is to be served there will be sherifFs Zee
OF 81 for each person 50 served This expense IL
avoided where the defendants consent TO the reg
lstration.) ~ nN9 aai 'atA'hb ita Il es ~
Each applicant for nrst registration contributes
to the indemnity fund onetenth Of one per cent OF
the value Of the property, or 81 on each $1,000
This fee Is payable only upon rst registration and
when the registered title passes BY devise or de-
scent The indemnity fund Is invested by the
county treasurer under order OF the county court
In bonds OF the United States affi
1908. II ,is necessary In securing certificate OF
title that the owner Of the property furnish an
abstract OF title to October o. 1871. the day OF the
great FIRE. after which the records IN the record
er's ONCE show O.. the conveyances. The continu-
alton Of the abstract from that time to the date OF
issp. eiai CONTINUED on Page seyen) "