It also repeals the act of 32 Hen. VIII, c. 9, which prohibits sales and other disposi tions of land of which the grantor or his predecessor in title had not been. in posses sion for one whole year previously to the dis possession's being made.
It provides that the crown may, by an or der in council, as respects any county or part of a county, declare registration of title to be compulsory on sale.
Six months' notice before the order in coun cil is made is required to be given to the council of the county in and if with in three months after receipt of notice with a draft of the proposed order, two-thirds of the members of the county council notify the Privy Council that, in their opinion, compul sory registration of title would not be de sirable, the order in council shall not be made. The first order in council made under this act shall not affect more, than one coun ty. The act reserves to parliament certain rights to disapprove• of any order in council by which it 'shall become void. The act makes provision for an indemnity payable thereunder by setting apart a portion of the receipts from fees taken in the land register. If the indemnity fund is insufficient the de ficiency is Charged to the consolidated fund of the United Kingdom.
Provision is made for regulations by the lord chancellor, with the advice and assist ance of certain officials, for the conduct of official searches, and for enabling the reg istered proprietor to apply for such search es, etc., by telegraph and to receive reply by telegraph. The act went into effect January 1, 1898.
The system of registration of deeds pre vails in Scotland, in Middlesex and York shire, in Ireland, France, Belgium, Italy, Spain, part of Switzerland, and the British colonies, excepting Australasia and most of Canada, and in the South American repub as well as in the United States. The system of registration .of title prevails in Germany, Austria-Hungary, Australasia, part of Switzerland, and the greater part of Canada ; 9 Jurid. Rev. 155. The Torrens sys so called from its author, Sir Robert Torrens, has been in use in New South Wales and Victoria since 1862 ; in South Australia, 1858; Queensland, 1861; Tasmania, 1863; New Zealand and British Columbia, 1871; Western Australia, 1874; Ontario, 1885; Manitoba, 1883 ; Duffy & Eggleston, Land Trandfer Act, 1890, 3.. See infra.
The essential point of this system is an official guarantee of title ; it is the registra tion of title as distinct from the registration of deeds. The latter ascertains deeds which must be examined under every trans fer, while the former renders such examina tion unnecessary; 9 Jurid. Rev. 155. Under the Torrens system the regiStrar holds the same relation to the landowner that a com pany or bank holds to the shareholder.
In Germany the state keeps what may be called a ledger account for each property, and pledges itself to keep it correctly and in such plain fashion that any person of or dinary intelligence can at once, and without examining any deed of any kind, ascertain who stands as owner of the property (which means that his title is perfect), and what debts or other incumbrances exist. In Prus sia all transfers are made by word of mouth, without any deed or conveyance. The sim plest way is to have both parties to appear before the registrar, and declare their con tract, and the purchaser is then entered as owner ; 9 Jurid. Rev. 155. For a detailed account of the system of registration of title in Central Europe, see 2 Jour. Com. Leg. 112 (June, 1897).
In the United States the subject of regis tration of land titles has been considered in many of the states. In New York City the accumulation of record books has become so great in the registry of deeds that searches of title can no longer be carried on by pri vate persons. In that state an attempt was made to simplify and classify these records, by adopting what is known as a block sys tem of registration by which deeds and oth er instruments are classified and indexed ac cording to the location of the property. While this is a partial relief, it by no means remedies the evils due to a lengthening chain of title, where no part is stronger than its weakest link; Yeakle, Torrens System 215. See Rep. Am. Bar Assn. (1890) 265.