The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-17
BILL NOW PENDING
IN STATE LEGISLATURE
System Takes lis Name
From the Founder, a
Native of Ireland

AS the question of title is the most
important to the largest number OF
property owners in the State of Okla
homa. and bill Is pending on that
topic The Leader took occasion 10 ask
OF the best authority on bonds and
mortgages for a complete description
of the Torreus system. and copy of
an article of recent publication. giving
! history of the author, the system, etc,
has been forwarded, and is of great
interest to the people of the new
state
4 is from Bonds & Mortgages and
reads:
In view Of the interest being
aroused throughout the real estate In
terests of the nation regarding the
adoption OF the TOrrens system of land
! registration. the history of that idea
lis pertinent The TOrrens system was
of humble beginnings The system
takes its name from its foimder, Rob
ert Richard TorreBs, q native OF Cork,
! ireland, who was educated at Trinity
College, Dublin. lie went so South
Australia IN 1910 and IN 1857 became
premier OF tho parliament of South
Australia Although the oldest title
to Australia land dated back only
about seVenty-iive years. he found the
system as complex and confusing with
NEARLY as much red tape as the English
System This was natural. as the
settlers, bringing their English tradi
tions with them. felt that obscurity and
confusion were necessary parts ~
iute TO land and that 1t would bc
Insecure under a simple and sane
lmethod
Mr.. Torrens was a plain business
man. He was not a lawyer, and there
fore could not appreciate the advant-
ages of circumlocution. delay, expense
and red tape He had been collector
OF customs of Port Adelaide for a
number OF years and had become IA
mliar with the transfer of ownership
In and mortgaeing of ships A sys-
tenn that worked well i'm property that
| floaied from port 90 port ought TO
work with even better resultes when
the property was as fixed and immoy-
able as land He therefore prepared
"A bill embOdying these ideas and
principles. which was introduced into
| the parliament of South Australia in
! 1857 The preamble stated that "tho
Inhabitants are subjected TO losses,
heavy costs ana much perplexlty by
reason that the laws relating TO the
transfer and Cncumbrancc of freehold
and other interests In land are COM
lpleX cumbrous and unsuited 10 the
requirements OF said inhabitants"
4 The measure became a law in 1858.
land met with SO much success that the
lother divisions of Australia and New
Zealand quickly adopted IT, Many of
It's provisions have been Ia operation
lin nearly all the provinces of Canada
flor "A number of years
Adopted by Several States.
/ Notifications of the Australian sys-
kem have also become "a law I'm the
Estates of Massachusetts Illinois, Col
lorado Minnesota. California and ore
lyon. and in our possessions I'm Porto
Rico Hawaii and the Philippines.
lThc basic principle is that as the state
Is the original and ultimate owner of
all the land within the jurisdiction. IN
accordance with the doctrines of emi,
nent domain. she should exercise the
fright of granting good titles 10 hor
\ citizens. and provide the machinery
TO keep these titles good under the
just administration of equitable land
liaws. AS indeleasibility of une Is in.
Indispensable, end as in spite of every
nrecaution a mistake may be made. 1T
becomes necessary 40 provide COmpen-
satiun for person who may possible be-
deprived of their land For this pur.
pose fund rs created by charging
AN assurance fee equal TO about ONE
tenth ~ ner cent of the appraised
valuc of the pronpftq.
Undor the Australian laws. after
land has heen brought under tho oper-
ation of this statute no transfer As
possible except by regieirution "A
separate account is opened al HE
rgglsicrs Office tor each parcel of land
bought under ihe provisions of she act.
py making a certificate of tltle which
is ISSUED % The owner. Am cortihca-
tons before the last are obsolete.
land me examination has nothing TO
do with them. Therefore. transfer
lot title er the negotiation OF a mort
gage can often be consummated ia "A
flew hours. aud after al a COST of less
inan So.
! Tho English blue book for 1891 CON
ttins the rpori of q special commits
sion explaining iho working OF the
tasrens stem On Australia The
lregisfer general on each oi the dNl-
/ sions of Australia repors MS iurlsdic-
ton and The register general iOr
New south Wales reports that "al-
though the act has been iu operation
lsishteen years, no compensation has
been made Tor the depriyagsa of
lproporty nor has any claim been sN-
lstalned agqinsi the assurance fund
(which az ihp present limo amounts 10
t2e,veo l>s0lo00l The p0palarity sf
ihe aci IS 50 well secured and lhc pnh
lic generally haa become So accus