&f
Of
Gardes
VOL. LXVI
INDIANAPOLIS, APRIL 1, 1911.
NO. 13
Written for tha Indiana Farmer:
THE TORREXS LAW.
By J. H. Haynes.
Some time back brief mention was
made of this registration of titles of
land, now common in parts of Illi- =
nois especially in Cook county,
where thousands of registered titles
valued at 10 milion dollars are carried. The unusual number of transfers that have been and are now
being made in real estate brings
the utility of this act to mind as
one of great importance to our
people. It does away with the
needless and costly system of abstracts. Some of the leading features of this law are briefly given
below.
The duty of the registrar is similar to that of county recorders in
this State. The laws governing the
recorder shall extend to the registrar so far as the same may be applied.
The bond of such registrar shall
be sufficiently great to cover all
losses that may accrue and such
bond must be approved by the
judge of any court in the county
wherein the registrar resides, and
such bond shall be filed with the
Secretary of State.
He shall be allowed the services
of one deputy and an examiner of
titles.
No registrar shall practice as an
attorney at law nor be in any way
connected with such as are, except
that the examiner may be an attorney whose duty it is to give legal
advice and to examine titles. Such
examiner shall be required to take
oath for faithful performance and
give bond to be approved by the
court
The registrar is liable on his
bond for the acts of both his deputy and the examiner. The owner
of any real estate may apply in
person or by representative to have
his lands registered.
The fee simple of any lands must
be first registered then any liens,
mortgages or other claims follow,
and the title will be subject to only such claims are are entered on
the title certificate. The application must contain:
1. Name of applicant.
2. Whether married or unmarried.
3. Description of land.
4. The names of any other applicants interested in such lands if
there be any.
5. Occupied by whom?
6. Encumbrances on such lands.
•"■    Names of any person disputing right of title.
All applications when filed shall
turned over to the clerk of the court
who shall enter these on the land registration docket.
The application is then given to the
examiner whose duty it is to inquire
into all the facts submitted by the applicant in making his application. After such examination has been made he
shall report for or against the registering of the title to the court.
After the filing of an application the
clerk of the court shall cause notice to
•* given in at least one paper in tho
county of the filing of such application
and such notice shall appear four times
in such paper. Within that time all
persons having claims of any kind shall
file them with the clerk. If no such
claims are filed within the four weeks
the court can enter a decree of registration.     After such a decree is made it
The object of registering the title Is
to establish it ln the owner as against
the whole world. After two years have
expired from date of registration no
person, whatever may be his claim can
question the validity of the title as reg-
of registering and security offered,
loans can be had for much shorter periods than under our system, where difficulty in delay ln collecting make long
time loans necessary.
The use of the Torrens system In Ind-
ana would save land owners many
thousands of dollars, now requlre-
ed In making up and extending abstracts that are required at every
transfer, or on the putting a mortgage on real estate.
be
Buildings at Fort Benjamin Harrison, the U. S. Army Post, near Indianapolis.
AN   EXPERIENCE   WITH   PUB-
IiIC SALES.
An agricultural writer who recently bewailed our public sales
system, most assuredly has a wrong
conception of it. While it must be
admitted that there are evils attending many country sales, the
shrewd, capable farmer will proflt
by them.
We know a farmer who began
buying at public asales when he first
started to farm. He had practically no capital, but he did possess fairly good Judgment of live
stock. Only occasionally would
he buy some of the "junk" at these
sales, and which he could use to a
good advantage about the farm.
Most of his purchases consisted of
young pregnant stock, and he
bought liberally of these. Time
and again we have seen him drive
home from these sales, calves,
cows with calf or at side, sows due
to farrow soon, colts, pigs, etc.
Very frequently he was forced to
pay what some considered an ex-
horbitant price for the animals, but
by the time the note for them was
due, their offspring, or the increase
In their value by growth, always
left him a handsome margin of
profit above the cost Indeed, he
frequently doubled the money thus
invested.
This was when we were a boy,
several years ago, and that man in
the meantime has paid the mortgage off his farm, built a fine new
house and barn, bought an adjoining tract of land, and owns stock
of all kinds, to the ve'ue of several
thousand dollars. He is a living
example of what careful, conservative buying at public sales will accomplish, and he still frequently
attends some of them, buying anything in which he sees the promise
of a profit to him. But his is not
the hap-hazard bidding; he exercises judgment and foresight in
every purchase, never allowing his
enthusiasm for possession to carry
him beyond a reasonable point
Missouri. M. Coverdell.
shall be the duty of the registrar to
make out a certificate of title and a
duplicate of the same for the applicant.
All subsequent transfers shall be in
same form as the first or initial entry,
but no examination of title shall go
back of the  initial examination.
The statutory fees for initial registration are as follows:
Clerk of court on filing.. .$5.00
Begistrar  for  examination 15.00
Publication notice      2.00
Begistrar on issue of title.     2.00
Total $24.00
Fee for    each    subsequent    transfer
shall be for $3, only.
istered, and no examination reaching
back of the one used in making the
original being necessary does away
with all abstracting of any kind.
A title under the Torrens Act can be
dealt with more speedily and Inexpensively than under the system we do
business.
Under an ordinary sale of registered
land, or upon putting a mortgage on lt,
the entire transaction can be closed in
an hour or two without the need of any
abstract and the cost be only $3, whereas under ours it rung from $5 to $50
for attorney fees, and as much more
for abstracts, etc.
Because  of the cheapness and  ease
A Boston gentleman, who represents
himself as manager of the Bureau of
University of Travel, sends us a copy of
his program for the coming summer,
with request that we publish it, inasmuch as lt is an agricultural tour he
has planned. It is a very attractive
tour, including visits to the most noted
dairies, experiment stations, market
gardens, horse and cattle breeding
farms, etc., in Europe. As the cost of
the trip will exceed $600 and ocupy
over two months we very much doubt
whether any considerable number of
our readers would be interested in the
program, and therefore decline to print
it