The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-17
istration this expense may be avoid
Fees Nav be Less.

Fees May be Less.
In bill proposed by a committee
or the North Carolina Bar assOcia-
tion in 1912, the fees allowed were
very much less than the above and
the total cost of an original registra-
ton exclusive of fees to sheriffs and
clerks, which were to be the same
as allowed in other special proceed
ings. would not exceed $3.50 for
piece of property assessed at less
than $4,000. This does not include
the payment of the insurance fund of
one-tenth Of l per cent of the value
OF the property. In most States the
cost of registration is about the same
as the minimum charge now made by
attorneys for making each abstract of
title. The fees for registering sub
sequent transfers, mortgages, etc. are
from 81 to SO.
AS stated before, the TOrrens sys-
tenn was adopted in South Australia
in 1858. TOrrens himself carried the
act into operation and more than one
thousand titles were registered dur
ing the first two years. The prospects
of the system were so promising that
other colonies soon adopted similar
acts-Queensland in 1861, New South
Wales, Vic )ria and Tasmania in
1862, New Zealand in 1870, Western
Australia in 1874, FIJI in 1876, and
British New Guinea in 1889
In England Land Registry act was
passed in 1862, but the results ac-
complished under it were unsatisfac-
tory, so that it was repealed in 1875
and it's place taken by the Land
Transfer Act of 1876" commonly
known as Lord Cairns Act, which
was similar in nature to the Torrens
system. This act was amended in
1897 and registration in England is
now conducted under the two acts.
These acts apply to England and
Wales and registration is voluntary,
except in the county of London, in &.
Guiding the city of London, where
since 1902 registration Of titles upon
sales has been compulsory. In Ire
land registration is compulsory, as
to all property sold under the "Pur-
chase Of Land Acts and voluntary
| N all ofbor nrnnort,
Similar Systems in Europe.
In Germany and Continental Eu-
rope systems of registration of title
essentially similar to the Torrens sys-
tenn have been in operation for a long
time--in some of the Australian
provinces for upwards of ninety
years.
The Torrens system has been in
troduced in practically all Of the
Canadian provinces and in nearly all
Of them registration is compulsory as
to all lands sold by the crown and
voluntarily as to all other lands. III
some districts more than 80 per cent
OF all the lands are registered.
In the United States the State of
Illinois was the first to adopt the
system by the passage of the TOrrens
title bill in 1895. This act was de-
clared unconstitutional by the Su-
preme court on the ground that il
conferred judicial powers on the reg
istrar, who is a ministerial officer. 1t
was amended in 1897 in such a way
as to remove the constitutional OBJ
! jectiOns and under the county local
option provision of the bill has been
in force in Cook County, which in
cludes Chicago, ever since. The hold
ing of the court in this Illinois case
has made it necessary in this county
that the procedure in initial rcgistra-
) ton should be had in court though
several cases have held that subse-
quent registration may be made by
the registrar. In any questionable
act, however, he must report the mat.
ter to the court for it's decision.
Adopted by Other States.
Other States which have adopted
the system are California, 1897; Mas
sachusetts, 1898; Minnesota, 1901;
Colorado, 1903; Washington, 1907;
New York, 1908. Ex-President Taft,
when Governor of the Philippines,
introduced the system in the islands
in 1902, following largely the Mas
sachusetts law. making it compulsory
as to all public lands sold by the gov.
ernment and voluntary as to all other
lands. The system was introduced
into Hawaii in 1908.
The acts which have been adopted
in this country generally contain a To-
cal option provision by which the
act becomes operative in county or
district only upon Il favorable vote of
/ hn OF l,o IL