The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-01-14
TORRENS SYSTEM
\ BILL FOR IT'S ENACTMENT BE-
FORE THE HOUSE.

Synopsis OF the Bill as Proposed by
! Representative j. Archie Willis of
Laurens.
A bill providing for the adoption
of the Torrens system of land regis
tration was introduced into the house
Friday morning by ]. Archie Will
lis, member from Laurens county,
and the following Is a synopsis of
the bill:
A referee, who shall be appointed
in each county, shall constitute
courts of land registration, for the
purpose of the settlement, registra-
tion, transfer, and assurances of IL
ties to lands within their respective
jurisdiction. The Jurisdiction of
the registration courts shall be the
same as that over which the regis
trar of said county shall have jurls-
diction as clerk of court.
After the petition has been made
to the court for registered title,
and the decree has been granted, a
petition for rehearing may be filed
within one hundred and twenty days
after the granting of said degree.
1t is provided in the bill to be
introduced that the clerk of the
court of each county shall be the
registrar OF the land registration
court. The "said registrars and their
deputies shall be authorized and re-
.quired, under the direction Of their
respective courts, to issue process
and to enter the decree Of the court
touching lands in their respective
counties or corporations, and to en-
ter and issue certificates of title, as
provided herein, whereby the seal
of the court to such certificates and
their duplicates -. and generally
to perform such other acts and du-
ties as the court may prescribe"
The clerks Of the court when ap-
pointed registrars of the land courts
shall qualify and give bond for the
faithful performance Of their duties.
Two or more lawyers of the coun-
ty in which the court has jurisdic-
tion shall be appointed as examiners
Of titles, and these may also be ap-
pointed referees in the cases filed.
It shall be their duty to search
the records and to investigate all
facts stated in petitions for regis
tered titles.
Petitions for registration of any
land or lands may be made by the
''person or persons claiming, singly
or collectively, to own or to have
the power of appointing or dlsposing
of an estate in fee simple in any
land, whether subject to liens or
not"
The petition Is filed under the
provision of the bid in the regis
trar's office, after which the court
shall cause notice of same to be sent
to "all whom it may concern" same
being sent Dy registered mail, and
certificates Of these notices shall be
filed with the petition, and shall be
conclusive proof Of service. Any
persons having an interest in or
claim against the land for which the
petition has be9n filed, may answer
the petition before the final decree
has been given. The court may have
the land in question surveyed, if it
thinks it necessary.
With the exception Of executors
and administrators who are winding
,up estates, i is left purely optional
with all landowners as to whether
they shall nave their land registered
but it is believed by many that should
The bill pass and become law, the
majority of land owners will want
their titles registered rs soon as they
can have them registered.
The decree Of registration is final,
it quiets the title, and binds against
all the world, subject to appeal, as
provided by the bill.
When a tract Of land has been
registered an original certificate is
kept in the Office Of the registrar
and a duplicate certificate is given
the holder Of the land registered.
The original and duplicate each show
all the membranes, if there are
any, against the land registered, and
anyone may tell at any time the ex-
act condition Of tha title. All in
cumbranccs placed on the land after
registration must be recorded on
both the original and duplicate cer-
I tilicates Of title.
Under the provisions Of the bill,
the land when once examined b.
the examining attorneys and regis
tered in tile court CT land re.iStTa-
ton shall De guaranteed TO the hold
er Of the title. the State making the
guarantee. An assurance fund or
one-tenth OF one per cent Of the as
sesscd vaiua o: the land is paid IL
TO the registrar when the land is reg
istered. This amount is kept by the
registrar until turned over TO the
State treasurer. It is held by the
State treasurer 70 pay OFF any loss
that may come 20 the State from!
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