Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-05

the official who has 1t in charge, and
II is to be used to indemnify any per-
SON who sustains loss or damage by
reason of mistake or defects in the
registration. After the expiration of
certain period, usually two years, from
the date Of the first registration, no
person, whatever may be his claim,
may question the validity Of the title.
In other words, any person who may
have been interested but who was not
notified Of the application for regis
tration may, within this time, have an
opportunity to establish the validity
Of his claim. Failure to establish an
adverse claim within this time for
ever bars 1t.
In dealings subsequent to registra-
ton 1t Is provided in the acts In this
country that any forms Of deeds
mortgages, leases or other instruments
which are sufficient under existing
laws for the purpose intended may be
used in dealing with registered land.
The acts provide that leases for a GER
tain number of years, usually three
years or less, in Massachusetts, seven
or less, shall not be the subject OF
registration.
II the owner desires to sell the land,
he draws q deed conveying 1t In the
usual form. The deed Is filed by the
registrar In his Office, the duplicate
owners certificate Is surrendered and
Cancelled and a new certificate issued
to the purchaser with notes or memo
randa on 1t showing the exact state
of the title.
II the property is to be mortgaged,
a mortgage is executed in the usual
form, is filed In the registrars office
and a memorandum Of 1t Is made up
on the original certificates and upon
the owners duplicate certificate In
the columns provided for that pur-
pose and another copy Of the certifi-
cate plainly marked mortgage dupl-
cate" may be issued to the mort
gagee. When the mortgage is paid,
the mortgagee's duplicate Is surren-
dered and cancelled and proper en-
tries showing this are made upon the
mortgage, upon the original, and upon
the owners duplicate certificate.
Must Be On File.
All matters affecting the title must,
under this system, be filed in the office
Of the registrar and be noted upon
the original and duplicate certificates,
both Of which will thus show at any
time the exact state Of the title and
all the liens against It
The Torrens acts provide that "all
instruments, notices and papers re-
quired by this act to be filed In the
office of the registrar shall be retain
ed and kept in such Office They are
retained and kept as a perpetual de-
posit. Deeds, mortgages and other
papers affecting the title may be ex-
ecuted in duplicate and q copy, mark
ed duplicate" may be kept by the
person to whom each is given. Under
rules in England and Ontario in
struments may be destroyed when
they have become superseded by en-
tries in the register or have ceased to
have any effect. The details Of any
paper, the abstract of which is given
on the certificate Of title, may be
learned from an examination OF the
instrument on file in the registrar
office.
The costs Of registration vary some
what in the different states. In Mas
sachusetts the cost to the petitioner
is 81 each $1,000 Of the value OF the
land on the basis Of the last assess
ment for taxation and about $2S
more. After original registration, q
deed transaction costs $3.50 and 9
mortgage transaction $50, regard
less of any assessed value. ...
The statutory fees for registering
titles in Illinois are as follows:
Clerk of court on filing applica-
ton ................ .....'
Registrar, examination Of title :. IL
Publication Notice ..............
Registrar on issue Of certificate OF
title .......... ..-"...'...''
81.
If there are parties defendant upor
whom summons is to be served, there
will be a sheriff's fee of the usua
amount for such service. Where th'
defendants consent to the registra
ton, this expense may be avoided.
Cutting Down Fees.
In a bill proposed by a committe'
of the North Carolina Bar association
in 1912, the fees allowed were yer!
much less than the above and tn
total cost of an original registration
exclusive Of fees to sheriffs and clerks
which were to be the same as allow