University of South Carolina Libraries
TORREHS UNO SYSTEM, j REGISTRATION or LAUD TU U > EX PLAIN 1 .1). l*rof. (leorge Mc< utclicn, Department r*f Koononilcs, University of South < arnltna, IMscusses S.v.?,torn and Khow.s How It Simplifies all Heal? ings With I .?n?I tO us to Fucl'Uatc It* Transfer or Um Vm as tlie Bn sie of Credit. The system or registering title to land was introduced first in the pro? vince of South Australia l?y Robert K. Torrens. a member of the llrst Colon? ial ministry of that proxtnce. The method of dealing with land provided for in the act which wan passed by the Colonial Parliament in 1838 be? came known as the "Torrens system." Its purpose was to simplify all deal? ings with land so as to facilitate its transfer or Its use as the basis of cred? it Agalnt the present system of deal? ing with land are urged these objec? tions: 1. Expense. The cost of the ab? stract or title and the opinion of counsel thereon upon every transrer of land and the costs of copying and recording the necossary paper. t. l>elay. From a week to sev? eral months may be spen in procur? ing en abstract on account or the ne? cessity or examining deed.*, Hens, etc. of tilling gaps In the chain of title, and of negotiating as to defects found by the attorney making the examina? tions. 3. Insecurity. Errors often exist In the ?bst tact and In the opinion of counsel thereon. There is a constant danger of loss to owners through claims undiscoveruble by tiny investi? gation. I. The vast amount or useless la? bor expended upon the repeated ex? amination ot the same chain ot title upon every transaction. S. The constantly lengthening chain of deeds to be examined increas? es the expense, delay, and insecurity. These delects operute as a per? petual tax upon the holder of land and make It notoriously u "slow" as? set. The distinctive feature of the Tor? rens system is that instead ot regis? tering instruments uh evidence or title It determines and llxes the ownership of the title to lund. The State, througn a court of competent jurisdiction, make* a public examintaion or the title, and votes and certitles to an in? defeasible ||tle to an estate or Interest in land. Aft r the land is once reg? istered all past transactions need not J be further investigated, and the con? stant examination of the title from the Crown grant down, which Is neces-i car) now every time the property is dealt with, becomes unnecessary. How Titles are Registered. To register a title under the Tor? rens syst? in a petition is made to the, court by the p. rson claiming to own the land. The court may be one of the existing courts of the State or a court espc.-ialy < reated to determine cases of thU kind. In Massachu? setts, for can mpic, a specially consti? tuted Land Court, with headquarters In I'.oston. heals and determines Tor? rens cases for the State of Massachu? setts. The petition to the court Is ac? companied by an abstract showing the . ondltlon of the title and must contain a full description or the Inad to be registered. The names and addressee ot all persons who may be Interested In the land, Including adjoining own? ers and occupants, must be given. In each county where the system Is in force the eourt appoints one or more examiners or title. The petition with the act ojnpan> um papers is referred h\ the BOnrl to this olficiul und the nntsjoi tonnt la ?Men ot the title is made by him Alter in\cstigutioii. he reports to the etJSJff whether the title is good in tin applicant or not. ami subnet to a/hut encumbrances, If any. H t be nth a p|" i s i.. bi gOOdt a summai \ i- issn, i i , l4u parties ap? pearing to h.e I in ,ni?-rest in the pr"pert\. and if. after proper notlci no objections are hied, the court de? termine* if the applicant ban good title aiMl orders a certificate of tub to be issued by the clerk of the court in the name of the owner. If. h'.w?\< r. objections are lib-.I. the procedure is the same as in actions to Millet title at the nrcxent time. A certificate Is Issued or denied aceoid in< |a 1 In fa< tM presented. Form of CertlaVut i astsselag 11 a form of certtnentc Used tffATV <?F s?u tu CAROLINA? Count) of lllchland. Kite of brst registration. 1.registrar of titles in ami fat said county, in the State alorcsntd, do hereby certify that.(owner's name) Is an owner of an estate in fee simple in the following describ? ed land situated in the < minty of Kich land and State of South Carolina, t.?| ait (Mere follows de< ription ot the b ml It determined by tin decree ol the court,) Witness} my hand and uftVIal seal. this. . . .dsv of.V. I?. .( lieglstrnr's signature.! itegistrar of Tubs. Mchtand Conn ty, S. C. i In Massachusetts the original Oer? tificute of title contains a copy of the decree of the court und subsequent transfer certificates refer to the or d? inal. On each certificate of title is a apace for columns with proper head tng for memoranda of encumbran :es of the land: Document Xo. Kind, Renewing in favor of. Date of instrument. Date of ; registration. Signature of registrar.! Discharge. Certificates are numbered consecu? tively and the numbers are retained as long as the boundaries remain un? changed. The original certificate of title is filed by the registrar of titles in his office and he Issues to the owner a "duplicate owner's certlllctae," Which is an exact copy of the original. Tie issuance of this certificate completes the registration. Upon the receipt ol this certificate the applicant contrib? utes to An indemnity or insuran e fund one-tenth of 1 per cent or :>1 on eacb $ 1,000. This fee is payable only upon first registration. The fund thus created may be invested in State or federal bonds or other securities by the official who has it In charge ai d it is to be used to indemnify any per? son who sustains loss or damage by reason of mistakes or defects in t*te registration. Safe After Fixed Period. After the expiration of a certain period, usually two years, from the date of the first registration, no per? son, 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 of regis? tration may within this time have an opportunity to establish the validity of his cluim. Failure to establish an adverse claim within this time forever bars it. In dealings subsequent to registra? tion it Is provl 'ed In the acts of this country that any forms of deeds, nmrtgages, leases, or other instru* mcnts which are sulllclent under ex? isting laws for the purpose intended may be used in dealing with registered land. The acta provide that leases for a certain numbei of years, usually three years or less, in Massachusetts seven or less, shall not be the subject of registration. If the owner desires to sell the land, he draws a deed convoying it In the usual form. The deed is filed by i the registrar in his office, the du plicate owner s certificate is surrend? ered and cancelled, and a new cer? tificate issued to the purchaser with notes or memoranda on it showing! the exact state of the title If the property is to be mortgaged, a mortgage is executed in the usual form, is filed in the registrar office and a memorandum of it is made up? on the original certificate and upon the owner's duplicate certificate in tho columns provided for that, pur pose and another copy of the eerti ficate plainly marked "Mortgagee's duplicate'' may be issued to the mort? gagee. When the mortgage is paid, the mortagee's duplicate is surrender? ed and cancelled and proper entries showing this are made upon the mort? gage, upon the original, and upon the ov tier's duplicate certificate. All matter* 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. Ileeoiiie IVrmanonf Itocords. '1 he Torrent aetl provide that "all Instruments, notices, and paper; re? quired by tblH act to be filed In the oftlce of the registrar shall be re tained and kept as a perpetual de? posit. Deeds, mortgages, and oth? er papers affecting the title may be executed in duplicate and a copy marked "duplieate" may be kept by trie peraoa to Wfcpm each If given. Under rules in Kngland and Ontario instruments may be destroyed when tle\ have beeoipe superseded by en? tries in the reglet rar of have ceased to have an> effect. The detail? ol any paper, the abstract of which if* given on the certificate of title may be learn d from an exaininati >n of the instiuuu m on file in the registrar'." office. The ceeta of registration vary some* ? cit in the different Slates. In Itaaaachuaetti the ( (,st to the petition? er is t-' per each 11,000 of the ealue of the land on the basis, of the last assessment 1'of taxation and about $SI mole. After original ."..'stratum, a deed transaction coati fl.fto and i mortage transaction 11.60, regard* less of an] aeaeeeed value. The etat uatory ices for reglaterlnn titles. In Illinois1 are as follows ' ierk of court on tiling appllca tion.$6.00 iteglntrar, examination of title. .16.00 Publication notice.l.oo riegleti it on laaue of certlllctae Of title.1.00 Total.114,00 ir tfx re are psi ih^ defendant up on drhofit summons is to be nerved, thei,. uiii |h q sheriff** fee of Ihe usual amount for sin b service. Where tho defendant*, consent lu the reg Istrution this expense may be avoid? ed. Fees May l>e Less. In a bill proposed by a committee of the North Carolina liar associa lion 111 1912, the fees allowed were very much less than the above and j the total cost of an original registra? tion exclusive of fees to sheriffs ami clerks, which were to be the same as allowed in other special proceed? ings, would not exceed $6.50 for a piece of property assessed at less than $5,000. This docs not include the payment of the insurance fund of one-tenth of 1 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 $1 to $3. As stated before, the Torrens sys? tem was adopted in South Australia in 1858. Torrens himself carried the act into operation and more than one thousand titles were registered dur- j ing the first two years. The prospects i of the system were so promising that other colonies soon adopted similar acts?Queensland in 1861, New South Wales, Vic uia and Tasmania in 1862, New Zealand in 1870, Western Australia in 1874, Fizi in 1876, and British New Guinea in 1889. in England a 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 its place taken by the "Land Transfer Act of 1875," commonly known an Lord Cairn's Act, which was sirnlliar 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? cluding the city of Lordor, where since 1902 registration of titles upon sales has been compulsory. In Ire? land registration ll compulosry, as to all property sold under the "Pur? chase of Land Acts" and voluntary as to all other property. Similar Systems in Europe. In Germany and Continental Eu? re; c systems of registration of title essentially iamilar to the Torrens sys? tem 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 till lands sold by the crown and voluntarily as to all other lands. In some districts more than 90 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 189 5. This act was de? clared unconstitutional by the Su? preme court on the ground that it conferred judicial powers on the reg? istrar, who ll a ministerial otliccr. It was amended in 1897 in such a way as to remove the constitutional ob? 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 registra? tion should be had in court, though at verai 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 its decision. Adopted by Other States, (ither States which have adopted the system are California, 1897; Mas? sachusetts, 1898; Minnesota, 1901; Colorado, 190S; Washington, 1907; New York, 1108. 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 190.'!. Tbc acts which have been adopted In this country generally contain a lo? cal option provision by which the act becomes operative in a county or district only upon a favorable vote of the people of the county at an elec? tion on which the question is submit? ted. In all the States the system ex? ists side by side with the present sys? tem ami registration Is, so far, vol? untary as to all lands, i. e., the own er may have his land registered or not as be sees tit. What progress has been made by the system has been made on its merits, and In spite of the organised and strenuous opposition of abstract and title guarantee com* panics. How lo Cure ( holers Morbus. Man) cases of this disease result fatally before medicine can be obtain? ed nf a physician summoned It is easll) cm .I when the proper remedy i'- at hand. Mrs. Charles Stewart ol .Mi. Collins, \\ V . suys: "When my husband hud cholera morbus lusl summer he used Chamberlain's Colic, Cholera and Hlurrhoen Itemedy and it cured him promptly." Every fam? ily should keep this ivmnly at band. it onlj costs a quarter. For sale by all dealers.?Advt. CONVICT CHARGES CONSPIRACY. Former Attorney Says Judge Landis, Government Attorney and Others Conspired Against Him. Chicago, Sept. 11.?Charges of criminal conspiracy were filed in the United States district court today against Federal Judge K. M. Landis, Assistant District Attorneys Blwod O. Qodman and Harry A. Parkin and Mr. and Mrs. L. C. Silver. The charges were made by Attorney Hyman Ep? stein and were based on the affidavits of Max Gerber, a convict of Fort Leavenworth, made while ESpstein was I serving a 15 months' sentence for per- , jury committed before Judge Landis. The charges were made In Judge Landis* court by Epstein, who intro? duced an affidavit while pleading for a return of his right as attorney to practice in the United States court. Epstein charged that he had been sent to prison on the strength of a conspiracy by Judge Landis, the two government attorneys and Mr. and Mrs. Silver. Epstein represented the Silvers in a bankruptcy proceeding. Silver con? fessed to perjury and gave testimony which lesulted in his and Epstein's sentence to the federal penitentiary. Gerber, who was a cell mate of Sil- ? ver, stated in his affidavit that Silver j had told him that his testimony, which sent Epstein to prison, was| false. Epstein revealed the fact that as a clerk at the mail department of the prison he had read all of Silver's let? ters to and from his wife. He aroused Judge Landis' wrath when he read from a note book quotations from a letter from Mrs. Silver. Turning to District Attorney Wilkerson, Judge Landis .said: "For your information, I will say, I will never again send a prisoner from ' this court to any penitentiary where a I man's private letters are no: kept from I the Inspection of the other prisoners." State of Ohio, city of Toledo, Lucas County. Frank J. Cheney makes eath that he la senior partner of the firm of F. J. Cheney and Co., doin ? business in the C.ty of Toledo, County and State aforesaid, and that eaid firm will pay the sum of One Hundred Dollars for each and every case of ca? tarrh that cannot be cured by the use of Hall's Catarrh Cure. FRANK J. CHENEY. Sworn to before me and subscribed in my presence this 6th day of De? cember, A. D. 188G. (Seal) A. W. Gleason, Notary Public. Hall's Catarrh Cure is takea Inter? nally and acts directly upon the blood and mucous surfaces of the sys? tem. Send for testimonials, free. F. J. Cheney and Co.. Toledo, O. Sold by all druggists, 75c. Take Hall's Family Pills for con? stipation. . CHAKLEETONIAN AT CAPITAL. , ( apt. J. C. D. Scliroeder May Stund for Consular Service. Washington, Sept. 11.?Capt. John ! C. D. Schroedcr, of Charleston, was introduced at the State department j this week by Representative Whaley. i Capt. Schnieder is thinking of stand? ing the examination for the consular service, but the Immediate purpose of his visit to Washington was to get this government to take up with Peru certain matters in connection with an estate which is claimed by a petty officer of the navy. ?Eolcy Kidney Pills cure obstinate cases of kidney and bladder trou? ble, rheumatism and lumbago, because they remove the cause. You can not take this honest curative medicine into your system without getting the right results. Try them. Slbert's Drug Store.?Advt. New York Cotton Market. New York, Sept. 15. Open Close. Jan.13.00 12.U0 Mar.13.12 13.00 May.13.18 13.05 July.13.20 13.0G Sept.13.04 13.05 Oct.13.10 13.06 i Dec.13.08 13.02 Nov. 13.00 SUMTER COTTON MARKET. Corrected Daily Ily Ernest Flclil Cotton Dover. Sumter, Sept 15. Good Middling 13. st. Middling 1'-' 7-8. .Middling 12 ::-4. St. Low Middling 12 3-8. Low Middling 11 3-1. No sale for gin cut and nappy cot? ton. Staple cotton 13 1-2 to 15 1-2. Strengthen Wenk Kidneys. Don't suffer longer with weak kid? neys. You can get prompt relief by taking Electric Hitters, that wonder? ful remedy praised by women every* where, start with a bottle today, you will soon feel like a new woman with ambition to work, without fear of pain. Mr. .lohn Dowling of San Francisco) writes: "Gratitude for the j wonderful effet t of Electric Hitters prompts me to write It cured my wife when ?all else railed." Good for the liver :is well. Nothing better for in? digestion or biliousness Trice 50c and 11.00, at your druggist.?Advt. NEW HOOK. FOR BHKRITO Dcp ity Sheriff Jolui F.pperson De? vi-it's Hook for Keeping Better Olliee R -cord. Deputy Sheriff John D. Epperson, besides running after criminals and arresting them, shooting negroes who l they try to get away from him, collecting more taxes than any other shrbcalty officer has ever succeeded i in collecting, and doing stunts in line of his duty and elsewhere, has taken time off to devise a new book for the sheriff*! office which in future as? sures a better record of tax execu? tions in that office than has ever been kept before in the older record books. The book ha;, been ordered by the county from Walker, Evans and Cogs? well of Charleston and will be here in time for the collection of taxes next season. Tho county commissioners have agreed to pay for it and probably think it a good thing for the county or they would not have agreed to spend the money. The new book is an improvement on the old one in that it provides space for a much more detailed list of pioperties than the old one, which was ordered and which has been in use since 1909. The old record book merely provides a space for the total amot nt of properties on which execu? tions are taken, not giving any space for any of the details which save much time and trouble in the office, when those against whom tax execu? tions have been issued come to pay their taxes. The new book devised by Deputy Epperson, provides col? umns or spaces, in which each item of taxes is kept separate. Of course it is more work for the sheriff's office to er list the details, when he first gets he executions from the county treasurer, but thereafter he is as? sured much less trouble in finding out j rst what taxes have been paid Bad what have not been paid. Th old book merely listed taxes in a lump sum. The new book gives spacer for real estate, personal prop? erty, Jog tax, road tax, and poll tax, using the same spaces heretofore used for si eriff's costs, collection costs and treasi rer's cost, etc. The new method saves time and trouble in that after the executions are listed in it, each article stands out separately and in case the person wants to pay any one set of taxes, it is rigln there in alphabetical order, witho it the trouble of going back to the original tax executions each time. JAPANESE INVADE CHINA. Foive With Guns Sent Ashore to Protect Consulate and Citizens at Nanking. London, Sept. 10.?A Japanese armed force was landed today at Nan? king, China, according to a special dispute h from Shanghai. Three Jup enese .'ruisers and a gunboat arrived at the Chinese river port and 100 Japanese marines and several quick firing guns were sent ashore and are now quartered at the Japanese consul* te. Only for Protection. Tokyo, Sept. 10.?About 100 Japa-1 nese marines, according to announcc i ment by the foreign olliee today, have been landed at Nanking. They are intended for protection only. No other f >rces have been ashore. To Demand Hepa rat ion. Ptkittg, Sept. 10.?The Japanese legation has received instructions from Tokyo to present the govern? ment's demands to the Chinese gov? ernment in connection with the kill? ing of several Japanese at Nanking. The legation characterized the de mandg as exceedingly moderate. Friends Expected Her to Die. ; "I sincerely believe my life was sav- I ed in the fall of 1910 by using Cham? berlain'; Colic, Cholera and Diarrhoea Remedy,*' writes Mrs. Agnes Booth,I Tonawa ida, N. V. *T was taken with diarrhoea followed by an attack of acute Indigestion. Power of the pen fails to portray the agonies 1 en? dured. My friends expected me to I die as I had been unable to get relief ; for so long a time. This remedy went directly to the seat of the trou? ble and cured me in a few hours' time." For sale by all dealers.?Advt. Thieves Trouble Manning People. Manning Times. The people of this town are waking up to pi t a stop to the depredations of the marauders that have been op? erating n this community recently, ami they are going to catch them or make it so hot for the scoundrels they will be obliged to get away from here. Do You Fear Consumption? No matter how chronic your cough or how severe your throat or lung ailment K 1 >r. King's New Discovery will surely help you; it may save your life. RtlUman Oreen, of Malt i bite, Col . writes: "Two doctors said 1 bad ( <ii sumption and could not live two*years I used Dr. King's New Dis? covery aid am allVe and well." Your money refunded if it fails to benefit you. The best home remedy for roughs, e dds. throat and lung trou? bles Price 50c and fl.oo. Guaran? teed by yeur druggist.?Advt. JAPS DEMAND APOLOGY. ( hi.in Now * oiisblering Ultimatum ?Must I 'ay Iiiileniiiit.v and Punish Those Responsible Tor Insult. Peking, Sept. 11.?President Yuan Shi Kai and his adv'sers have taken under consideration the demands made by the Japanese government which are tantamount to an ulti? matum, for the killing of three Japan? ese at Nanking, the maltreatment of a consular messenger the torture of a Japanese lieutenant It Hankow and the imprisonment for two u^ys of a Japanese lieutenant at Shang Tung, Japan demands an apology for the in? sults to the Japanese flag, the punish? ment of those responsible and the payment of an indemnity, the amount of which is to be argued later. The Japanese legation says that the demands represent the minimum to which China must agree without de? lay; otherwise Japan will take what action isr deemed necessary. A mem? ber of the legation stand privately today that if the terms were known at Tokyo the people would consider tht.t the government had betrayed its trust and sacrificed the nation's hon? or. Nanking reports that Cen. Chang Hsan, commander of the imperial forces there, and his soldiers will not permit the Chinee flag to be flown, but only a red flag with Chang Hsun's name inscribed thereon. For many months reports have been current tnat Chang Hsun held monarchist views and there were even reminders that he intended to proclaim himself em? peror. His present attitude, however, may be largely due to the rebuke wh:ch Yuan Shi Kai administered to hint in a public telegram after the looting of Nanking. It is understood that one of the Japanese demands is for a public apology from Chang Hsun at the Jap? anese consulate. Japan's demands, growing out of the killing of several Japanese at Nanking, were presented to the Chi? nese government today. Though de? tails regarding the nature of the Jap? anese note were not available suffi? cient was gleaned to know that the demands were tantamount to an ulti? matum. An apology, an indemnity and the punishment of the guilty soldiers and oilicials at Nanking are demanded and the Chinese are required to accept the terms without delay and without any bartering. I Adenoids are a Menace to Children. * Adenoids result from a succession of colds In babies and young chil? dren. They spoil the mental and physical life of a child. The condition that causes them may easily be avoid? ed by careful parents. Quickly and thoroughly cure all colds and throat iritations by the use of Foley's Honey and Tar Compound, and adenoids will not develop. Sibert's Drug Store. ?Advt. WILLIAMSBURG GOES WET. State Board of Canvassers Divided on Appeal. Aftirmctl County Board's Decision. Columbia, Sept. 12.?Williumsburg county was swung into the dispen? sary column yesterday, when the State board of canvassers deadlocked on the appeal from the decision of the county board of canvassers. It is declared that under a decision of the supreme court that the decision of the county board of canvassers had been sustained. The State board held a long executive session, when the evi? dence and arguments on the appeal were considered. Wednesday night the board took a vote, which was three and three. The beard adjourned. Vote on the question by the State board was not announced. It was announced yesterday that attorneys representing the prohibition forces in Lexington had served notice of appeal tin the board, to the supremo COUrt? from the decision given Wed? nesday night in favor of the dispen? sary forces. Members of the State board said yesterday that the Williamsburg case would very probably be appealed to the supreme court by the prohibition advocates. Get Rhl of the Torment of Rheuma? tism. ?That you can do by ridding your? self of the cause. Weak and inactive kidneys allow uric acid poisons to re? main In the blood and rheumatic pains swollen and aching Joints fol? low. Take Foley Kidney Pills to ease you of the pain and torment. They will positively and permanently build up the kidneys, restore their normal action end keep the uric acid crystals out of the blood and body. Try them. Sibert's Drug Store. ? Advt. I_ . . . I . - ? Attention Farmer* ami Seed Buyers: I am representing the Buck l-.ye Cotton Oil Co.. and am in the market at all times for ell her wagon or car seed. Will Bso c vliango meal for seed. Give us a trial. J. P. COMMANDER, 4 Manning Ave. Phone 164