FARMERS' INSTITUTES. Ill 



examined, it must on each transfer by deed or each incumbrance by 

 mortgage, be all re-examined again before any sale can be made or money 

 borrowed — all of which means delay and expense, and it costs about as 

 much to examine the title in this way for a small piece of land as for a 

 large one — at least the proportion of expense is heavier and the delay 

 about the same. Thus, this burden bears most heavily on the owners of 

 small estates. 



So far no mention has been made of mistakes which occur in tran- 

 scribing the records — mistakes in names, descriptions of land, indexes, 

 etc., etc. Our present system therefore provides simply for the registra- 

 tion of parts of the evidence of title, and actually perpetuates defects 

 upon the records. 



It is the peculiar characteristic of the ''Torrens System" that it pro- 

 vides for the registration of titles — absolute and indefeasible. Its great 

 leading features are that it clears titles, it registers titles, and it facili- 

 tates and cheapens transfers of titles. 

 ^ The general method of procedure by which these ends are accom- 

 plished may be given in outline — and briefly. The first step is to secure 

 the registration of title. If one wishes to have his land registered, he 

 makes application to the proper court or officer and sets out in his appli- 

 cation a description of the land and a statement of his title. There is 

 then an official examination of the title and a notification is provided for 

 adverse claimants and to all the world, by publication and other 

 methods, that proceedings are pending for the registration of the title. 

 If any adverse claims arise they are judicially determined and disposed 

 of in court — and if no claims are asserted within a specified time, the 

 title is duly registered in the name of the applicant in the county where 

 the land lies. When the title is registered two certificates are made — 

 one, the "original," being kept in the "Register of Titles," and the other, 

 the "duplicate," being given to the owner. This certificate, based on the 

 court's decree, shows that a certain person has a specified estate in a 

 certain piece of land described in the certificate. After this, no transfer 

 of title can be made, unless indorsed upon the original and the owner's 

 certificates by the registrar. In case of a complete transfer of title, after 

 registration, the old certificate is surrendered and canceled and a new 

 certificate is issued to the purchaser — the new owner. In this way the 

 material facts relating to the title appear upon the face of every certifi- 

 cate and no examination of title is required. The title is, so to speak, 

 posted and a single page of the register shows its condition at any time. 



After registration, no title to the land can be acquired by prescription 

 or adverse possession. An owner of registered land may convey, mort- 

 gage, lease, or otherwise deal with his land, as freely as if it had not 

 been registered ; but no title passes until duly noted on the certificate of 

 title by the recorder or assistant recorder. The owner's duplicate must 

 be presented for notation of any change of title. If land is conveyed only 

 in part, the old duplicate may be surrendered and canceled and replaced 

 by new certificates to suit the case. 



Deeds and other instruments affecting title amount under this system 

 to contracts, simply. Title does not pass on the delivery of the deed, as 

 now, but only when on the authority of the deed, the transfer is made on 

 the register. The certificate of title is the muniment of title, and not the 

 deed. 



Upon the death of a registered owner, his lands may be registered by 



