Lakeland Evening Telegram Newspaper, April 1, 1915, Page 2

AN yill Leglslature Pass Torren’ s System Bill?|- HON. A. B. NEWTON Representative From Orange County. FULL TEXT OF THE TORRZIN'S SYSTEM BILL, WHICH WILL BE INTRODUCED BY HON. A. B. NEWTON IN COMING LEGISLATURE, CLAIMED TO BE A GREAT FOR THE REALITY T OF § A BILL Te .l lllilll‘ An Act To Provide For The Of The “Torrens Land Title By The Several Counties Of Thin State; For The Registration Of Title ‘Thereunder, And For Other Purposes. Be it enacted by the Legislature of the State of Florida— Bection 1. That Clerks uf the Circuit Courts, recorders of deeds in the several counties of this State, shall be ex-officio registrars of titles in their respective counties. Section 2. Ne Registrar shall practice as Attorney or Counselor at Law, nor be in partnership, while in office, with any Attor- ney or Counselor at Law, so practicing. 8. The Registrar shall appoint in his_county one or more competent attorneys residing in the county wherein appointed to be examiners of titles and legal advisers of the Their compensation shall be fixed the Registrars. Every examiner of titles before entering upon the duties of his of- fice, take and subscribe an oath to faithfully and impartially discharge the duties thereof. Bection 4. owner of any estate or in- terest in land, whether legal or equitable, may ly as hereinafter mentioned to have his registered. He may apply in person or Iy an -nornqb hum. or an attorney at la: ural or legal guardian, and any other person under dluMm.y by his legal representative. ‘The person in whose behalf the application is [} made, shall be l"nf‘ tbe fee simple to the same lan ':,“‘fi hatl not be r this Aes tnn the -mn the n’p.‘l‘l::m subject to any r delate, but every such lesser estaié, morigige, . charge shall be noted upon the cer- | of title and the duplicate thereof, and or interest certified shall be sub, such estates, mortgages, liens and, a8 are 80 noted, except as herein pro- | The application shall be in 3 -lned and sworn to by the applicant person acting in his behalf. It shall lfl nmh substantially : I ‘The name and place of residence of the appli elnt. and if the application is by one acting in behalf of another, the name and Dlu-‘r( residence and capacity of the person 20 acf (b) The description of the land. (¢) The applicant's estate or interest in the i §§E= gé ?gfi' same. | (d) Whether the land is occupied or unoc- cupied, and, if occupied by any other person than the applicant, the name and postoffice address of each occupant, and what estate or interest he has of claims in the land. (e) Whether the land is subject to any lien or encumbrance, and, if any, give the nature ind if reco: the book and page of record; also give the llllnllnd postoffice address of each holder (f) Whether any other person has any es- tate or claims any interest in the land, in law or equity, in possession, remainder, revers o expectancy, and if any, set forth the name and postoffice | address of every such person, and the nature of his estate or claim. (g) In case it is desired to settle or es- tablish boundary lines the name and postoffice , lien ori | have the power to WARD STEP IN RANSACTION S TATE tion shall be made to the Circuit Court hav- ing chancery jurisdiction in the county where the land is situated, and such court shall have »wer {0 inquire into the condition of the tle and to any interest in the land, and any lien or incumbrance thereon, and to make all such orders, judements and decrces as may be necessary to determine, establish and declare the title or interest, legal or equitable, as against all persons known or unknown, and all liens and incumbrances existing thereon, whether by law, contract, judgment, mortgage, trust deed or otherwise, and to declare the or- der and preference as between the same, to remove clouds from the title, and for that purpose the said court shall always be open, and such orders, judgment and decrees may be made and entered as well in vacation as in term time. Section 11. Upon the filing of the applica. tion in the office of the Clerk of the Circuit Court, the Clerk shall docket the same in & book to be kept for that purpose, which shall be known as the “Land Registration Docket.” The application may be entitled in all entries and proceedings as follows : “In the matter of the application of (name of applicant) to register the title to (here in- sert short description of the land), and it any person is named as being in possession of the premises or having any lien or incum- brance upon, or as having or claiming any in- terest in the land, such penou hall be named 17 a5 defendant. Al other persons shall be made and deemed to be defendants designation of “all whom it Section 12. All -ppllenb Teg- istration of title such book and numbered eflmn(lvel!. beginnis by tbc unt or m‘for lnlthl docketed in |'Ith number one. All orders, decrees of the Court in the case shall be min- (uted in such docket under the number so igiven it, with proper reference to the book *ane Page where the order or decree in record- Siction 13. tmmam-ly upon fln-" the application, an order may be entered ferring the same to one of the ennhm d titles appointed by the Registrar, who proceed to examine into the title and lnh lh !rll!l\ of the matter set forth in '.M upllup tion, and particularly whether the land oceupied, the nature of the occupation if oe- cupied: and by what right, and make report in writing to the court, the substance of the proof and his conclusions therefrom. . He shall inister oaths, and ex- amine witnesses and at any time apply to the Court for directions in any matter concerning his_investigations. He shall not be i to report the evidence submitted to him except to enter other memorials, Certificates of re- report shall be made upon such application un- til after the expiration of the time specified in the notice hereinafter provided for the ap- pearance of defendants, and in case of such pearance, until the opportunity is given to such defendant to contest the rights of the , applicant in such manner as may be allowed by the Court. Section 14. The Clerk shall also immediate- ly upon the filing of such petition issue sum- mons against all persons mentioned in the pe- tition as defendants. The summons shall state the date of the filing of the lpvllaflofl. and shall be made returnable at such time ll lhlll be directed by endorsement thereon, than ten days after the filing of such pfllfion. summons may be served as in cases in_chancery. Section 15. The Clerk shall also immediately upon the filing of such application cause no- tice of the filing thereof to be published once in each week for four ive weeks in addresses of all owners of the adjoining lands | the that may be affected thereby, so far as be s .\h. upon diligent inquiry, to acertain the (h) That the applicant is of the full age of twenty-one years; or if the applieation is on behalf ol a minor, the age of such minor shall be s When the place of residence of any person whose residence is required to be given is unknown, it may be so stated, if the ap- plicant will also state that upon diligent in- Q-ln he has been unable to ascertain the All persons named in the application lhnll be considered as defendants thereto, and all other persons shall be included and con- sidered as defendants by the term “All whom it may concern.” Section 8. Any number of contiguous 1 in the same county, and own- ed by the same person or persons, and in the same right, or any number of pieces of property in the same county having the same chain of title and belonging to the person, may be included in one ap) Section 9. The form of the applic be, with appropriate changes, as follows: STATE OF FLORID\ COUNTY O To the .hldk(' of the ('u'\m! Court of said County T hereby make application to have regie- tered the title to the land hereinafter de- scribed, and do solemnly swear that the answers to the questions herewith, and the statements herein contained. are true to the best of my knowledge and belief. (1) Name of applicant real estate is as fol- 3 estate or in- terest therein is __ (4) The land is occupied by mes of occupants) whose - and rest or claim of occu- pant is _. (6) Liens and incumbrances on the land . Name of holder or corporation having or claiming any “estate, in- terest or claim in law or equity, in possession or remainder, reversion or tln«\lnfl said and in case any Mhn‘uudlllo(m\, the name of such persons defendant). TO ALL WHOM IT MAY CONCIRN Take notleoA. 'I'Dhll. on the was filed by said - the Circuit Court o County, for initial r-ht!ltiml of the title to the land above described. Now, unless you -nmr on or before the - day of . (the time shall not be less “than lhifly dn- after the filing of such application) and show just cause why such application shall not be wranted. the same shall be taken as confessed, and a decree will be entered according to the r of the application, and you will be for d from disputing same. Section 16. The Clerk shall also within ten s after the first publication, send a copy f by mail addressed to such defendants places of residence are stated in the application, and whose appearance is not en- tered and ‘who are not served with process. The certifiente of the Clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Other or further notice of such application may be given in such manner and to such persons as may be rected by the Court or any Judge thereof. Section 17. Any person interested, whether named as defendant or mot, may upon enter- ing his appearance and answering the lhrhu- tion within the time allowed by this Act, or such further \lml‘ as shall be lllnwrd “by the to have the title reg- istered in his behalf. Tn either case he shall state particularly what his interest is d full answer make to each and every of the material allegations of the application, ad- ting, avoiding and traversing the same or showing some cause in law why the same need not be so admitted, avoided or traversed. Such answer shall be verified by the afidavit of himself or his INM or attorney at law, hav- ing knowledge of the facta. Section 18. 1f any person shall fail to ap- pear within the time required of him by sum. | mons duly served upon him, or \nt‘dn the time mull!ll by any notice given in pursuance of fact, or appearing shall fail to answer ‘n- application as herein provided, his default may be entered and the application taken as confessed, and upon report of examiner show- ing that the facts s'ated the application are true and the applicant is the owner of the to find and declare the title same, and order the Registrar of Titles to register the same, and to grant such other and further relief as shall be according to equity. 'nlinl signed in the case of the original. application for registra- ‘and or interested therein, as se' forth in the application, the court may grant an order or decree, in accordance with the prayer. Section 19. The Court shall in no case be bound by the report of an Examiner of Title, but may muln m or further proof. Section 20. The Court may, in any pro- ceding under this Act, fiId and decree in whom the title to or any interest in the land is vested, whether in the applicant or in any other person, and remove clouds upon the title, and also whether the same is jeet any lien or imcumbrance, estate, trust or in- terest. and declare the same, and may order the Registrar of Titles to register l‘ch title or interest, and in case the same is subject to any lien. incumbrance, estate trust or interest, give direct umlk—nmlwmhvfifil the same shall appear upon the certifimts i gl i s E&.fl?f!ii? to the Circuit Court within NM fl!l the entry of the order or decree, afterwards. Any person having ll in or lien upon the land who has not actually served with process or notified of the filing of such application or the pendency thereof, may, at any time within one year after the entry of such order or decree, and not afterwards, appear and file his sworn answer to such application in like manner as is hereinbefore prescribed for making answer; Provided, The affidavit shall also state that such person had no notice, information or belief of the filing of such application or the pendency of the proceedings until within one month of the time of the filing of such answer. of such answer, and not day’ notice being plicant, the court shall proceed to review the case, and if the court is satisfied that the order or decree ought to be opened, an order shall be entered to that effect and the court may proceed to review the proceeding and make fuch order in the case as shall be ac- cording to equity in the premises. A writ of error may be sued out, in such case, within a like time and in like manner as in of an original order or decree under this Act, and not otherwise. Section 22. No person shall commence any action at law or equity for the recovery of lands or assert any interest or right in or lien demand upon same, or make entry thereon adversely to the title or interest as found, ordered and decreed by the court, unless with- after the entry of the order or section shall be construed as right of action to such persons only as shall not, because of some irregularity, insufficiency, or for some other cause, bound and concluded by such order or decree. Section 23. Any person having any i terest, right, title, lien or demand, whether vested, contingent or inchoate, in, to or upon registered land, which existed at the time the land is first registered, and upon or for which no cause of action shall have accrued at the date of the registration of the land, and who not become barred or concluded by | such order or decree, may prior to the ex- piration of said one year, after such registra- tion, file in a Registra office, a notice, | under oath, setting forth interest, right, title, lien or demand, and how and under whom derived, and the character and nature thereof, and if such counter-claim is so filed 5' 5 fisf therein subject orly to such estate mort; charges and interests as may be under, and unless it shall otherwise such notations that such registered owner gnfitkdmw the possession n( said I--d. less this Act, and all liens, charges upon the same subsequent to the first registration thereof, shall be deemed subject to the terms of this Act. Section 41. A registered owner of land de- siring to transfer his whole estate or interest therein, or some distinct part or parcel there- of, or some undivided interest therein, or to grant out of his estate an estate for life or for & term of not less than ten years, may the case execute to the intended transferee a deed or instrument of conveyance in any form au- thorized by law for thal purpose. And upon filing such deed or other instrument in the Registrar's_office and surrendering to the Registrar the duplicate’ certificate of title and upon it being made to appear to the Registrar that the transferrer has the title or interest proposed to be transferred and is entitled to make the conveyance and that the transferee has the right to have such estate interest trans- ferred to him, he shall make out and register as hereinbefore provided, a new certificate, and be also an Owner's duplicate certifying the title to the estate or interest in the land desired to be conveyed to be in the transferee, and shall note upon the original and duplicate certificate the date of the transfer, the name of the transferee and the volume and folium which the new certificate is registered, and hall stamp across the original and surrender- ed_duplicate certificate the word “cancelled.’ i, Section 42. When only a part of the land described in a certificate is transferred, or some estate or interest in the land is to remain in the transferrer, a new certificate shall be issued to him for the part, estate, or interest remaining in him. Section 43. Every transfer of registered land shall be deemed to be registered under an action may be brought to assert or recover | this Act, when the new certificate to the or enforce the same at any time within one | transferee shall have been entered, as in the year after the right of action shall have ac- crued theron, and not afterwards. It shall be the duty of a life tenant or trustee to file such counter-claim on behalf of any remainder- man or reversioner, whether the remainder | or reversion be at the time vested or con- | ent, and of guardian to file such counter- claim on behalf of his ward. Section 24. Upon the filing of a certificate signed by the Clerk giving the effect of the order or decree of the court or a copy of such order or decree in the Registrar's office, the Registrar shall proceed to register the title or interest pursuant to the terms of the order or decree, in the manner following: Section 25. He shall make out a certifi- cate of title which may, subject to such change case of the first registration; and all other dealings shall be considered as registered when the memorial or notation shall have been en- tered in the register upon the folium con- situted by the existing certificate of title of the land. But, for the protection of the transfer or dealing, the registration shall re- late back to the time of filing in the Regis- trar's office the deed, instrument or notice, pursuant to which the transfer, memorial or notation is made. Section 44. The Registrar shall mark as fled every deed, morigage, lease or other in: strument which may be filed in his office in he order of its receipt, and shall note thereon 8s the case may require, he substantially as follows : STATE OF FLORIDA COUNTY Ol First Cerl.l l'llc of Tltle vun\mnl to Order Co, and |of Cireuit Court, -~ of (residence, and if minor give hia f under other disability, state the nature o( the disability) is the owner of an estate in fee simple (or as the case may be) in the following land (here describe the premises) subject to the estates, easements, incumbrances charges hereunder noted. In cne of trust, condition or limitation, say “in or “up- on cum.illon or “with Hmlntlon" u the case may Vqllnul my hand and official seal this (date) (Seal) foi m- Section 26. be in like form, thqlt tht In Dlln of lhe words ‘“first certificate”, etc; shall be the words “Transfer from No. A (the number of next previous certi the words “First registered | (date of first u-lnntion) Section 27, Every certificate shall bear date othed-v-dnuol its issue, and be under the hand and official seal of the Registrar, and be numbered in the order of its issue. If the owner is a minor it shall state his age, if under any other disability, the nature of the disability. The registrar shall note at .the end of the certificate, in auch manner as to show -nl muerve their priorities, the par- ticul all estates, mortgages, incumbrances pod eh.r;— to 'mleh the owner's title is sub- Section 28, Persons are entitled as tenants in common to an estate in registered land, such persons may In all cases where two or more | the at the date of filing the mlnuu. hour, day d year it is received. nl.hclllcof filing any instrument is requ to be en- tered upon the register it shall be the same as that endorsed upon such instrument. Section 45. All instruments, notices and papers required or permitted by this Act to filed in the office of the Registrar shall be retained and kept in such ofiu. be numbered consecutively and same kept in a book for that purpose, des- cnbing the same as “Wi reafter be sufficient in law for the purpose intended may be used in dealing with register- ed land and any estate or interest therein. Section 47. On all instruments presented to the Registrar for registration shall be en- dorsed the name and address of the person 80 presenting same, and all notices by the Registrar or other person at such address. The address may be changed from time to time by such person filing with the Registrar a written notice of way of contract between the part lM as authority to the Registrar Iun-hr. receive & separate certificate for his undi- | tration, vided share. o bection 20, The Resiatrar shall keep & book 10 "he "shah “entee alf® feat “and ubara n [ el all first and s uent ! “original” certificates of titles by binding or recording them therein in the order of their numbers, with appropriate blanks for the entry of memorials and notations allowed by this Act. Each certificate with s tered upon the Register under the term of this Act shall be entered upon the folium con- stituted by the last certificate of title of the 1and to which they relate. Whenever the term | “Certificate of Title" is used in this Act, it shall be deemed as including all memorials and notations thereunder noted. Section 30. The registrar shall at the same time that he makes out his original certificate of title, make out an exact duplicate thereof, with the memorials and motations thereunder noted, which shall be delivered to the owner and -h;l; b.e‘ Im::n ‘n;. the ovmeu duplicat . r purpose of preserving wh‘knn of the hand-writing of lle omr ln is office, it shall be the duty of the Regis- rur to take from the owner, in wuv case where it is practicable 8o to do, his receipt for the certificate of tllk. or whatever paper shall be issued to him, signed by the owner in per- son. When such receipt is signed in the Registrar's office it may h witnessed by the Registrar or some 'hnh-“hlal before any .l- to take acknowledgments of d«h. When 8o signed and witnessed or ac- knowledged, such receipt shall be prima facie evidence of the genuineness of such signa- ture. 32. In every f final initial trans mortgaged, charged or dealt with according to P‘LV and terms of the deed, mortgage, r lmtmmnt. Section No transfer of title to the or any es! or interest thereon, or mo: ] until it -Ml be made oees 15 the Haglieas that. the lond deed may thereafter be give dower, right of dower and ite of hom: stead, If any, have been released or extinguish- ed, or it the I.rnmler or mmnn h tended ln be subject thereto, i it shall be so stated in_ the eertlfl-h ol 'Jtlo. and delivering up of such certificate cr e'l'~ tificates of title, the Registrar may such owner a single certificate of title M fln whole of such land, or several certi may be done consistently with regulation at the time being in force, \'-D:fl-fll the par- cels of land that may included in one certificate of title, and upon issuing any such certificate of title, said lu'htnr shall !'l‘)m on the last previous certificate of title of land so delivered up a memorial setting forth the oceasion for such eancellation, referr- ing to the volume and folium of the new cer- tificate or certificates of title so issued. Section 51. In the event d l etfllflu::. of title being lost, misl troyed, , together whh other persons, if any, hvllc knowledge of the ci may make affidavit before the Section case of registration the certificate of title shall relate | befor back to and take effect as of the date of the order or decree directing the registration, and all dealings with the land, and all statutory n | OF other liens upon the same -uhuquent to the filing of the application shall be subject to such order or decree of the court. Section 33. Such certificate, with the mem- arials and notations thereunder noted, and iny copy thereof duly certified under the hand and seal of the Registrar, and the owner's duplicate certificate shall until the expiration of the time herein limited to bring some a tion or to contest the title of the resistered owner, be in all courts and p prim evidence that the provisions of nu I been complied with, and that such certificates of title have been issued in compliance with a the land is as therein expiration of such time limited shall be con- clusive evidence of the same facts. Section 34. The registered owner of any estate or interest in land brought under this except in cases of fraud to which y, or of the person through whom he claims without valuable consideration paid in good faith, hold the same subject only to such estates, mortgages, liens, charges and interests as may be noted in the last certificate of title in the Registrar's office and free from all others, except : 1. Any subsisting lease or agreement for a lease for a period not exceed nz f\\e y(-l where there is actual occupati f the under the lease. The term Ielu shall clude a verbal letting. 2. All public highways embraced in the il«crll‘llon of the lands included in the cer- tificate sha!l be deemed to be excluded from the certificate. 3. Any subsisting right of way or other easement, however created, upon, over or in respect to the land. 4. Any tax or special assessment for which a sale of at ated, and after the In. Snch right ‘o writ of error, right to ap- pear and contest the application. and of such action ot t make counter-claim as is allowed by _this Act. Section 35. After land has been registered no title thereto adverse or in derogation to the title of the m-hnd owner shall be acquind, by any length of possession. im, demand or interest in existence ll.ll not uf itself be imputed as fraud. Section . formance brought hy - under the any land vm_w“.‘l this Act which, or the consideration to | held id order or decree, and that the title to |t the | mortgage shall edge a8 to the truth of such affidavit, and the bona fides of the transaction, shall issue to the| rtified copy of the original cer- ith memorials and notations appear- ing upon the register, and shall note upon the register fact, cause, and date of such d also make upon such certified id or destroyed, as the case may be) certificate, and such certified copy shall and in the place of and have like effect as duplicate certificate. Every mortgage lease for a term not exceeding ten years, contract to sell other instrument intended to create a lien, cumbrance or charge upon registered land or any interest therein shall be deemed to be a charve thereon, and may be registered as here- inafter provided. Section 53. On the filing of the instrume: intcnded to create the charge in the Regist: office. and the production of the duplicate certificate of title, and it appearing to the Registrar that the person intended to cre the charge has the title and right to create such a charge and that the person in whose favor the same is sought to be created is en- tled by the terms of ¢his Act to have the same registered. he shall enter upon the proper folium of the register and upon the Owner's certificate, a memorial of the purport thereof, and the date of filing the instrument with & r\'(er!:‘«i l:;:rlob‘ by k‘:d file mnmb" which memorial s| f the Registrar. The Registrar shall also lw!e upon the in- strument on file the volume and folium of the register where the memorial is entered. Section 54. trust deed in the nature of a deemed to be a mortgage lndhluhhttwu&unnnl--l—fl- Fetion 5%, When any mortage lease o other instrument crea'ing or dealing with & charge upon regisicred land or any other estate or interest therein is a ¢ or more parts, only one of the parts need be filed and ket in the Registrar's of- | fice, but the Registrar shall note upon the 3y st for specific per. | of transferee or person claiming through any: in_duplicate, | Era:;n i Section 59. All charges upon to be|or any estate or interest in the same and rights reunder may be enforced as now allowed by law, and all laws with reference to the foreclosure and release or satisfaction of mortgage shall apply to the mortgages upon registered lands or any estate or interest there- . except as herein «therwise p: and except that until notice of the Dendency of any suit’ to enforce or foreclose such charges is filed at the Registrar's office, and a thereof entered on the register, the pendency of such suit shall not be notice to the - trar, or any person dealing with land or any charge thereon. Section 60. Before any person can convey, charge or otherwise deal with any registéred land or any estate or interest therein as At-, torney in Fact for another, the or instru- ment empowering him so to act, shall be filed | upon the register, and a memorial thereof en- tered upon the register in like manner as in | the case of a charge. If the Attorney shall 80 desire, the Registrar shall deliver to him & _certified copy of the power of with endorsements t| power may be registered in like mn-er. Section 61. When & deed or other instrument is filed in the Registrar’s office for the pur- pose of effecting a transfer of or charge upon registered lands, or any estate or interest in the same and it shall appear that the trans- fer or charge is to be upon any trust, eondl- | tion or limitation expressed in such deed ol | instrument, the Registrar shall, unless such | deed or instrument expressly directs to the contrary, note in the certificate, and the duplicate thereof, or memorial, the words “in trust” or “‘upon condition”, or “with limita- tions”, as the case may be, and no transfer of or charge upon, or dealing with the land, estate or interest shall thereafter be register- ed, unless pursuant to the order of some court, or upon written opinion of an examiner that such transfer, charge or dealing is in ac- cordance with the true intent and meaning of the trust, condition or limitation. Section 62. Upon the filing with the Regis- trar of an order of court or opinion of an examiner, as provided in the last section, and in the latter event upon the Registrar also be- ing satisfied that the proposed transfer, l:hllI' |or other dealings is in accordance with the true intent and meaning of the trust, condition or | limitation, he shall proceed register the ind such registration lhnll ba conclus- such transfer, charge or other right, and those claiming under him, in good faith for a valua- ble consideration, that such transfer, charge or { other dealing is in ce with the true intent and meaning of the trust, condition or limitation. Section 63. Lands and any estate or inter- est therein registered pursuant to this Act, hall upon the death of the owner go to the personal representatives of the deceased in like manner as personal estate, whether the owner dies testate or intestate, and shall be subject to the same rules of l‘llnlltrl- lhn. as if the same were personalty, Act, and exnwt rwise provided in this llllt the rulu of division shall be the sa: s in the descent of real property, or as -hnll be provided by will. Section €4. Before the personal representa- tive of a deceased owner of registered lands of any estate, or interest therein, shall deal | with the same, he shall lh in the Registrar' office a certified eogn his letters of ad- ministration, or if ti is & will, & certified copy of the same and of letters testamentary, or n{ ldl!lnllll'l\hn with the will Aluuud. [ » and shall produce the Iluu flrfi!u&c "of title, and thereupon the Registrar shall enter upon the register & memorial thereof with a reference to the ters or will and the duplicate certificate, the letters by their file number, and the date Secti the case of a will devising the lands to an executor to his own .mnrmmuutor:lvlutothuv- eutor power to sell, no or transfer lands mlh-u-hmw by an administrator in the course of ad- inistration for the payment of debts wr except in pursuance of an order of competent court obtained as provided by Section 66. But a memorial of the will and letters testamentary or of letters of administra- tion being first entered upon the register as herein provided, the executor or uhhhmm may deal with mortgages, leases or ot.hlzr.rr- sonal interests in or upon L the registered owner thereof. Where it appears by the will, a certified copy of which, with the letters | testamentary, is is filed as provided ln this Act, | that registered land is devised to the executor to his own use, or upon some trust, the executor may have the land transferred to himself upon the register in like manner and subject to like terms and condition and with like rights as in the case of a transfer pur- suant to deed filed in the Registrar's office. Section 68. When the will of a deceased owner of registered land, or any estate or interest therein empowers the executor to sell, convey, encumber, charge or otherwise deai with the land it shall not be necessary for such executor to be tered as the owner, but a certified copy of the wlll and Il'“cl! testamentary being filed as provided in this Act, such executor may sell, convey, onmnm. charge or deal with the land suant to the r in like manner as h n[m“u«l owner, subject to like to the trust, limil and conditions expressed in the will as in the case of trusts, limitations, and itions express- od in & will. Section €. Befors making distribution of land the executor or be Registrar's undevised thereinafter dealing the persons therein as the only heirs at law of (he de«nd owner are such heirs. Section 70. The Circuit Court may, for the listribution of the estate, order registered land, or any estate or interest therein, to be sold by the executor or admin- istrator, and upon the filing of a certified copy ol the order of sales and order of confirmation le, and the deed in pursuance of the in the Registrar's office, transfer of the ind, estate or interest to the pu T may be made upon the register, as in the case of other sales by deed. Section 71. Whenever, after the expiration of the time fixed for the adjustment of claims against the estate of the deceased. and after proof of heirshi it shall be made to appear to the Circuit Court that the estate will justify it, the court may direct the executor or ad- ministrator to make over and transfer to « devisees or bei or some of them, in " | anticipation of final distribution, a portion of whole of the registered lands to which ht be entitled on final distribution. And upon the filing of a certified copy of such orders in the Reistrar's office, the executor or administrator may cause such transfer to be le upon the register in like manner as in The land so transferred shall be held free from all liens or claims against the estate. In the proceedings to procure such | direction such notice shall be given as the Cireuit Court may direet. A Section For the purpose of final di triby the Cireuit Court may determine the right of all persons in registered lands, or any estate or interest therein of the de- clare and enforce the rights of devisees, heirs, persons entitled to dower and homestead, and others, assigned dower and homestead, and make partition and distribution according to the rights of the parties. The Court may give direction to the executor or administrator as 0 the transfer of registered lands, and any estate or interest therein to the devisees or the varties, or as the parties auree. Section 73. Before an assignee for the bene- fit of creditors, Receiver, Master in Coancery. | Special Commissioner, or other persom ap- to_be affected. Section 78. levied upon by virtue of any writ ment, exeeution or other process, it shall bc the duty of the officer making such levy to file with the Mmr a certificate of the fact of such levy, a memorial of which shall be entered upon the register, and no lien shall arise by reason of such levy until the filing of such certificate and the entry in the reg- ister of such ], and notice thereof, | actual or comstructive, to the contrary not- | withstanding. Section 79. When any registered land is sold by virtue of any execution, judg- | ment or decree, it shall be the duty of the | Sheriff, Master in Chancery, or other nflur | making such sale, to file the same with the | Registrar, and upon it being so filed the Reg- !istrar shall enter a memorial thereof upon Tregister in the same manner as he is required demnthn shall be filed and noted upon the register in like manner. Section 80. In case of sale of registered land by_a Sheriff, Master in Chancery, Re- | ceiver, Special Commissioner, or other officer or person, pursuant to a judgment, decree or order of Court, no transfer of title shall be made by the Registrar, except upon the sur- render and cancellation of the outstanding certificate of title, or upon an order of the | Court filed with the Registrar directing such transfer in case of the transfer of the fee, directing the cancellation of the out- standing certificate, and granting to the trans- ree a writ of assistance to put him in pos- session of the premises. Section 81. In all cases where, by any law in relation to the liens of mechanics or others, any claim or notice is authorized to be filed in any court or office, the same, when it re- lates to registered land or any interest there- lh. ;u in, may be filed in the Registrar's office, and, filed, & memqrial thereof shall be enund by the Registrar, as in the case of other charges, and pnendl lien may be creating the same. U itil it md.‘:ln such lien shall be d«mmi to have No statutory or other lien shall to effect the title to registered land until after a memorial lbeml is entered upon the register as herein Section rovided. The ufllflau ol the Clerk of fa2atesesaesiissreseearets B t«‘ & o - fl , i i i i 5 | | I i il 3 i i %s i i % T F ¥ i I i I g ; ;i ¥ g : | | ! 5 | i # | ;' F i i i | i P i %% 5 i ¥e | i i ¥ % | ! M i ?;_ [ same, sl do, or is absent from the county, or eannot be lonud, or for any reason such request be made upon him, a court of chance upon petition by the plml interested, such order as may ecording to eqn the premises, nnd um a certified copy order being filed in helrrhhl.r’l office, the Registrar shall make such cancellation, mem- orial or modification as shall be decreed in such order. Section 86. A grieved by the action of the Registrar or by his refusal to act in any matter pertaining to the first registration of land or any estate or interest therein, -n-r th first registration or any transfer or same, the filing or neglect or rd\-l to lln any lutru ment or to enter or cancel any -mrhl notation, or to do any other t required o( him by this Act, may file his bill or petition in equity in any court of competent jurisdic- tion making the Registrar and other persons ected, parties the decree or extend the time of limitation hn- inbefore provided nor to affect the right of the bona fide purchaser or incumbrancer with- out notice filed with the Mnr and noted as in the case of other memorials. Section co-n may, in any case and 86, in IIHI. as it lhll 89. The Registrar shall keep tract , in which shall be entered the lands ‘Town. Ranges, and Iom, lots and blocks therein, and the name of the owner with a reference to the volume and shall also keep alphabetical (Continued on page 3) Armour Star Hams Uncanbassed 18 Cents E. 6. TWEEDELL PHONE 59 We Are Alw Ready to Talk with you about building plans, furnish estimates on your lum- ber and material bills, and to im- part any information we may be able to give. We don't expect an order every time you hove in sight, and will just naturally be glad to see you at any time. Lakeland Manufacturing Company LAKELAND, FLA.