The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-23


dates. If representative citizens neg
lect this duty, our delegates will be
chosen by the political clique.
III -------------------------- ~
GERMAN SYSTEM OF REGISTERING
TITLES.
In Volume Xxx. OF the Reports OF
the American Bar Association the CONF
mittee on the Torrens system makes q
very striking and interesting state
ment on the value Of this system for
America. In it's report the committee
quotes largely from paper by Charles
Wetherill on the Judicial Recording
of Titles" Mr.. Wetherill says:
Robert Il. Torrens was employed
in the custom house in Adelaide, South
Australia, In 1850, and was familiar
with the transfer OF title to ship by
registration. He afterwards became
registrar OF deeds, and the idea oc-
Cured to him that 1t would be adj
vantageous to transfer land by tina
same method. Torrcns was not q law
yer, and, 1t seems. had not heard of
the German system from which the
English shipping act was derived; so
that he is fairly entitled to credit for
original invention, although the legal
principle Is old.
Under the German system, as well
as that of Australia there is in each
district an official public survey, by
which each plot Of land Is accurately
defined, and the German courts regis
ter plots as we'll as titles with GER
tainty and ease. The costs are so
moderate us to be in reach Of the
poorest landowner. The Legislative
acts are models OF precision and
Torrens, of the Australian lawyers and
Of the English cllancellors.
''The committee of the Pennsylvania
Bar Association. in their report of
1905. say that they prefer the German
system to the Torrens or the Aus
traltan. 49,
1.-THE German system Is superior to
ours. It Is simple, easily understood,
absolutely Just. Its Introduction into
pennsylvania would not involve any
radical change OF law, and it is not
violative or any principle of the Amer
lean Constitutions; 1T has the addi-
tional merit of being very cheap in
the cost of It's administration. af-
ter the cost of founding the survey
has been met. It gives practically
indefeasible title to the purchaser for
Value, and absolute security to the
MORTGAGE and lien claimant. Under its
provisions land is quick asset on
which money can be raised in any
amount. large or small, which It's in
trinsic value 5ustifies, at a minimum
Of expense, and delay. Where it has
been adopted. lit. has increased the
value Of land, the bulk Of dealings In
realty, and the facility Of borrowing
money, by stimulating investments in
~, NJ 4. q
ering the charges against the borrow
er. Above all, it has encouraged the
young workingmen to become the
owners of their homes, thereby as
sisting the most deserving class in the
community. pfF6
In Germany the law vests In the
registered owner absoluteS and inde-
feasible titles, subject, however to the
rectification of errors in all cases ex-
cept as against bona flde purchasers
for value. The registration OF titles In
Germany Is lnade with reference to,
and has direct connection with, the
system of land tax registers and maps
called cadasters. Registration is COM
pulsory. and the land is divided into
districts. with a local tribunal OF the
flrst instance In each. When notice to
register the land in one Of these dis
tricts Is given. each owner must ap-
ply for registration and the whole
district is brought under the law at
ono time. Boundaries are ascertained
and as part of the proceeding the
land tax registries are perfected.
The bringing of the land under the
operation of the law has been described
as follows:
The public authority relied upon
Tor the examination Of applications is
the local tribunal OF first instance
lamtsgerichD. 1t would have seemed
rather rash to oblige the provinces to
accept single magistrates determines
ton. as they had always been accus-
toned to having their lawsuits settled
by the magistrates. Where an order
has been given by the ministry of jus
tice In Berlin that registration shall
be begun In an amtsgericht district,
notice is sent teal tho district occu-
piers. requiring them to appear before
the tribunal and produce:
First. An extract from the cadaster
office showing the parcels they are be-
lieved to owr in any particular town.
ship.
Second. All their personal documents
serving as proofs Of their claim
"On the appointed day each appli-
cant is cross examined by the tribunal,
and statement is drawn up of his
declarations This statement contains:
"(a5 The name OF the applicants
predecessor
"(b) The legal nature OF the last
transfer concerning the land (sale,
grant. legacy. inheritance. auction. con-
tract, etc)
"(c) a reference to any document
produced by the applicant.
I'D list OF mortgages charged