California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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the title, and before any certificate of title shall be issued for
the land described in such deed, the holder thereof mu^t file
with the clerk of the superior court an application for a de-
cree showing the title to said land to be vested in him.

Sec 79. All persons appearing upon the register to be In-
terested In said land, and also the person who appears by the
tax collector's books to have paid the tax or assessment last
paid before the sale on which the deed is issued, shall be
notified; and any person claiming an interest in the land may,
upon the hearing of such application, show, as cause why a
certificate of title should not Issue to the holder of said deed,
any fact that might be shown in law or in equity on his be-
half to set aside such tax deed, and the applicant shall be
required to show affirmatively that all the requirements of the
statute to entitle him to a deed have been complied with.

Sec 80. Such application shall be heard by the court,
which shall render a decree showing the condition of the title
to such land, and who Is the owner thereof, and upon pre-
sentation to him, of a duly certified copy of such decree, the
registrar shall issue a certificate for said land in accordance
with the terms and conditions of said decree.

Sec 81. In case a tax deed of registered land is issued to
the state w any municipal corporation, in pursuance of any
sale for a tax assessment made after the taking effect of this
act, the registrar shall, upon the filing of such deed in his
office, cancel the certificate for the land in said deed described,
and Issue a new certificate to the purchaser.

Sec. 82. The notice required by section seventy-nine shall
be served upon persons Interested in the manner provided in
this act for the service of notice of applications for original
registrations. Proof of such service and publication must be
made in the manner now or hereafter required by the laws of
this state.

Sec 83. Upon presentation to him of a certificate of re-
demption from any tax sale, the registrar shall cancel the
memorial of said sale upon the certificate of title.

Sec 84. In proceedhigs for partition of registered land,
proof must be made that all persons, shown by the register of
title to be Interested in the land, have been made parties to
such proceeding.

Sec. 85. On confirmation of the report of the commissioners
setting off registered lands in proceedings for partition, it shall
be the duty of the parties to whom the lands are allotted, to

cause a certified copy of the judgment or decree to be filed with
the registrar. Thereupon the registrar shall transfer the same
upon the register, and issue certificates of title to the persoos
entitled thereto, as shown by said decree.

Sec 86. Whenever, in proceedings for partiticm of regis-
tered land, the court shall order a sale of sudi land, and the
same is sold under such order, the purchaser shall file with the
registrar a certified copy of the order confirming said sale, to-
gether with certificate of the officer making the sale, that the
terms of the sale have been complied with. Thereupon, the
registrar shall transfer said land upon the register, and issue a
certificate of title to the purchaser therefor.

Sec 87. When a tenant in common has given any mort-
gage, or granted any other lieu or Interest upon bis undivided
interest, and the same is set off in severalty in proceedings in
partition, such mortgage, lien, or other Interesit shall attadi
only to the lands so set off, and the registrar shall note Vat
same upon a new register of title, and a new certificate of title,
and shall indorse a memorandum of the partition upon the in-
strument creating sudi lien, mortgage, or other Interest, if
the same be on file in his office, before a new certificate of
title shall be issued therefor.

Sec 88. Whenever registered land shall be sold to satisfy
any judgment, decree, or order of court, the purchaser stiall
file with the registrar a duly certified copy of the order of
sale, or of the order confirming such sale, when the same needs
to be confirmed by the court, and also the certificate, if any,
of the officer, that the terms of sale have been complied vitb,
and thereupon the regi::tnir shall transfer the land to him, and
issue a new certificate of title therefor to said purchaser.

Sec. 89. No suit, bill, or proceeding at law or in equity
for any purpose whatever, affecting registered laud, or any
estate, or Interest therehi, or any charge upon the same, shall
be deemed to be lis pendens or notice to any person dealing
with the same until notice of the pendency of such suit, bE
or proceeding shall be filed with the registrar and a memorial
thereof entered by him upon the register of the last certificate
of the title to be affected; provided, however, this section
chall not apply to attachment proceedings when the #cer
making the levy shall file his certificate as hereinafter provided.

Sec 90. When any suit, bill, or proceeding affecting regis-
tered lands has been dismissed or otherwise disposed of, or
any judgment, decree, or order has been satisfied, released, re-
versed, or modified, or any levy of execution, attachment, or
other process has been released, discharged, or otherwise dis-
posed of, it shall be the duty of the sheriff, or the clerk of the
court in which such proceedings were pending, or had, as the
case may be, forthwith, under his hand, and, if the cleil:,
under the seal of the court, to certify to and file with the
registrar, an instrument showing such discharge or release.
Upon the same being filed, the registrar shall enter a memorial
of such discharge on the register. The costs of such certificate
and memorial shall be taxed as other costs in the case.

Sec 91. No judgment, or decree, or order of any eoifft
shall be a lien on or hi any wise affect registored land, or any
estate or interest therein, until a certified copy of such judg-
ment, decree, or order, under the hand and official seal of the
clerk of the court hi which the same Is of record, is filed in
the office of the registrar, and a memorial of the same is en-
tered upon the register of the last certificate of the title to be

Sec 92. Whenever registered land Is levied upon by virtue
of any writ of attachment, execution, or other process, it shall
be the duty of the officer making such levy forthwith to file
with the registrar 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 le\y until the filing of such
certificate and the entry In the register of such memorial, any
notice thereof, actual or constructive, to the ccmtrary notwith-

Sec 93. Notice of liens under the provisions of^thc me-
chanics' lien laws of this state shall be filed In the registrar's
office, and a memorial thereof entered by him upcm the register,
as in the case of other charges, and such liens may be en-
forced as now or hereafter allowed by law. Until such notice
Is so filed and registered, no lien shall be deemed to have been

Sec. 94. When in a city, town, or county, an ordinance,
resolution, or order is passed or made, to lay out, estabUsb,
alter, widen, grade, regrade, relocate, or construct or repair a
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street, sidewalk, drain, or sewer, or to make any other public
improvement, or to do any work, tbe whole or a portion of the
expense for which assessments may be made upon real estate,
if any registered land or any land included in an application
for registration then pending is affected by the act or proceed-
ing and liable to such assessment, the clerk of the board pass-
ing such ordinance, resolution, or order must, within five days
after the passage of such ordinance, resolution, or order, file
in the registrar's office a notice of the passage thereof, and a
memorial must thereupon be noted on the register. In case
of Uie repeal of such ordinance, resolution, or order, the clerk
of said board, and in case of the satisfaction of any lien
thereunder, the superintendent of streets or other officer re-
quired by law to collect and receive such assessments, must
within ihre days thereafter, notify the registrar, in writing, who
shall thereupon cancel such memoriaL

Sec 95. No statutory or other lien shall be deemed to
affect the title to registered land until after a memorial there-
of is entered upon the register, as herein provided.

Sec. 96. The filing in the registrar's office of a certificate
of the clerk of the court in which any suit, bill, or proceedhig
shall have been pending, or any judgment or decree is of
record, that such suit, bill or proceeding has been dismissed
or otherwise disposed of, or the judgment, decree, or order
has been satisfied, released, reversed, or overruled, or of any
sheriff or other officer that the levy of any execution, attach-
ment, or other process certified by him has been released, dis-
charged, or otherwise disposed of, shall be sufficient to author-
ize the registrar to cancel or otherwise treat the memorial of
such suit, bill, proceeding, judgment, decree, or levy, accord-
ing to the purport of such certificate.

Sec. 97. After a title has been registered and a certificate
Issued therefor, or after a memorandum, notation, or memorial
has been made on the register of title and has been attested,
no cofrection, alteration, or erasure shall be made therein or
thereof, except in the manner herein provided.

See. 98. A registered owner or other person in interest or
the registrar, may at any time apply by petition to the court,
npon the ground that registered interests of any description,
whether vested, contingent, expectant or inchoate, have term-
inated and ceased or that new interests liave arisen or been
created which do not appear upon the certificates or that there
is an error or omission in any certificate or memorial, or that
any certificate or memorial has been made, entered, indorsed,
issued, or canceled by mistake, or that the name of any person
on the certificate has been changed by divorce, adoption, or
other than by marriage as provided for in section 28 of this
act, or that an owner, registered as married, has ceased to be
sDcb, or that a corporation which owned registered land has
been dissolved and has not legally conveyed the same after its
dissolution, or upon any other reasonable ground, for an or^r
correcting or altering any certificate to comply with the true
facts as shown by the petition and proof adduced and the
court shall have jurisdiction to hear and determine the petition
after notice to all parties in hiterest. The court shall issue
an order summoning all persons registo^ as interested in the
lands to which such certificate or memorial relates, to appear
at an ^pointed time and place and produce their duplicate
certificates and show cause why such omissions, or mistake, or
change, or alteration, should not be corrected or made. The
registrar shall, upon receiving notice of such petition, enter a
memorial of such application upon the certificate of title
affected. If at the time and place appointed all such persons
appear and consent, the court may order the entry of a new
certificate, the entry or cancellation of a memorandum upon a
certificate, or grant any other relief upon such terms, requir-
ing security if necessary, as it may consider proper. If such
persons, oe any of them, fail to appear or do not consent, the
court may proceed to hear testimony and if it appears to the
satisfaction of the court that the relief as petitioned for should
be granted, it shall order and direct the registrar to make such
corrections or modifications on such certificates or memorials
as may be necessary. A certified copy of such order of the
court shall be filed in the registrar's office before any such cor-
rections or modifications shall be entered or made. When
such action lias been caused by the fault or neglect of the
registrar, the costs of such proceedings shall be paid by the
county out of the fees collected by the registrar under the pro-
visions of this act that go into the county treasury; if by the
fault of the person registered as interested in such land, by

such person. The provisions of this section shall not give
the court authority to open the original decree of registration
and nothing shall be done or ordered by the court which shaU
impah* the title or other interest of a purchaser who holds a cer-
tificate for value and in good faith, or his heirs or assigns with-
out his or theh" written consent.

Sec. 99. When the registrar is in doubt or when the par-
ties in interest fail to agree as to the proper memorial to be
made in respect of any deed, mortgage or other voluntary in-
strument presented for registration, the question shall be re-
ferred to the court for decision, either on the certificate of the
registrar stating the question, or upon the suggestion in writ-
ing of any party or parties in interest; and the court, after due
notice to all parties in interest and a hearing, if necessary or
proper, shall enter an order prescribing the form of the
memorial to be made by the registrar, who shall make the
memorial accordingly.

Sec; 100. For services performed under the provisions of
this act, there shall be paid to the registrar the following fees:

Subdivision 1. For filing decree directing land to be brought
under the operation of tills act, including (xiginal registration
and issuing orighial certificate of title and duplicate and the
filing of all instruments connected therewith, for each separate
parcel of land affected, one dollar. For each subsequent regis-
tration and issuing of certificate of title, including one dupli-
cate and the filing of all instruments connected therewith,
for each separate parcel of land affected, one dollar. For
filing certified copy of any petition filed in the superior court
of another county hi probate proceedings or any notice of any
action in another county wherein registration of land is asked
tGT, one dollar. For the entry of each memorial on the reg-
ister, including the filing of all instruments and papers con-
nected therewith and the endorsement upon the duplicate cer-
tificate, for each separate parcel of land affected, fifty cents.
For filing copy of will with letters testamentary or filing copy
of letters of administration with or without will annexed
and entering memorial thereof, one dollar. For the cancella-
tion of each memorial or charge, appearing on one certificate,
twenty-five cents. For each certificate showing the condition
of the title to all land appearing on one certificate, three
dollars. For filing any instrument or furnishing a certified copy
of any instrument or writing on file not herein specially pro-
vided for, the same fees which are allowed by law to recorders
for like services.

Subdivision 2. In addition to the fees provided in sub-
division 1, for services performed by the resistrar there shall
be paid to him the following fees: Upon the original registra-
tion of any land, a siun equivalent to one tenth of one per
cent of the assessed value of the land including permanent im-
provements thereon as the same were valued for county taxa-
tion the last time said land and permanent improvements or
either thereof were assessed for county taxes next preceding
the filing of the petition.

Subdivision 3. All the fees collected by the registrar under
the provisions of subdivision 1 of this secticm shall be ac-
counted for, paid, disbursed and disposed of by him in the
manner that fees collected by him as county recorder are now
or may hereafter be by law accounted for, paid, disbursed and
disposed of. All fees collected under the provisions of sub-
division 2 of this section shall be paid by the registrar, be-
tween the first and fifth days of the month following receipt
thereof, to the treasurer of the state, to be by him accumu-
lated as and for an assurance fund. Should there be a surplus
in any year derived from fees hereunder other than those pro-
vided to be paid to the state treasurer for an assurance fund,
such surplus shall be carried into the general fund and be
subject to appropriation for any purpose. In case such fees
shall not amount to the sum required for the administration of
this act, the deficiency shall be paid from any funds in the
county treasury, not oUierwise appropriated. All books, blanks,
papers and other things necessary, including clerks for the
purpose of carrying out the provisions of this act, shall be
furnished by the board of supervisors at the expense of the

Sec. 101. Nothing in this act shall be construed to hi any
wise affect or modify the exercise of the right of emhient do-
main. When any suit or proceeding shall have been brought
in the exercise of such right for the taking of registered land,
or any toterest therein, or to test the validity of any such
takbig, or to ascertain and establish the amount of damage


by reason oi any such taking. It shall be the duty oi both
parties to the proceeding to see that a certified copy of ttie
judgment or decree therein is duly filed and a memorial thereof
entered upon the register; but in the case of an assessment of
damages, no such memorial shall be entered by the registrar
until such damages have been paid, in which event the registe*
shall also show the payment of such damages; provided, how*
ever, that the deposit with the treasurer, as allowed by law,
of such damages, shall be deemed a payment thereof, and in
such case the treasurer shall forthwith file with the registrar
a certificate of such deposit, and thereupon a memorial tliereof
shal be entered upon the register. Upon the filing of the
certified copy of the order or decree of the court and the pay-
ment of damages, the registrar sliall note on the register of
title of the owners ^ose lands have been appropriated, a de-
scription of the land so appropriated, and shall register in
the name of the person, corporation, or other body entitled
thereto, the title of the land talien, and issue a certificate

See. 102. The registrar shall lieep property indices, the
pages of which shall be divided into columns, showing, first,
the section or subdivision; second, the range or block; third,
the townsliip or lot; fourth, any further description necessary
to identify the land; fifth, the name of the registered owner;
sixth, the volume; and seventh, the page of the register in
which the lands are registered.

Sec. 103. He shall also keep name indices, the pages of
which shall be divided into columns, showing in alphabetical
order, first, the names of all registered owners and all other
persons interested in or holding charges upon registered land;
second, the nature of the interest; tiiird, a brief description
of the land; fourth, the volume; and fifth, the page of the
register in which the lands are registered.

Sec 104. An owner of an undivided interest In registered
lands nuy bring an action for the partition thereof. A notice
of such action shall, at the time of the commencement thereof,
be filed with the registrar and a memorial entered by him
upon the register. A certified copy of any judgment or decree
rendered in pursuance of such action shall be filed with the
registrar, who shall thereupon issue new certificates in accord-
ance therewith.

Sec. 105. Subdivision 1. The state treasurer shall keep
all sums paid to him by the registrars under the provisions
hereof in a separate fund to be known as the "Torrens title
assurance fund,'* and shall keep the same invested and rein-
vested in bonds of the United States or of the State of Cali-
fornia or of any county or municipality thereof, the income
derived from said investment to be, as the same is received,
added to said fund. Said treasurer shall render to the gov-
ernor, at least once in each fiscal year, a full and detailed re-
port, showing all receipts, disbursements and investments on
account of such fund.

Subdivision 2. Any person who, without fraud or negli-
gence on his part, is deprived of any interest or estate in land
throu^ the operation of any provision of this act or by reason
of the fraud, forgery, negligence, omission, mistake or mis-
feasance of any person, and who is precluded from recovering
such interest or estate, may commence an action in the superior
court of the county in which the land or a part thereof is
situated, to recover not over the fair market value of the
interest or estate of wliich he has been so deprived. If such
deprivation has been caused solely by reason of any act of any
registrar or deputy registrar in the performance of official duty
as such, the state treasury-, in liis official capacity, shall be
the sole defendant. If such deprivation has been caused either
wholly w in part by any person or persrais other than such
registrar or deputy registrar, while acting in the official per-
formance of duty as such, such person or persons shall be
joined as defendants with said state treasurer. In any such
action said court shall have jurisdiction, after due service of
summons, as provided in ordinary actions in said court, to
determine ttie reason of such deprivation and to render judg-
ment therein accordingly, either against said state treasurer
alone w against him and all or any of the other defendants.
In any action where there are defendants other than said state
treasurer against whom judgment has been rendered, execution
shall first issue against such other defendants and upon the
return of such execution unsatisfied, either in whole or in part
and upon it appearing to the satisfaction of the court that
said execution cannot be satisfied out of the property belonging

to such Judgment creditors other than said state treasurd*. (t
where Judgment is had against said state treasurer alone, said
court shall make its order directing the payment of the amount
due out of the assurance fund, and such order shall constitute
the warrant for the payment of the same, and tbe state con-
troller shall thereupon audit and certify the amount of sudi
claim in the same manner as other claims against the state are
audited, and the state treasurer shall thereupon pay tbe amount
of said claim ou^ of the assurance fund without any other act
or resolve making an appropriation therefor. If the assurance
fund is at any time insufficient to pay the amount of any
judgment in full, s¬Ђ much thereof as can be paid cut of sucb
fund shall be paid, and the unpaid balance shall bear interest
at the legal rate and shall be paid out of the first moneys
coming into such assurance fund. The attorney general shall
defend the state treasiffer in ail actions br(Nigbt under tlie
provisions hereof, if the person who is deprived of land or of
any estate or interest therein in the manner above stated, lias
a right of action or other remedy for the recovery thereof, be
shall exhaust such remedy before resorting to tbe action herein
provided. The provisions of this section shall not deprive tlK
plaintiff of any action in tort which he may have against any
person for loss or damage or deprivation of land, or any estate
or interest ibereia, but if such plaintiff elects to pursue bis
remedy in tort and also brings an action under tbe provisions of
this section, tbe action against said state treasurer shall be
held in abeyance to await the final result of such action in
tort; in every case in which payment has been made by tbe
state treasurer under the provisions of this section, the state
shall be subrogated to all the rights of the plaintiff against
any other parties or securities, and the state treasurer shall
enforce the same in behalf of the state. Any amounts r^
covered by reason of such subreption shall be paid into tbe
state treasury to the account (tf tbe Torrens title assurance
fund, after deducting therefrom tbe proper expenses in recover-
ing the same.

SulKlivisirai 3. The assurance fund shall not be liable to
pay for any loss, damage or deprivation occasioned solely by a
breach of trust on the part of any registered owner who is
trustee, or by the improper exercise of any power of sole In a
mortgage, nor shall any plaintiff recover as compensaticm under
the provisions of this act more than the fair nuu-ket value of
the land or of the estate w interest held by him at the tine
vdien he suffered the damage, loss or deprivation complained
of. Actions for compensation out of the assurance fund under
the provisions of this act shall be commenced within four years
from the time when the right of action accrued or they shall

Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 22 of 36)