Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-20

description), subject to the membranes
easements and charges noted thereon. On
| this certificate all lesser estates are noted
| such mortgages easements and so
| forth.
| After first certificate of title has been
issued transfers can be made by simply
| ming deed with the registrar. together
with the owners certificate when the
| registrar issues new certificate to the
| purchaser.
Transfers in real estate can thus be made
within a few hours after the first issue has
been made. 1t ordinarily takes about thir-
ty-fve days to obtain the first certificate.
In case the owner of registered property
desires to borrow money upon it he brings
ms certificate, together with the mortgage,
10 the registrars office and the mortgage
Is noted upon the certificate and dupli-
cate mortgages certificate is given to the
mortBagee. When the mortgage is paid
on 1t is similarly entered.
Any suit or proceeding for any purpose
whatever affecting registered land shall be
deemed a lis pendens only when a certifi-
cate of the tendency of such suit has been
hled with the registrar.
In addition to certain fees amounting to
about go which the applicant has to
pay for obtaining a registered title he
also mas TO pay one-tcnth of | per cent of
the value of the property registered into an
indemnity fund which is used to protect
and insure the county against losses which
may result through errors the part of
the court.
nected with registering real estate has re-
dress from the county for such DANA ges
as he INDY have suffered, provided the
claim be brought within ten years, except
in the case of infants, who are given long
period during which they can make APP
peal. But after two years no property can
be taken away from the person to whom
certificate of title has been issued
This bill provides that the act shall go
into effect only when adopted by vote
of the people of the county, on a petition
OF not less than $50 votes
California has had a law providing for
the Torrens system. but as has been the
case in every state where it has been
| adopted it has been attacked on the cues
ton of its constitutionalty. The three
points made against the law We're: First
that the notice provided by the act de-
priVed person of his property WITHOUT due
process of law. Second. that the act con
ferred upon the courts ministerial functions
and upon the registrar judicial functions
Third that the object of the act was not
properly designated in its title. On April
> the supreme court of California handed
down decision sustaining the act on these
points. The decision cleared the way for
the operation of the Torrens system in that
state, although it is said the law is i'm
perfect in many of its details. The SUI
preme courts decision contained the fol-
lowing statement: The state has full
control over the subject of the mode of
transferring and establishing titles to prop
erty within its limits. For these purposes
the state has power to provide a special
proceeding in the nature of a proceeding In
rem, to fix the status of the land and de-
clare the nature of the titles and interests
therein and the person or persons in whom
such titles ard interests are at the time
vested. 1t may do this whenever il may
be considered necessary or likely to pro-
mote the general welfare"