New-York tribune., 1908-02-01
NEW LAND TITLE BILL.
NO EXTRA COURT NEEDED.
Measure Framed by Majority OF
T0rreRs Com mission.

Ia, -,,, p. introduced in the Assembly on Mon
GAY by kssemblyman George a Green OF bioon
lyn providing for the registration OF uties 10 ie
,ron.rtv and FOR Facilitating and cxpedltlng me
,ronefo- Of those titles It was drewa up by David
A. 6ia-l-son chairman of the commission appoiileu
under an act of the last Legislature 10 lnFesusa'e
.he To-rens system OF registering lalo nHe'
AIRED G Reeves. Gustave ". Thompson and
Rslnh Folks They are in favor of raoicai
change in the method perfecting and registering
tnnd titles and they think the needed reform can
be effected by the bill becoming law Iheir views
on this subject they set forth IN a report "ii'eH
they sent 10 Governor Hughes early this week To-
sether with a copy Of the bill for replacing old
lsnd little methods with methods which arc sue
cessftilly used in many states notably Massachu-
set;s
Eenry Pecram. Allan Robinson and I winthrop
Weston The other three members OF the conhlS-
xta., so submitted 10 the Governor report en-
bod-ins thc:r views the subject the substance
OF their report being that they DO not tflnk tile
-rorrens system would be feasible here OWING 10
the i-npcrtance OF the subject. Mr.. Robinson sent
10 The Governor a special report which he wrote
,-s,-self and which bore other signature except
his ozn III. work OF the commission was enoeo
yesse7day-
The bill rorepared by the majority members pro-
yides: That there be no land court; all cases are
IN be T,assel on III the SupreTne Court ana Uher-
ever there is a large number Of cases OF lahd
rislcs al a special term OF the supreme Court
there will be large body Of pubic examines
b'a'NA0AN'iN
the proceedings in the Supreme Court VIII aos"-
,u,elv determine and fix title before the little can
be registered and when title is registered in good
faith il becomes permanent and invioabie-
II also provides for tho payment Of one-tenth Of
! rer cent of the assessed valuation Of The prop
49,, re-istere,l and that is to be set aside
as an assurance fund That provision IS not abso-
l.lte: the principals may overlook it or accept IL
The average coss OF registering uties VIII MOI i"
moro than So and the time required 10 get an
,,,;tisr certificate OF land registration about TWO
months By initial certificate is meant The hrst
certificate affecting certain parcel ISSUED un'er
-he provisions Of the bill change OF ownership
could be made and 4 certificate Of reSlstra-
zion showing tha5 the property has changed hands
could BE- issued in few hours
The provisions relating to an assurance fund are
SIS follows:
..I-non The original registration real property
,here snail be paid The register one-tenth O.
ner cont Of the value thereof. the basis of
.he last assessment for local taxation. All money
received by the register under the provisions o.
mis- section shall paid 10 the treasurer OF tile
county Cn New York City to the City 'hamher-
lain, as an assurance fund for land registered IN
his co-ntv Said treasurer (or City Chamberlain
shall invest the same trust funds ard report
annually thereon. required 10y law. in reference
70 other funds in his hands,
ANY person who states, al tho original reglstra-
ton Of property that he takes such property with
o,,t aoo-s 10 a,lv action 10 recover compensation
out Of the assurance fund for any loss. damage or
deprivation shall not be required 20 make any
uavrnent on account OF said fund. in which case
the register shall plainly place on the ceTt1cate
of registration Of s1ch property or any duplicate
Or certified COPY thereof. the words without re
course IL :he assurance fund
Noril.r,g herein shall prevent any Tersoa owning
registered property from making payment to me
register Of the said oae1cnth NJ per cent Of the
SAID local assessed value thereof. wlereupon the
owner Of said property may thereafter avail him
self O: any right recover compensation from the
assurance fund Which may thereafter arise
and on receipt OF such payment the register sila'i
cancel the vvcr,s without recourse 10 the assur-
ence fund from The certificate OF registration, any
duplicate OF COPY thereof
II an action is brought recover for loss or
damage o. deprivation # real property. or OF any
estate 1:-u - interest therein, which arises
whclly th~ous.. any fraad- negligence. omission
rniS-a+e OF -liefeasa-sce o. the registrar or his
deputies or clerks IN the performance ~ their re-
Vspectire duties the action SHAH be brought against
the Ccuntv Treasurer 'ia Kew York City the city
Chamberlain tne defendant
Il such action Is brought 20 recover for loss or
damage or deprivation q real property Or 81 any
estate liCl; o. interest therein. which arises
wholly through a,y fraad. negligence. omission.
mistake or rlsfeasauce 4 some person or persons
other than the registrar TIE other officers and
assistants above named. which arises jointly
Through TIE fraud. :.egise'ce. omission, mistake
or naiseasance Of such other person and The regis
rrar OF the other offee-s and assistants above
the County Treasurer tin New York CITY the City
Chamberlain snd such ether person ~ persons
as co-defendan;s.
In anv sctioa where there are defendants other
.l,an Tie Count Treasurer Gin Kew York City the
CITY Chamberlain and damages snail have been
recovered 10 enaI Judgment snail be entered
against the County Treasurer tin New York CitN
The CITY Chamberlain until execution against the
other defendants shall have been returned unsatis-
fed in whole IN :,ar5. and the o4icer returning
rhe execution shan certify that the amount s;li
due upon tlze execution cannot he collected except
hv ratification II t,e assurance fund TheIeupon
The court being satisfied - the truth oi such
return MAJ. upon proper showing orde: the
amount the execution and costs or 50 Huch
thereof as remains unsatisfied 70 le paid by the
County Treasurer ogt of The assurance FUND
in his report Allan Robinson says: Under our
CONSTITUTIONS requirements ndefeastiiify cannot
be given 10 a registered tile Such a title IS good
onlv .s agai.st thoso persons who have been
brought into j.e proceeding b= pror.r service ~
rori.a 'rtEs means that tho question oi proper
se-1ia, : ne g:-at IS likely n be raised in any
question E registration