The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-07-04

The title may not be charged or alienad
without this notation on the record.
giving notice and protection to al!
who may wish to deal with the appa-
rent owner. OF course. it will be
understood that it is entirely compe-
tent Tor the Legislature to modify the
system as it may deem proper to
ADAPT 1t to local conditions. and this
mas been customary in States where
It has been adopted. There is no
iurther registration of the description
of the land nor of h adjudication of
ute. however many transfers there
may be-only the certificate and the
appropriate note. The record is con-
tlnuous after the initial registration,
each Item following its predecessor in
orderly sequence.
The history of the system is of little
consequence in this discussion. Little
more than a short extract from the
report Of the Torrens commission, al
ready referred to, will be needed for
this occasion:
The Torrens system of land title
registration derives its name from
Robert Richard Torrens. Who intro
dCced what was known as the Real
Act in the South Australia
Parliament in 1857. The act became
a law in 1853. This system. or sys-
TENS similar in principle, are in use
IN the English-speaking countries of
Australasia, British Guiana, British
Canada, CypruS, England,
ireland, Jamaica, Leeward Islands
Trinidad and Wales, and in the for
eign-speaking countries, AIstro-Hun-
gary. Denmark, Germany, Norway,
Sweden and Switzerland" It's. adop-
ton has been much more extended
n "a appears in this quotation. In
addition to various other English col
onies OF dependencies. it is now in
operation in many States of the Amer
lean Union. and its constitutionality
has been contested and established in
illinois and Massachusetts. AS a rule
the system has not been made COM
pulsory in the United States. and its
privileges have not been utilized as
freely as its advocates desired and
expected. Yet it has steadily gained
ground. I extract from a pamphlet
by b. Howell Griswold, Jr.. of Balti-
more, certain Interesting information
concerning this system in Illinois,
where it was first adopted in the
United States: In six years about
$500 certificates were granted in
Cook county. on property exceeding
in value SIS, OOO,O 900. ] have noticed,
myself, during the past two years that
Chicago Legal News are taken up
| weekly with land registration notices..
The Illinois Legislature passed an
amendment to the Torrens law in
1905 making it compulsory upon all
executors, administrators and trustees
holding title Or wv Of sale under
wills admitted to probate to apply for
registration of the properties of their
respective decedents. Under a refer
endum clause this amendment was
adopted in the city Of Chicago by a
majority Of more than 100000 votes.
The probate court may excuse such
application In cases where registration
may ppear to be a hardship.
ct is estimated that all the lands
in Cook county will be under the Tor
rens system in the course Of the next
thirty to thirty-fve years. 1t is sig
nificant Of the adaptability Of this sys-
tenn that it is in successful Operatlon
in Massachusetts,, a State distinctly
representative Of the conservatism OF
the East. and in Illinois, as distinctly
representative of the progressive
title guaranty corporations hostile to
such legislation. the system is being
perfected and rendered more practl-
cable and acceptable, while. in the ex-
| terrence Of California. Oregon, WASH
ington. Minnesota and other States we
have added evidence of its universal
application to varying conditions.
OF course. its adoption in this state
would work a revolution in land titles
and ~conveyancing. That. however. is
no reason for or against such action.
think it was John Stuart Mill who
wrote: The future Of mankind VIII
be gravely imperiled if great ques-
lions are left to be fought over be-
tween ignorant change and ignorant
oDposition to change The mere SEN
timent of conservatism must yield TO
hat better sentiment which welcomes
such healthful progress as tends to the
common good.
Present Conditions.
We are led. then. to an inquiry at
the outset whether there are condi-
lions in North Carolina so detrimental
tO public cOnvenien and interest. so
y~ioIative Of sound economic policy as
TO warrant the radical changes pro