New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-25
FOR TORRENS SYSTEM
Sin pler, Easier and More accurate,
lldcocates Tel Committees.
ny Telegraph TO The Tribune-l

!
/ judiciary Committees to-day advocates of the Co
haon- Prentice bill providing for the Torrens sys
tenn Of registering titles 10 real estate urged tina;
II would far simpler. easier and more accura to
than the existing hodge-podge scheme. Waller
I!ndner counsel for the Title Guarantee ard Trust
Company. and many other title company men who
came here TO oppose the bill summariy shut
off BY serajo- Davis. who declared that they had
mad al the consideration due to them at previous
hearings.
David A Clarkson. president OF the Real Estate
Board OF Brokers of Manhattan; a. y. Gitterman.
secretary of the legislative committee of that or
ganization: NJ. Joseph Harson, Sidney V Lowell Vi
+. Finnegan and many other New York and Brook
lyn real estate men spoke for the bill.
According to the Torreus system. the owner OF a
piece Of land wishing have the title TO the prop
erty registered goes into informs the court OF
his alleged TiSht to the property and of his desire
TO have his title registered The court then ad-
vertiseS the matter for a specified length of time
and calls on ali persons interested in the title to
appear before the court at certain date and set
forth their claims the property or protest the
title At the date specified by the court the owner
OF the property appears and tries establish hts
title to II. All others concerned also appear and
heard The court then determines the case
and unless the owners title Is disproved by those
who appear at the time he is permitted to
register the title. Once having registered it, it
not be questioned afterward in any circumstances.
Mr.. Clarkson made the principal speech. lie
said:
The chief objection of our opponents has been
that this bill fails to provide for due OF
law. That has been the cry Of all who have stood
81 e rsoms Of Of old 6f E E S ol nG
OF all who propose constructive legislation
as well as the cry Of the criminal in all ages
dhers is practically only one point upon which this
9DJecoh can De preo!cateGc ~ is because ING
be against all the world. not only of known
made that some persons might have interest in
the title registered in the name OF another. and
fhDf nOfle M oh hp hOO IN
him. and he would be cut of by only construc-
H aW 0'''e ana '"' "o''0 not DC 0u0 process q
He went on that in Illinois and California the
courts had sustained the system and said:
FOR TORRENs SYSTEM.
While the Torrens system itself has not yet
come up for adjudication here the principle OF
acting on general notices 10 cut off claimants has
as. for instance, in the matter Of land condemna-
ton. parks, streets. water. proceedings In bank
proceedings Of all kinds The case is in rem. and
Something more This matter did come 10 the Su-
had taken hold Of the question our opponents
would not have made any argument
Michael r. Finnegan. representing John Pull
man. chairman of the Allied Boards OF Trade OF
Kings County argued that the Torrens system was
feasible. There was no valid reason why real es-
tate should not be conveyed In tho same way that
stock Is conveyed by certificate. lie added
II had been said that it would take forty gears
to the system IN operation mere II
why IL should not be in full operation throughout
the whole state in three years time In aSri-
cultural counties II would only take year, ana
in six months il could be put into operation in the
three towns in Kings COUNTY where the real estate
transactions were at present most active.
II politics is eliminated the Torrens system can
b installed three years thoroughly, efficiently
and inexpensively In my opinion II ought 20 be
put under the jurisdiction OF either the Appellate
Court or the Court of Appeals. and the officers
should be compelled 10 report 20 the chief justice
of the court or TO the court itself In the mean
time. the proper thing 10 do about matter %
such magnitude is for the Governor and Legsla-
ture 10 appoint a commission OF men familiar with
such subjects 70 examine into the question and
port TO the next Legislature.