6/75. 
 
 miimmm,!;? 9'® act of the s 
 
 3 1924 019 955 073 
 
(THE AMERICAN TORRENS SYSTEM.) 
 
 The 
 
 Land-Title Registration Act 
 
 of the 
 
 State of New York 
 
 INDEXED 
 
 WITH INTRODUCTION 
 
 BY 
 
 DORR yjELE 
 
 AND 
 
 JOSEPH C. BAECHER 
 
 Of the New York State Bar, Official Examiners of Title 
 
 Second Edition 
 
 ALBANY, N, Y. 
 MATTHEW SENDEE & COMPANY 
 
 INCOBPOBATED 
 1916 
 
/^7< 
 
 COPTEIGHTED, 1916, 
 BY 
 
 MATTHEW BENDER & COMPANY, 
 
 IN00RPOEA.TED. 
 
PREFACE 
 
 THIS booklet gives in convenient form the Land-Title Regis- 
 tration Statute of New York, and a statement of the aim 
 and method of the Torrens System as therein adopted and 
 available to land owners in this State, The statute is a complete 
 copy of the article of the Eeal Property Law relating to registering 
 title to real property, in a form given it by the amendments of 
 1909, 1910 and 1916, which have been the only amendments 
 
 DoEE ViELE, Pres. 
 August, 1916. Joseph C. Baechee, Sec'y-Treas. 
 
 Of The Associated Official Ex- 
 aminers of Title in the State of 
 New York. 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31 92401 9955073 
 
INTRODUCTORY STATEMENT 
 
 THE PURPOSE OF REGISTRATION. 
 
 Purpose. 
 
 The purpose of land title registration (the Torrens System) 
 is to furnish, for land an evidence of the title which shall be always 
 available, complete in itself, and as to which the right to rely 
 thereon shall not be restricted to one person^ as in the case of an 
 attorney's opinion^ but shall extend to all who have occasion to be 
 interested. 
 
 How Met. 
 
 This purpose is met by the certificate of registered title issued 
 by the County Kegistrar, who is the County Clerk acting in an- 
 other capacity. (In the counties of Kings, Westchester and ITew 
 York the County Register is the Eegistrar.) 
 
 Certificate of Title. 
 
 The certificate is a simple statement of the ownership of the 
 land which it describes;, giving the ovnier^s name and address 
 and if married his wife's name. It is evidence in any court of 
 the facts on its face and that the provisions of law up to the time 
 of its issue have been complied with. The certificate is issued 
 in duplicate; the original is a page in a book in the Registrar's 
 office, the duplicate is given the owner. 
 
 As changes in the title to registered property are made through 
 the Eegistrar (exhibited in the certificate itself or by endorse- 
 ments on it attested by his signature) the certificate at all times 
 shows the condition of the title by mere inspection. 
 
 How Registered Title Transferred. 
 
 Title after it has once been registered is transferred on sale by 
 the Registrar's issuing a new certificate in the name of the pur- 
 chaser and cancelling the earlier original and duplicate. The key- 
 note of the system is the handling of the title by the certificate. 
 To authorize the Eegistrar to certify a new owner he requires a 
 
6 IlsTTRODUCTOKT STATEMENT. 
 
 deed in any of the customary forms to be filed with him and the 
 parties to agree in a statement of their intention. The duplicate 
 certificate of the selling owner must be delivered to be cancelled. 
 
 When only a part of the property described in a certificate is 
 sold, new certificates may be issued both to the buyer for what is 
 sold and to the seller for what is retained; or, if each parcel is 
 described by itself on the original certificate, that may be cancelled 
 merely as to the land sold, for which the new one is issued. The 
 convenience of this procedure for sub-divided tracts which have 
 been registered as a whole by an original certificate separately 
 describing the subdivision lots, is obvious. 
 
 No title is transferred prior to the Kegistrar's act of certifying 
 the new owner. 
 
 Incumbrances and Liens. 
 
 In mortgaging, the instrument executed by the owner and state- 
 ment by the parties are filed with the Registrar and he endorses 
 an entry of the mortgage upon the certificate. This establishes 
 its lien. The mortgagee may hold a certified copy or duplicate 
 original of the mortgage and also have the owner's duplicate certifi- 
 cate left with him during the term of the mortgage, after it has 
 been endorsed to correspond with the original. 
 
 Incumbrances not discharged upon an old certificate at the time 
 of issuing a new one, are transferred to the latter. 
 
 To affect a title otherwise than by the owner's voluntary acts 
 evidenced by his written instruments, the person desiring to 
 establish a claim or lien must file a proper evidence, such as the 
 transcript of a judgment, to be endorsed on the certificate of the 
 particular land to be charged. Until this is done no lien is created 
 upon the land, the only judgments excepted from this require- 
 ment being those in the United States Courts. Taxes laid after 
 registration until they are paid or steps begun to enforce their 
 payment by sale (as a rule, not more than two years after assess- 
 ment) are a lien in effect without appearing on the certificate. 
 Steps to enforce them can only be begun by filing notice with the 
 Registrar to be entered on the certificate. The only other interests 
 that can arise without being entered thereon are under leases or 
 agreements for a lease, for not over a year, where there is occupa- 
 tion under them ; and dominant or servient easements which accrue 
 
INTEODUCTOKY STATEMENT. 7 
 
 in such manner as not to require registration. Eegistered property 
 cannot be subjected to adverse possession. 
 
 Advantages. 
 
 The convenience of the certificate chiefly lies in its immediate 
 availability as proof that a title is such as a purchaser or mortgagee 
 desires. It is also valuable for its emphasis upon the union of the 
 possession, right of possession, and right of property. If by force 
 of circumstances one of these elements necessary to a good title 
 becomes unsettled, the fact is at once apparent and it automatically 
 becomes impossible to deal with the land until it is again estab- 
 lished. By thus forcing the earliest possible settlement of equivocal 
 situations the system, in addition to its facilitating the handling 
 of marketable titles, tends to prevent their ever becoming perma- 
 nently unmarketable. 
 
 In connection with issuing certificates transferring title, or 
 endorsing mortgage-liens, the Registrar looks at the suflSciency of 
 the instruments filed to express the intention of the parties, a new 
 safe-guard against poor conveyancing. 
 
 The inspection of the original certificate proves the title. With- 
 out reference to the original the duplicate kept by the owner proves 
 his title ; and shows the incumbrances upon it to the date to which 
 it agrees with the original certificate. At the time of closing a 
 purchase, looking over the certificate, the tax receipts since judg- 
 ment of registration and before tax-sale, the docket of the United 
 States District Court and viewing the premises, discloses all par- 
 ticulars of the title. 
 
 Through the continuous availability of this proof and by being 
 transferable without the expense hitherto customary, and with- 
 out delay after an agreement on terms, registered land acquires a 
 new value as mortgage security and as an asset. 
 
 THE MODE OF OPERATION. 
 
 Operation of the system in the Registrar's office is extremely 
 simple. His books are the Entry Book, the General Index, and 
 the Title Book. The first lists all papers as they are filed and 
 shows their serial number, kind, the number of the application (if 
 registration is pending but not completed), or certificate to which 
 each relates, and for whom it is filed. The General Index is an 
 alphabetical index of the persons owning registered land or regis- 
 
8 IJSTTEODUCTOEY STATEMEISTT. 
 
 tered rights in land. The Title Book contains the certificates of 
 
 title, either first certificates or subsequent transfer certificates, each 
 
 a separate leaf of the book. 
 
 For the convenience of the Registrar in making the proper 
 
 entries each paper filed with him is required to be endorsed with 
 
 the name and address of the person in whose behalf it is filed, and 
 
 the Registrar supplies its serial number from the last previous 
 
 number in the Entry Book and the number of the application or 
 
 the certificate to which it relates from the General Index and the 
 
 Tickler Certificate Book or Title Book. 
 
 Example : 
 
 " Filed in behalf of 
 
 Eichard Eoe 
 
 1000 Main Street 
 
 Buffalo, :H. Y." 
 
 " Erie County Registrar's OflSce 
 
 Filed August 25, 1910 
 
 Serial ISTo. 131 
 
 ^ , 'Application ^^ . , ^ „ 
 
 Relates to ^ ^.^ , Number 40 " 
 Certificate 
 
 In filing a transcript of judgment or other lien to be charged 
 upon registered land, the lienor must endorse on his paper the 
 certificate number of the land to be charged. 
 
 In the counties having block indexes an index of registered 
 owners is kept by blocks, and in all counties there is an index of 
 registered lands by brief description. 
 
 There is also kept a book of receipts in the handwriting of 
 registered owners, taken on the issuing of the duplicate certificate 
 to them. 
 
 Fees. 
 
 Statutory fees are fixed at one dollar for entering, filing and 
 indexing any lien or incumbrance; for entering, filing and index- 
 ing any instrument cancelling any lien or incumbrance noted on 
 a certificate, fifty cents ; for entering, filing and indexing a deed 
 or other paper requiring the cancellation of one certificate and 
 the issue of another, two dollars for each new certificate issued. 
 
untteoductory statement. 
 
 Connection with Old System. 
 
 Kegistering a title (whick removes it from the old index system 
 in the County Clerk's OfSce) is done through an action in the 
 Supreme Court to which all persons having an interest in the land 
 are made parties in order that the judgment expressing their 
 interests may be binding and conclusive. The service of the sum- 
 mons and complaint or notice is made as in actions of foreclosure 
 or partition. Notice of pendency of the action in the County 
 Clerk's Lis Pendens Docket refers a person who is making a search 
 to the Registrar's books for subsequent dealings with the property. 
 Dealings during the action are noted on the Tickler Certificate 
 Book and the judgment directs in detail how the certificate in the 
 Title Book shall show the title vested. Registering a title implies 
 that the property will remain under the Registrar's jurisdiction. 
 
 The system is a natural evolution of Anglo-Saxon law to super- 
 sede the outgrown proof of title through recording deeds and 
 abstracting chains from the indices for successive examinations 
 for attorney's opinion or corporation insurance. Statutes inaugu- 
 rating it have been adopted in 14 States and an act has been 
 recommended to all the States by the Commissioners on Uniform 
 Legislation. A considerable literature on the subject is available. 
 
 DOEB ViELB, 
 
 90 West St., New York. 
 Joseph C. Babchee, 
 
 921 Fidelity Building, Buffalo. 
 
LAWS OF NEW YORK 
 
 Chap. 52 
 
 AN ACT relating to real property, constituting chapter fifty of 
 
 the consolidated laws. 
 
 . Became a law February 17, 1909, with the approral of the Governor. Passed, 
 three-fifths being present. Amended by oh. 627, L. 1910; oh. 547, L. 1916. 
 
 REAL PROPERTY LAW 
 
 ARTICLE 12. 
 
 REGISTERING TITLE TO REAL PROPERTY. 
 [Comprising §§ 370 to 435 of the Real Property Law.] 
 
 Section 370. Application to register title to real property. 
 
 371. Applications and proceedings to be in the supreme court; title 
 
 part of special term. 
 
 372. County clerics and registers to be registrars of title. 
 
 373. R^istrar'fl bond. 
 
 374. Deputy registrars' powers and duties. 
 
 375. Compensation of registrars and deputy registrars and registra- 
 
 tion clerks. 
 
 376. DispositioDi and use of fees received by registrar. 
 
 377. Official examiners of title. 
 
 378. What owners may apply; what titles may be registered. 
 
 379. Contents of application for registration; other papers to be filed. 
 
 380. Official examiner's report of title; other evidences of title. 
 
 381. Survey, map, or plan to be filed. 
 
 382. Notice of application and of pendency of action. 
 
 383. Filing ofl caution. 
 
 384. Agent of nonresident applicant. 
 
 385. Commencement of the action. 
 
 386. Notice of object of action ; copy of complaint. 
 
 387. Summons and notice to be posted on the land'. 
 
 388. Guardian a-d litem. 
 
 389. Any person interested may appear and defend. 
 
 390. Title in lands vested; clouds thereon removed. 
 
 391. Judgments and orders conclusive. 
 
 392. Fraud; action to set aside the judgment or to recover the 
 
 property. 
 
 393. Registration of title. 
 
 394. Certificate of title. 
 
 395. Title book. 
 
 396. Duplicate certificate of title. 
 
 397. Owner's receipt for certificate of title. 
 
 398. Certificate to include dealings pending registration. 
 
 399. Certificate of title as evidence. 
 
 400. Rights of owners of registered' property; exceptions; incum- 
 
 brances and transfers to be filed. 
 
 401. Registered property not affected by prescription! or advcrHe 
 
 possession. 
 
 402. Fraud; notice only by registration. 
 
 403. Memorial to be carried forward. 
 
 (11) 
 
12 EEAL PROPEETY LAW. § 3Y0 
 
 Sbotion 404. Registered property to remain registered. 
 
 405. Eegistered property subject to same rights and burdens as un» 
 
 registered property. 
 
 406. Transfers of registered property. 
 
 407. Certificate as to part of property remaining after transfer. 
 
 408. Book of covenants, restrictions, trusts and forms. 
 
 409. Filing, entering and indexing papers pursuant to this act; 
 
 tickler certificate. 
 
 410. Notice of filed papers. 
 
 411. Addresses of interested parties; notice. 
 
 412. When a transfer is deemed to be registered. 
 
 413. New certificates of title. 
 
 414. loss of owner's duplicate. 
 
 415. Mortgages, leases and other liens and charges ; may be registered. 
 
 416. Proceedings to register mortgage, lease or other lien or charge. 
 
 417. Judgments, decrees, attachments and other liens to be noted on 
 
 certificate. 
 
 418. Assignment of mortgage, lease, or other lien or charge. 
 
 419. Release, discharge or surrender of charge or incumbrance. 
 
 420. Enforcement of mortgages, charges, liens and incumbrances. 
 420a. Registration under judicial sales. 
 
 421. Powers of attorney to be filed and registered. 
 
 422. Reference of doubtful matters to the court. 
 
 423. Death of owner of registered property; transfer of property. 
 
 424. Certificate of title during settlement of estate. 
 
 425. Title derived through execution of a power in a will. 
 
 426. Assurance fund. 
 
 427. Compensation from assurance fund. 
 
 428. Action against assurance fund. 
 
 429. Restrictions on claims against assurance fund. 
 
 430. Penalties for fraudulent acts or false certificate*. 
 
 431. Forgery and fraudulent stamping; penalty. 
 
 432. Fees to be charged. 
 
 433. Construction of article. 
 
 434. Form for ofiScial examiner's report of title. 
 
 435. Form for certificate of title. 
 
 § 370. Application to register title to real property. 
 
 Real property, or any estate, interest, or right therein, the title 
 to which is hereby authorized to he registered, may be brought 
 under the operation of this article by the filing of a complaint, 
 verified as prescribed by the code of civil procedure and praying 
 for registration, with the clerk of the county in which the land, 
 or some portion thereof, is situated. The application may be so 
 made in person by the owner or owners of such property, estate, in- 
 terest, or right, or by an attorney at law duly authorized so to do. 
 A corporation may also apply by its duly authorized ofiicer or agent. 
 An infant or other person under disability may apply by his legally 
 appointed guardian, or trustee, or committee. The natural person 
 
§ 371 REGISTEKIi^G TITLE TO PROPERTY. 13 
 
 or cjorporation, in whose behalf the complaint is filed may be known, 
 and is treated in this article, as the applicant, or plaintiff. The 
 complaint so filed may be known, and is treated in this article, as 
 the application. (Amended by L. 1910, ch, 627, in effect June 
 23, 1910.) 
 
 Derivation: L. 1908, oh. 444, § 2. 
 
 § 371. Applications and proceedings to be in the sapreme conrt; 
 title part of special term. 
 
 The application for registration must be made to tke supreme 
 court; or to a justice thereof, sitting at a special term, in any of 
 the counties within the judicial department where the property is 
 situated, and for that purpose said court shall be always open; 
 and its orders, judgments and decrees in cases coming under this 
 article may be made and entered as well in vacation as in term 
 time. The proceedings upon such applications shall have the effect 
 of proceedings in rem against the land, and the judgments shall 
 operate directly on the land and vest and establish title thereto. 
 An issue raised in such a case shall be tried at a special term of 
 said court, in the county in which the application is filed, by the 
 court or a referee, except that an issue of fact may be tried by a 
 jury, in the manner prescribed by the constitution and code of civil 
 procedure. When in any county the amount of business under 
 this article makes it necessary or proper that such business should 
 be attended to by one or more justices of said court assigned for 
 that purpose, the appellate division of the judicial department in 
 which such county is situated shall designate as many justices as 
 may be deemed necessary, to constitute the " title part " of the 
 special term in that court; and said appellate division shall pro- 
 vide by rules of practice for the conduct, in said title part, of the 
 business coming under this article In such county. Said appellate 
 'division may assign one or more additional justices to said " title 
 part " of the special term, or withdraw one or more justices there- 
 from, as the business coming under this article may require and 
 ^he availability of the supreme court justices make proper. One 
 of the justices so assigned to the " title part " of the special term 
 in any county shall be designated by said appellate division to have 
 
U KEAL PROPEKTY LAW. §§ 372, 373 
 
 general supervision and control of the business coining under this 
 article in that county; and so far as is reasonably possible, such 
 designation shall remain unchanged, and such justice shall be 
 retained continuously in such term and part during his term of 
 office unless in the opinion of the appellate division a change is 
 required for the better enforcement or working of this law. One 
 and the same justice may be assigned so as to have such general 
 supervision and control in two or more counties of the judicial 
 district for which he is elected. Other duties may be assigned by 
 such appellate division to such justice, provided that they do not 
 interfere with bis work in supervising and controlling the business 
 coming under this article. The justice assigned, as herein pro- 
 vided, to have general supervision and control of the business com- 
 ing under the article in any county, shall also have general super- 
 vision and control of all the official examiners within such county 
 and it shall be his duty to observe and supervise their work as sucii 
 official examiners, to advise them when necessary and to make any 
 suggestions or recommendations to the appellate division with re- 
 spect to discipline, suspension or removal of any of them as to him 
 may seem necessary or proper in the interests of the successful 
 operation of this law. (Amended by L. 1916, ch. 547, in effect 
 May 15, 1916.) 
 
 Derivation: L. 1908, ch. 444, § 3. 
 
 § 372. County clerks and registers to "be registrars of title. 
 
 County clerks in the several counties of the state, except the 
 counties that may have registers, and in the latter counties the 
 registers of said counties shall be " registrars " of titles in their 
 respective counties. All laws relative to registers, county clerks 
 and their deputies shall extend to registrars and their deputies, 
 BO faf as the same may be applicable, except as in this article 
 otherwise provided. Registrars of titles shall be county officers, 
 within the meaning of the laws of this state. 
 
 Derivation: L. 1908, ch. 444, § 4. 
 
 § 373. Registrar's bond. 
 
 Every registrar, before entering upon his duties as registrar, 
 shall give a bond with sufficient security, to be approved by a jus- 
 
§§ 374, 375 KEaiSTEEING TITLE TO PEOPEKTY. 15 
 
 tice of the supreme court, payable to the people of the state of ISTew 
 York, in a penal sum the same as that for his bond as register or 
 county clerk, conditioned for the faithful discharge of his duties, 
 and to deliver up all papers, books, records and other property be- 
 longing to the county or appertaining to his office as registrar of 
 titles, whole, safe and undef aced, when lawfully required so to do, 
 which bond shall be filed in the office of the secretary of state. 
 
 DerlTatlon: L. 1908, oh. 444, § 5. 
 § 374. Deputy registrars' po-wers and duties. 
 
 In any county where the business under this article so requires, 
 the registrar may appoint a chief deputy and as many other depu- 
 ties as are needed. But no one unless he is also a deputy register 
 or an assistant deputy register appointed under statutory author- 
 ity, or a deputy county clerk, shall be appointed as fiuch deputy 
 registrar unless he is an " official examiner of title " as described 
 and required by section three hundred and seventy-seven of this 
 chapter. Deputies may perform any and all duties of the registrar 
 in the name of the registrar, and the acts of such deputies shall be 
 held to be the acts of the registrar, and in case of the death of the 
 registrar, or his removal from office, the chief deputy shall there- 
 upon become the acting registrar until such vacancy shall be filled 
 according to law, and he shall file a like bond and be vested with, 
 the same powers and subject to the same responsibilities and enti- 
 tled to the same compensation as in the case of the registrar. 
 (Amended by L. 1909, ch. 305 ; L. 1916, eh. 547, in effect May 
 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 6. 
 
 g S75. Compensation of registrars and deputy registrars and regis* 
 tration clerks. 
 
 Where county clerks and registers are already salaried officials, 
 the local authorities (county officials who provide for county ex- 
 penses) shall fix their additional compensation as registrars, also 
 the compensation of deputy registrars, the clerks, et cetera, needed 
 to carry on the work under this article. Where a county clerk or 
 a register is compensated directly by the fees paid to himself, his 
 
16 EEAL PKOPEETY LAW. §§ 376, 377 
 
 deputies and assistants, the fees paid to him as registrar shall take 
 the usual course and be used to compensate deputies, clerks, et 
 cetera, at such rates as the registrar may fix, the remainder to 
 belong to him. 
 
 DerlTation: L. 1908, oh. 444, § 7, 
 
 § 376. Disposition and nse of fees received hy registrar. 
 
 AU fees received by a registrar, for the performance of the 
 duties devolving upon him pursuant to this article, shall be dis- 
 posed of in such manner as the other fees paid to county clerks and 
 registers, with the following proviso: In those counties where 
 registrars under this article are or shall become salaried oiEcials, 
 all fees paid for the registration of titles shall be kept separate by 
 the registrars and serve, so far as they are necessary or adequate, 
 to pay the expenses of registering titles and the other duties for 
 which charges are made. It shall be the duty of the local author- 
 ities who provide for county expenses to provide such accommoda- 
 tions, help, safes, books, papers and for such other expenses as may 
 properly be required by the registrar in the conduct of his office. 
 
 DeriTation: L. 1908, oh. 444, § 8. 
 
 § 377. Of&caal examiners of title. 
 
 Before application is made for the registration of a title, it must 
 be thoroughly examined and certified by an " official examiner of 
 title." A person duly admitted to practice as an attorney and 
 counselor-at-law in the courts of record of this state, or a corpora- 
 tion duly incorporated under and by virtue of the laws of this state, 
 and by said laws duly authorized to guarantee or insure titles to 
 real property in this state, and no other person, corporation, or in- 
 stitution, may be admitted to the office or position of, and licensed 
 to practice as, an official examiner of title. The court of appeals 
 shall prescribe rules providing for the methods of ascertaining the 
 fitness of individual applicants for license to practice as such ex- 
 aminers, and in doing so, shall take into account the length of time 
 during which applicants have practiced law and the amount of 
 work that they have done in the examination of titles to real prop- 
 erty. In the case of experienced examiners of such titles, pro- 
 
§ 377 EEGISTEEING TITLE TO PROPERTY. 17 
 
 vision may be made for licensing them, without examination, to 
 practice as " oflBcial examiners of title." After complying with the 
 rules and requirements prescribed by the court of appeals pursuant 
 to this section, an individual applicant may be licensed and ad- 
 mitted to practice as an oflBcial examiner of title in this state, by 
 an order of the appellate division of the supreme court of the 
 department in which he resides, or in which he has an oflfice for the 
 regular practice of law. He may be required to give such a bond 
 as the court may prescribe. A corporation may be licensed and 
 admitted to practice as an official examiner of title by an order 
 of the appellate division of the supreme court of the department 
 in which it has its principal place of business, which order shall be 
 made on the certificate of the proper state official that such corpora- 
 tion is duly incorporated under and by virtue of the laws of this 
 etate, and' by said laws authorized to guarantee or insure titles to 
 real property within this state. 
 
 Any official examiner of title may base the report and affidavits 
 required by this article, upon searches and abstracts of title made 
 by a corporation duly organized under and by virtue of the laws 
 of this state, and by said laws duly authorized to make and to 
 certify to searches and abstracts of title. The county clerk in any 
 county, except in counties having a register, and in such counties 
 the register may designate any deputy register, assistant deputy 
 register or deputy county clerk appointed in his office under any 
 provision of law to act as an official examiner of title in his county, 
 or the county clerk or register may appoint one or more attorneys 
 to act as official examiners of title in his county, provided, how- 
 ever, that any deputy or any other person so- designated or 
 appointed shall be an attorney and oounselor-alrlaw and licensed to 
 practice -as an official examiner of title. The salaries of the offi- 
 cial examiners of title designated or appointed by a county clerk 
 or register, or their additional compensation for acting as official 
 examiners of title beyond the salaries attaching to the office of 
 deputy or assistant deputy, shall be fixed by the county clerk or 
 register and shall be paid in the same manner as in the case of 
 other employees of his office, subject to the audit of the local 
 
18 EEAL PEOPEETY LAW. § 378 
 
 county or city authorities. The fees for all services rendered by 
 such official examiners so designated or appointed hya county 
 clerk or register shall be received by the county clerk or register 
 and disposed of in the same manner as are other fees received by 
 him. 
 
 In case no official examiner of title is designated or appointed 
 in any county, the justice designated by the appellate division to 
 have general supervision and control of the business coming under 
 this article in that county may appiont a competent attorney 
 to act as such official examiner of title upon such terms as may 
 be just and determined by said justice. Any official examiner 
 of title v^ho is an attorney and counselor-at-lav? shall have power 
 to sit as a referee and may administer oaths and examine wit- 
 nesses and may at any time apply to the court for directions in 
 any matters concerning his investigations. Said appellate division, 
 may advise, admonish, discipline, suspend or remove any official 
 examiner, because of any dishonesty, incompetency, neglect of 
 duty or any other improper conduct or omission, either on ita 
 own motion, or on the suggestion or recommendation of the jus- 
 tice of the supreme court having general supervision and control 
 of the business coming under this law in the county in which 
 such official examiner is appointed; and it shall be the duty o£ 
 said appellate division to co-operate with such justice in endeav- 
 oring to retain the highest possible standard of ability, efficiency 
 and honest service for all official examiners acting under and pur- 
 suant to this law. 
 
 No official examiner who has inade the official examiners' re 
 port of title to be used in an action for the registration of such 
 title shall act as attorney or counsel in such action, or be otherwise 
 interested in such action. (Amended by L. 1916, ch. 547, in 
 effect May 15, 1916.) 
 
 Derivation: L. 1908, eh. 444, § 9. 
 
 § 378, What owners i^ay a^ply; wbat titles may he registered. 
 
 Application for registration of title may be made by the follow- 
 ing persons: 
 
§ 379 EEGISTEEING TITLE TO PEOPEETY. 19 
 
 First. The person or persons who claim, singly or collectively, 
 to own in fee simple the legal estate in land, pr in some right 
 in or over land, and who hold and possess such land or such right. 
 
 Second. The person or persons who claim, singly or collectively, 
 to own a contract for the purchase in fee simple of the legal estate 
 in land, or in some right in or over land, from the owner thereof, 
 upon the duly acknowledged consent of the owner of the fee, 
 which consent may be incorporated in the contract. Eegistration 
 in the name of the holder of the contract shall not be made, except 
 on the production of a proper transfer of title under and pursu- 
 ant to the contract from a transferrer in possession, or the consent 
 in writing, duly acknowledged, of the proposed vendor in posses- 
 sion and named in the contract and his wife, if he be married. 
 Such transfer or consent may be made after the commencement 
 of the registration proceedings or action. 
 
 Third. The person or persons who claim, singly or collectively, 
 to have the power of appointing or disposing in fee simple of the 
 legal estate in land, or in some right in or over land. 
 
 No title to a mortgage, lien, trust, charge or estate less than a 
 fee simple shall be registered, unless the title to the legal estate in 
 fee simple in the same property is first registered. When the 
 application is made by the holder of a contract to purchase, it shall 
 refer to the ownership of the proposed vendor, and to the contract 
 of purchase and sale. 
 
 It shall not be an objection to bringing real property under 
 this article that the estate or interest of the applicant is subject 
 to any outstanding lesser estate, mortgage, trust, charge, or other 
 lien or right. But any such lesser estate, mortgage, trust, charge, 
 or other lien or right shall be duly noted on the certificate of 
 title when issued. (Amended by L. 1916, ch. 547, in effect May 
 15, 1916.) 
 
 Berlvation: L. 1908, ch. 444, § 10. 
 
 § 379. Contents of application for registration; other papers to be 
 filed. 
 
 The application for registration shall be made by filing a 
 complaint, as required by section three hundred and seventy of 
 
20 KEAL PKOPERTY LAW. § 379 
 
 tMs ctapter. Except as otherwise specified herein, the com- 
 plaint (and the summons in the action) shall name as parties to 
 the action all persons having or claiming any right or interest 
 in or lien upon the property, or any part thereof, as shown by 
 the examiner's report of title hereinafter described; the owners 
 in fee simple of the surrounding contiguous properties, so far as 
 they are known or can be reasonably ascertained by inquiry on 
 such property; the people of the state of New York; all persona 
 who have filed any caution or cautions against the registration of 
 such property as provided by section three hundred and eighty- 
 three of this chapter, and such additional parties as may be desig- 
 nated by the court in its order directing the issuance and service 
 of the summons; and it shall further designate and make parties 
 to the action all other possible owners and claimants of the prop- 
 erty or any right or interest in or lien upon the property or 
 any part thereof as " all other persons, if any, having any right 
 or interest in, or lien upon, the property affected by this action, 
 or any part thereof." The complaint and summons shall have the 
 forms and effects prescribed for them by the code of civil pro- 
 cedure. The complaint shall set forth, in addition to any other 
 proper allegations : 
 
 (a) The name and post-oflSce address of each of the plaintiffs, 
 and when made by one acting in behalf of another, the name, 
 place of residence and street number, if any, and post-oflBce address 
 and capacity of the person so acting. 
 
 (b) Whether or not each of the plaintiffs (except in case of 
 a corporation) is married, and, if married, the name, place of 
 residence and street number, if any, and post-office address of the 
 husband or wife, and, if unmarried, whether he or she has been 
 married, and if he or she has been married, when and how the 
 marriage relation terminated, and, if the marriage was terminated 
 by annulment or divorce, when, where and by what court the 
 annulment or divorce was granted, and for the misconduct, if any, 
 of which party it was granted, and the nature of the misconduct^ 
 if any, for which it was granted. 
 
 (c) That each of the plaintiffs is of the full age of twenty- 
 
§ 380 EEGISTEKING TITLE TO PEOPERTY. 21 
 
 one years and free from any disability, or, if lie is a minor or 
 under disability, his age or the nature of such disability, and the 
 authority of the person by whom his application is made. 
 
 (d) The complaint shall state what claim, if any, the state of 
 New York m'akes to the property in question or what interest, if 
 any, it has therein other than the general governmental interest 
 or such as exists as to all land in private ownership, 
 
 (e) A proper reference to the official examiner's report of title ; 
 and to the survey, map or plan of the property; each of which 
 is to be annexed as an exhibit to the complaint, and made and 
 declared by the complaint to be a part thereof. 
 
 (f ) A statement of the estate, interest or right claimed by the 
 plaintiff in the property sought to be registered. 
 
 (g) A prayer that the title be duly registered, as belonging to 
 and vested in the plaintiff or plaintiffs, or as the facts may re- 
 quire at the time of such registration, in the manner set forth in 
 the said report of title or otherwise ; and that the court may order 
 the issuance of the summons and service of the summons and the 
 proper notice, as hereinafter directed, on all the defendants who 
 do not duly appear in the action. 
 
 The court may require additional facts to be stated in the com- 
 plaint, and may require the filing of any additional paper or evi- 
 dence. It may also require the complaint to be amended and 
 reverified as the circumstances of the case may demand or make 
 proper. (Amended by L. 1910, ck 627; L, 1916, ch. 547, in 
 effect May 15, 1916.) 
 
 Derivation; L. 1908, cl. 444, § 11. 
 
 § 380. Official esaminer's report of title; other evidences of title. 
 
 The official examiner's report of the title referred to in sec- 
 tion three hundred and seventy-nine shall accompany the com- 
 plaint as an exhibit, and be made a part thereof. An individual 
 examiner, who makes the report, shall annex thereto his affidavit 
 that the same is true in every particular, to the best of his knowl- 
 edge and belief, and that he has employed all usual means and 
 methods for ascertaining the truth thereof, and all the facts and 
 circumstances affecting and concerning the title to said property. 
 
22 EEAL PEOPEETY LAW. ~ § 380 
 
 A corporate official examiner, that makes the report, shall annex 
 thereto its policy of guarantee or insurance of the title as shown 
 by the report, for an amount to be fixed by it and the plaintiff 
 or pliantiffs, "which amoimt shall not be less than the last valua- 
 tion of the property or interest insured, for the purpose of local 
 annual taxation, or its proper proportion thereof ; which guarantee 
 or insurance shall be made in favor of the plaintiff, and the people 
 of the state of ISTew York, and shall inure to the benefit of, and be 
 recoverable upon, by any one who may be injured in any way 
 within ten years after the filing of said policy of guarantee or in- 
 surance, because of any error, fraud, omission or misdescription 
 in said report. Said official examiner's report shall set forth 
 the exact state and condition of the title sought to be registered 
 in the action, and the names, places of residence with street num- 
 ber, if any, and post-office addresses as far as known or reason- 
 ably ascertainable, and the rights or interests, or claimed rights 
 or interests, of the plaintiff and all other persons having or 
 claiming any rights or interests in or liens upon said prop- 
 erty or any part thereof, and the names, places of residence with 
 street number, if any, and post-office addresses of the owners in 
 fee simple of the surrounding contiguous properties, as far as 
 they are known' or can be reasonably iascertained by inquiry on 
 said properties; and, as to actual or possible owners or claim- 
 ants of the property sought to be registered, not known or not 
 found, it shall state fully what search and efforts have been made 
 to find them. All possible owners and claimants of the prop- 
 erty sought to be registered, or any right or interest therein or 
 lien thereon, or in or on any part thereof, who cannot be other- 
 wise described, ehall be designated in the report, and in the 
 summons and complaint, by the expression " all other persons, 
 if any, having any right or interest in, or lien upon, the prop- 
 erty affected by this action, or any part thereof." By the state- 
 ments of fact contained in said report of title, or by separate 
 accompanying affidavits, or by any other additional evidence, i£ 
 necessary, stating the facts, or by any or all of these, sufficient 
 facts must be shown to satisfy the court that all owners and 
 
§ 380 EEGISTEEING TITLE TO PROPEKTY. 23 
 
 claimants of tke property souglit to be registered, or of any right 
 or interest in or lien upon the same or any part thereof, who could 
 he found by diligent inquiry are duly and specifically named and 
 made parties to the action. The question of the sufficiency of the 
 proof that all such owners and claimants who could be found by 
 diligent inquiry are duly and specifically named and made parties 
 to the action shall be for the court; its decision that such proof 
 is sufficient shall be shown by its making the order for the service 
 of the summons and the commencement of the action as prescribed 
 in this article, and such decision or order shall not be drawn in 
 question after six months from the time when the final judgment 
 in the action is entered. There shall be filed, with said report of 
 title, the abstract of title made or used by the official examiner. 
 The examiner's report of title shall contain a short form of de- 
 scription of the property, the title to which is sought to be regis- 
 tered, which form is to be used in the notice to accompany and 
 be served with the summons, as provided by section three hundred 
 and eighty-six of this chapter. The court shall approve of such 
 form before it is used in said notice and such approval shall be 
 shown by the making of the order for the service of the summons 
 and notice. Said examiner's report shall contain, or be accom- 
 panied by, any other or further information that the court may 
 prescribe. The first part of said report shall be a summary of 
 the results thereby shown, which summary shall briefly set forth 
 the exact state of the title to said property. Said report shall be 
 substantially in the form set out in section four hundred and 
 thirty-four of this chapter, with such additions or modifications 
 as the court may order. The examiner of title may receive in 
 evidence and may base his report upon any official search or 
 abstract or any search or abstract issued in regular course of 
 business by any corporation duly organized under and by virtue 
 of the laws of this state and by said laws duly authorized to 
 make and to certify to searches, and abstracts of title or to guar- 
 antee or insure titles to real property in this state. It shall be 
 the duty of any public official forthwith to certify the returns of 
 any search upon the requisitiion of any official examiner of title. 
 
24 EEAL PEOPERTY LAW. § 381 
 
 Where the title to the premises sought to he registered is in whole 
 or in part the same as that of another parcel of land title to which 
 has been registered, reference to the earlier abstract on file in the 
 county in which the complaint is filed may be made by the official 
 examiner in place of duplicating the matters therein contained. 
 Reference to official searches duly filed in the county in which the 
 complaint is filed may be made by the official examiner in place 
 of duplicating the matters therein contained. The papers so re- 
 ferred to shall have the same effect as evidence and proof in the 
 action as said official examiner's report of title, or said searches, 
 as the case may be. Where the complaint seeks registration of 
 a title subject to restrictive covenants or agreements, it shall not 
 be necessary to join as defendants those persons who have or 
 claim rights to enforce such covenants and agreements, but unless 
 such persons are joined as defendants the judgment of registra- 
 tion must direct that title be registered subject to such covenants 
 and agreements. (Amended by L, 1910, ch. 637; L. 1916, eh. 
 547, in effect May 15, 1916.) 
 DeriTation: L. 1908, eh. 444, § 12. 
 
 § 381. Snrvey, map, or plan to be filed. 
 
 There shall be filed with the complaint and annexed thereto 
 as an exhibit and made a part thereof, the survey, map or plan 
 of the land referred to in section three hundred and seventy-nine 
 of this chapter, which shall be made by a competent surveyor 
 approved by the court, and which shall clearly show the exact 
 boundaries of the land and its connection with adjacent lands 
 and any adjoining or neighboring streets and avenues, and the 
 distance from such adjoining or neighboring streets or avenues, 
 and all encroachments, if any, and all other facts which are 
 usually shown' by accurate surveys. If any adjacent land is 
 already registered, the survey so filed with the complaint must 
 properly connect and harmonize with the survey of such previously 
 registered land. There shall be attached to said survey, map., 
 or plan, and filed with it, an affidavit of the surveyor by whom 
 it was made, that it was made by him personally or under hia 
 immediate supervision and direction; that it is a survey, map 
 
§ 382 KEGISTERING TITLE TO PEOPEETY. 25 
 
 or plan of the property described in the official examiner's report 
 of title, and that according to the test of his knowledge and belief 
 said property is included in the boundaries shown on such survey, 
 map or plan, without any encroachments or improper erections, 
 except as follows (stating and describing any encroachments or 
 improper location of buildings, fences or otJier structures). 
 (Amended by L. 1916, ch. 547, in effect May 15, 1916.^ 
 Derivation: L. 1908, ch. 444, § 13. 
 
 § 382. Notice of application and of pendency of actioni 
 
 At the time when the application for registration of any prop- 
 erty is filed, the plaiutiff shall also cause to be filed a notice thereof 
 in the office of the county clerk and registrar of each county where 
 the property is situated, which notice shall be made and filed in 
 the manner prescribed by section sixteen hundred and seventy of 
 the code of civil procedure, and shall be indexed against the names 
 of the plaintiff and all known defendants except the owners of 
 abutting properties, and shall constitute notice of the pendency 
 of the application, and of the action when the same is commenced, 
 and shall be in all other respects the same as a notice of the 
 pendency of an action under sections sixteen hundred and seventy 
 to sixteen hundred and seventy-four inclusive of the code of civil 
 procedure, except that, if the application be dismissed, or the 
 action discontinued, or in any way terminated other than by 
 registration of the title, no order for the cancellation of such notice 
 shall be made by the court until it is duly and fully proved to the 
 court that the provisions of section four hundred and ten of this 
 chapter have been fully complied with and performed. The notice 
 of pendency of action filed with the registrar, as provided in this 
 section, shall also be noted on the " tickler certificate book " as if 
 it were an application, and said notice shall be treated as, and 
 take the place of, the application or complaint in all cases in which 
 this act requires the registrar to deal with the application or com- 
 plaint. In any place, however, where there is a block or lot sys- 
 tem of indexing in' use the said notice shall be indexed according 
 to such system. The notice shall be substantially in the form 
 provided by section three hundred and eighty-six of this chapter. 
 
26 KEAL PKOPEETY LAW. §§ 383, 384 
 
 (Amended by L. 1910, ck 627; L. 1916, ch. 547, in effect May 15, 
 1916.) 
 
 Derivation: L. 1908, ch. 444, § 14. 
 § 383. Filing of cantion. 
 
 Any person claiming to Have any right or interest in or lien 
 upon any real property or any part thereof the title to which has 
 not been registered, may file with the registrar a written notice, to 
 be styled a " caution," that he requires written notice to be given 
 to him of any application for the registration of the title of said 
 real property. In such notice he shall show how he claims title, 
 right, interest or lien, and shall give his own place of residence 
 with street number, if any, and his post-office address, and that of a 
 person (who may be himself or not), upon whom the notice may 
 be served. In case of any application to register said title, service 
 of such notice shall be made within ten days after the application 
 is filed, by mailing said notice securely inclosed in a post-paid 
 wrapper and directed to the person indicated at the place named. 
 A like cautionary notice may be required by the owner of any land, 
 as to the registration of the title of any or all of the land abutting 
 upon his land, with the like proceedings in all respects. There 
 shall be kept by the registrar a locality index of the cautionary 
 notices, in which the same shall be indexed under the name of the 
 street or road upon which the property referred to in the notice 
 abuts, or if it abuts upon none, under the name of the street or 
 road which is nearest to it. In any place, however, where there is 
 a land map dividing the property into numbered blocks, the index 
 shall be made by block numbers; and if any system of indexing 
 by lot numbers is used, the index lot mimbers shall be shown. 
 Such caution shall not be notice, except in an action under this 
 article. (Amended by L. 1910, ch. 627; L. 1916, ch. 547, in 
 effect May 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 15. 
 
 § 384. Agent of nonresident applicant. 
 
 If the applicant is not a resident of the state, £e shall file with 
 his application a paper appointing an agent residing in the state. 
 
§ 385 EEGISTERIISTG TITLE TO PEOPEETY. 27 
 
 giving Ms name in full, place of residence with, street number, if 
 any, and post-office address, and shall thereia agree that the service 
 of any legal process, in proceedings under or growing out of the 
 application, shall be of the same legal effect, if made on the said 
 agent, as if made on the applicant within the state. If the agent 
 dies, or becomes incapacitated, or removes from the state, the 
 applicant shall forthwith make another appointment; and if he 
 fails to do so within a reasonable time, the court may dismiss the 
 application. (Amended, by L. 1916, ch. 647, in effect May 15, 
 1916.) 
 
 BeriTation: L. 1908, ch. 444, § Ig. 
 
 § 385. Commencement of the action. 
 
 On the complaint and all the other papers and Hocuments filed 
 in the making of the application for registration, the court shall 
 determine whether or not the plaintiff appears to have a title that 
 should be registered. For the purpose of arriving at such deter- 
 mination, the court may require a further examination of the title, 
 to be made by the examiner who made the report, or by another 
 official examiner, and it may also require a further or amended 
 eurvey, or report, or additional affidavits, or any other proper 
 evidence or proof. In all proceedings subsequent to the determina- 
 tion by the court that the plaintiff appears to have a title that 
 should be registered, the allegations and statements of the exam- 
 iner's report of title, and of his abstract and searches, and in the 
 survey, shall be prima facie and presumptive evidence of the facts 
 so alleged and stated, and if any defendant controverts any allega- 
 tion or statement contained in said report of title, abstract, or 
 searches, or survey, the facts controverting such allegation or state- 
 ment must be specifically pleaded and set forth in the answer 
 separate and apart from the denials and allegations answering the 
 complaint, and except as in this section otherwise provided must be 
 established affirmatively by the defendant pleading or setting forth 
 the same. The court may require, at any time, any amendment or 
 modification of said official examiner's report, or any further or 
 amended survey or report, or any additional evidence or proof that 
 may be necessary or proper. All the allegations and statements in 
 
28 EEAL PEOPEETY LAW. § 385 
 
 said report, abstract, searches and survey stall be taken and con- 
 strued as statements of fact, unless they are expressly declared 
 therein to be conclusions or opinions. Where a party has conti:o- 
 verted in his pleading specifically an allegation or statement con- 
 tained in said report of title, abstract, searches or survey, any party 
 "who has appeared in person, or by attorney or counsel at the trial 
 may require that the ordinary rules of evidence and proof, unaf- 
 fected by this section, shall apply to the matters so controverted. 
 
 When the court is satisfied that the plaintiff appears to have 
 a title that should be registered, it shall make an order directing 
 that the action to register such title be commenced by the issuance 
 of the summons, and the service of the summons and the notice 
 required by section three hundred and eighty-six of this chapter. 
 It shall be the duty of the court to make such order whenever it is 
 satisfied that the plaintiff appears to have a title which is, or after 
 proper proceedings in the action can be made free from reasonable 
 doubt ; and otherwise it shall be its duty to refuse to make such 
 order. No omission or defect in any order directing an 
 action to register a title to be commenced, or in the papers or 
 proceedings upon or in which such order is made, shall deprive 
 the court of jurisdiction to make such order, or of jurisdiction 
 in the action, or in any way affect the court's jurisdiction. 
 The summons shall name as defendants the persons so named 
 in the title of the action as set forth in the order directing the 
 commencement of the action and shall be made and have the 
 form, and it and said notice shall be served in the manner pre- 
 scribed by the code of civil procedure for a summons in an 
 action in the supreme court ; except that, when service is directed 
 io be m.ade by publication, it shall be ordered to be made in only 
 one newspaper designated by the court once a week for four suc- 
 cessive weeks, and such service so made shall be complete at the 
 end of twenty-eight days from and including the day of the first 
 publication; and except further that any defendant on whom 
 personal service is made without the state pursuant to such an 
 order shall appear, answer, or demur within twenty-eight days 
 after such personal service; and except further that an order for 
 service of the summons and said notice shall be a court order. 
 
§ 385 EEGISTEEING TITLE TO PEOPERTY. 29 
 
 and tke summons served pursuant thereto need not be accom- 
 panied by any notice except that prescribed and required by sec- 
 tion three hundred and eighty-six of this chapter; and except 
 further as otherwise provided herein. Before making an order 
 for service of the summons and said notice by publication or 
 other form of substituted service, the court must be satisfied by 
 proof of the facts that the plaintiff has been or will be unable, 
 with due diligence, to make personal service of the summons. 
 The question of the sufficiency of such proof shall be for the 
 court; and an allegation, in an affidavit or other duly verified 
 statement recited in said order, that the plaintiff has been or will 
 be unable with due diligence to make personal service of the 
 summons, or that after diligent inquiry a defendant remains 
 unknown to the plaintiff or that the plaintiff is unable to ascer- 
 tain whether the defendant is or is not a resident of the state, 
 or that the plaintiff cannot, vrith reasonable diligence, ascertain 
 a place or places where the defendant would probably receive 
 matter transmitted through the post-office, may be taken to b© 
 sufficient proof thereof. An order containing such a recital, and 
 made on such proof, shall not be drawn in question after six 
 months from the time when the final judgment in the action is en- 
 tered. The summons and such notice, the complaint, the official 
 examiner's report of title and the abstract shall be served on the 
 people of the state of New York ; and such service may be made 
 by mailing a copy of such summons and notice together with a 
 copy of the complaint and of the official examiner's report of title 
 and abstract securely inclosed in a postpaid wrapper and directed 
 to the attorney-general of the state of New York. Upon and. 
 after the issuance of the summons, the court's jurisdiction shall 
 be the same as in an action in the supreme court in which no order 
 for the commencement of the action is required; and the action- 
 shall be governed by, and shall proceed according to, the laws of 
 this state and the rules of court, relative to such an action, as far 
 as the same are not expressly abrogated or modified by this article. 
 (Amended by L. 1910, ch. 627; L. 1916, cL 647, in effect May 
 15, 1916.) 
 
 DerlTstlon: L. 1908, oh. 444, § 17. 
 
30 EEAL PROPERTY LAW. §§ 386-388 
 
 § 386. Notice of object of action; copy of complaint. 
 
 The summons, however served, shall be accompanied by a notice 
 of object of action, vrhich shall state the object of the action and 
 describe briefly, but plainly, the property, the title to which is 
 sought to be registered. Said notice shall be approved by the 
 court, and a copy thereof shall be annexed to the order directing 
 the service of the summons and said notice. Said notice shall be 
 substantially as follows : " The object of this action is to register 
 and confirm the title of (name or names and place of residence 
 with street number, if any, and post-office address of plaintiff in 
 full) in the following described property (description as approved 
 by the court)." A copy of the complaint, but not of the official 
 examiner's report of title or abstract or other papers filed with 
 the complaint and application, may be demanded by the attorney 
 of any defendant, and if so demanded must be served, as prescribed 
 by the code of civil procedure. (Amended by L. 1910, cli. 627 ; 
 L. 1916, ch. 547, in effect May 15, 1916.) 
 
 DeriTatlon: L. 1908, oh. 444, § 18. 
 
 § 387. Summons and notice to be posted on the land. 
 
 A copy of the summons and notice of object of action, as above 
 described, shall be posted in a conspicuous place on each parcel of 
 land included in the action, at least forty days before application 
 is made for judgment in the action. The affidavit of the person by 
 whom such posting is made shall be proof that suck notice wasi 
 posted in a conspicuous place, and shall be filed with the application 
 for the judgment or before the judgment is entered. (Amended 
 by L. 1910, ch. 627, in effect June 23', 1910.) 
 Derivation: L. 1908, eh. 444, § 19. 
 
 § 388. Guardian ad litem. 
 
 In every action to register title, the court shall mate* an order 
 appointing a disinterested attorney, other than the official examiner 
 by whom the title was examined and reported and certified, to act 
 as guardian ad litem for all minor parties to the action and for all 
 other parties under disability. The application for the appoint- 
 ment of said guardian may be made by the plaintiff ex parte at 
 any time after the time to answer of such of the defendants as are 
 
§ 389 REGISTEEING TITLE TO PEOPERTY. 31 
 
 served personally has expired, and the service of the summons upon 
 such of the defendants as are not served personally within this state 
 is complete. The guardian ad litem thus appointed upon the appli- 
 cation of the plaintiff shall be the attorney-general of the state of 
 'New York, unless it appears to the court that the state of New- 
 York has or claims some interest adverse to that of the person 
 or persons for whom the attorney-general would thus be appointed 
 guardian ad litem. The question as to the existence of such 
 adverse claim or interest shall be for the court; and an order 
 appointing the attorney-general as such guardian ad litem shall 
 be sufficient proof that no such adverse claim or -interest exists. 
 Such an order shall not be drawn in question after six months 
 from the time when the final judgment in action is entered. It 
 shall be the duty of any such guardian ad litem actively to ascer- 
 tain and protect as far as is reasonably possible, the interests of 
 all minor parties to the action and all other parties under dis- 
 ability. The compensation of such guardian shall be fifteen dol- 
 lars, unless the court direct otherwise; but the attorney-general 
 shall not receive any compensation for acting as such guardian ad 
 litem. Any other guardian ad litem may also be appointed in the 
 manner set forth in the code of civil procedure for any of the 
 defendants who are infants or persons incapacitated. (Former 
 § 388 repealed and new § 388 inserted by L. 1910, ck 627; 
 amended by L. 1916, ch. 547, in effect May 15, 1916.) 
 Derivation: L. 1908, oh. 444, § 20. 
 
 § 389. Any person interested may appear and defend. 
 
 Any person interested in the property, or whose interests may 
 be affected by the judgment in the action, whether specifically 
 named as defendant or not, may enter his appearance and answer 
 the complaint, within the time allowed by this article, or such fur- 
 ther time as shall be allowed by the court, and may oppose the ap- 
 plication for registration of the property as belonging to the plain- 
 tiff, or set up a cross-demand to have the title registered in his 
 own behalf. In either case, he shall state particularly what his 
 interest is and answer the material allegations of the complaint. 
 
 DeHvation: L. 1908, ch. 444, § 21. 
 
32 EEAL PEOPERTY LAW. § 390 
 
 § 390> Title in lands Tested; clouds thereon removed. 
 
 In any action under ttis article, the court may find and decree 
 in whom the title to or any right or interest in the property or any 
 part thereof is vested, whether in the plaintiff or in any other 
 person, and may remove clouds from the title, and may determine 
 whether or not the same is subject to any lien or incumbrance, 
 estate, right, trust or interest, and may declare and fix the same, 
 and may direct the registrar to register such title, right, or interest, 
 and in case the same is subject to any lien, incumbrance, estate, 
 trust or interest, may give directions as to the manner and order 
 in which the same shall appear upon the certificate of title to be 
 issued by the registrar, and generally in such an action, the court 
 may make any and all such orders and directions as shall be 
 according to equity in the premises and in conformity to the 
 principles of this article. But no judgment of registration of a 
 title shall be made or entered until proof is duly made in the 
 action by the report of an official examiner and by the certificate 
 or receipt of the officer entitled to collect the taxes, assessments or 
 water rents, and all taxes, water rents and assessments on the 
 property, right or interest the title to which is so registered, have 
 been fully paid and discharged, unless the court directs the title 
 to be registered subject to any such tax, water rent or assessment, 
 which said tax, water rent or assessment must then be noted on the 
 certificate of title. Where the title to be registered is subject to 
 restrictive covenants or agreements, and it shall appear to the 
 court either that said restrictive aovenants or agreements have 
 been violated or that by reason of the proper parties not having 
 been joined the court should not proceed to determine whether said 
 restrictive covenants or agreements have or have not been violated, 
 then in either case title may nevertheless be registered; but the 
 judgment of registration must direct the registration to be " sub- 
 ject to any question as to whether covenants (specifying them) 
 have been violated," and the certificate of title shall so note ; and 
 then the rights in respect to such covenants of any person interested 
 therein shall not be affected by such judgment or registration. 
 When the land the title to which is to be registered abuts upon any 
 street, avenue, road or way the judgment of registration may pro- 
 
§§ 391, 392 KEGISTEEIJSTG TITLE TO PROPEKTY. 33 
 
 vide for the registration of tihe applicant's intoresta or rights in 
 and to such street, avenue, road or Vfay ; but if such judgment fail 
 so to provide, then the interests or rights of the applicant in such 
 street, avenue, road or way shall become and be parcel of or appur- 
 tenant to the property registered, and shall be included in any 
 conveyance of or incumbrance or lien upon such registered prop- 
 erty, unless it is expressly reserved in or excepted from such con- 
 veyance, incumbrance or lien. Such express reservation or excep- 
 tion shall be effected only by a clause directly reserving or except- 
 ing such interests or rights in such street, avenue, road or way 
 and shall not be implied from the language used in any description 
 of the regis'tered property subsequent to the initial registration 
 thereof. (Amended by L. 1910, ch. 627; L. 1916, oh. 547, in 
 effect M;ay 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 22. 
 
 § 391. Judgments and orders conclusive. 
 
 No judgment of registration shall be made, unless the court is 
 satisfied that the title to be registered accordingly is. free from 
 reasonable doubt. The judgment and any order made and entered 
 in an action under this act shall, except as herein otherwise pro- 
 vided, be forever binding and conclusive upon the state of ISTew 
 York and all persons in the world, whethetr mentioned and served 
 with the summons and said notice specifically by name, or in- 
 cluded in the description^ " all other persons, if any, having any 
 right or interest in, or Tien upon, the property affected by this 
 action, or any part thereof." It shall not be an exception to such 
 conclusiveness that any such person is an infant, lunatic or is 
 under any other disability or is not yet in being. (Amended by 
 L. 1910, ch. 627, in effect June 23, 1910.) 
 Derivation: L. 1908, oh. 444, § 23. 
 
 § 392. Fraud; action to set aside the judgment or to recover the 
 property. 
 
 Any title registration procured by or as the result of fraud may 
 be set aside, in the same manner and by the same proceedings as 
 in case of a deed obtained by fraud, provided tibat such proceeding 
 for setting aside the registration shall not injuriously affect the 
 
34 KEAL PROPEETY LAW. §§ 393, 894 
 
 rights of an innooent purchiaser or incumbrancer of the property 
 after such registration, for value and without actual notice of the 
 fraud, and provided further that the action or other proceeding to 
 set aside such registration be commenced within ten years from 
 the 'time when the final judgment of registration was entered. No 
 action or proceeding shall lie or be commenced^ except on the 
 ground of fraud as above stated, to set aside any judgment of regis- 
 tration or to modify or affect the same or for the recovery of 
 registered property or any estate, right or interest in or lien upon 
 the same or any part thereof, or make any entry thereon, adversely 
 to the title or interest registered therein, as directed by a final 
 judgment of the court, unless such action or proceeding is com- 
 menced within six months after such judgment of registration is 
 entered. 
 Derivation: L. 1908, ch. 444, § 24, 
 
 § 393. Begistration of title. 
 
 Upon entering final judgment, a judgment roll must be prepared 
 and filed in the office of the clerk, as provided by the code of civil 
 procedure. The clerk upon payment of a fee of one dollar shall 
 cause a copy of said judgment to be certified and transferred to the 
 " registrar " of his county, who shall forthwith file the same in his 
 office. After the certified copy of the final judgment directing 
 registration of title is duly filed in the registrar's office, the regis- 
 trar shall proceed to register the title to the real property, estate, 
 right, or interest, pursuant thereto, and issue a certificate or certifi- 
 cates thereof land enter the same as herein prescribed. (Amended 
 by L. 1910, ch. 627; L. 1916, cL 547, in effect May 15, 1916.)^ 
 
 Derivation: L. 1908, oh. 444, § 25. 
 
 § 394. Certificate of title. 
 
 The registrar shall m'ake, in tHe form prescribed by section four 
 hundred and thirty-five of this chapter, an original certificate of 
 title of every title, right or interest registered by him pursuant to 
 this article. Said certificate shall bear the date of its issue (the 
 day and year), and be under the hand and official seal of the regis- 
 trar, and be numbered in the ordier of its issue. Except in case of a 
 
§ 395 EEGISTEEING TITLE TO PROPEETY. 35 
 
 corporation, it sLall state whetlier tte owner of tHe property, right, 
 or interest registered is married or nnmarried, and if married, 
 the name of the husband or wife. If the owner is a minor, it shall 
 state his age ; if he is under any other disability, it shall state the 
 nature of such disability. The registrar shall make proper memo- 
 rials or notations on the certificate, showing in isuch manner as to 
 set forth and preserve their priorities, the particulars of all the 
 estates, mortgages, trusts, liens and charges, to which such owner's 
 title is subject. 'No such memorial or notation shall be more than 
 one folio (one hundred words), in length; but it may refer to 
 covenants, restrictions, trusts and forms recorded in the " book of 
 covenants, restrictions, trusts and forms " provided for by this 
 article. The form of the first certificate of title, as set forth in 
 section four hundred and thirty-five of this article, shall be subject 
 to such changes as may be required in any case. All subsequent 
 certificates shall be in like form, except that in place of the words 
 " first certificate," et cetera, shall be the words " transfer from 
 number " (the number of the next previous certifi- 
 cate) ; also the words " first registered' " (date of first 
 
 registration). On the back or reverse side of every certificate 
 shall be printed, in plain legible type, the whole of section four 
 hundred of this chapter. (Amended by L. 1916, ch. 547, in effect 
 May 15, 1916.) 
 
 Derivation: L. 1908, oH. 444, § 26, 
 
 § 395. Title boob. 
 
 The regi^rar shall keep a book or books to be known respectively 
 as the " title book," wherein he shall enter all first and subsequent 
 " original " certificates of title by binding or recording them 
 therein, with appropriate blanks for the entry of memorials and 
 natations prescribed by this article. Said book shall be of about 
 the size of the conveyance libers, now used in county clerks' and 
 registers' offices. Each certificate shall constitute a separate leaf 
 of such book. About two inches of each leaf on the binding edge 
 shall be kept blank on both sides, to facilitate rebinding. At such 
 times as may be proper, the registrar may rebind the certificates 
 
36 KEAL PEOPEETY LAW. §§ 396-398 
 
 in new volumes or title books, containing respectively cancelled 
 and uncancelled certificates. All memorials and notations, that 
 may be entered in tbe title book under tbe terms of this article, 
 sball be entered upon the leaf constituting the last certificate of 
 title of the property to which they relate. Whenever the term 
 " certificate of title " is used in this article it shall be deemed as 
 including all memorials or notations thereupon noted. (Amended 
 by L. 1916, ch. 547, in effect May 15, 1916.) 
 
 Derivation: L. 1908, ch. 444, § 27. 
 
 § 396. Dnplicate certificate of title. 
 
 The registrar shall, at the same time that he makes out hia 
 original certificate of title, make out an exact duplicate thereof, 
 with the memorials and notations thereon noted, which shall be 
 delivered to the owner and shall be known as the owner's duplicate. 
 Any duplicate certificate, or certified copy of a certificate, shall be 
 plainly stamped as such across its face. 
 
 Derivation: L. 1908, ch. 444, § 28. 
 
 § 397. Owner's receipt for certificate of title. 
 
 For the purpose of preserving evidence of the handwriting of 
 the owner of any registered property, right, or interest, it shall be 
 the duty of the registrar to take from such owner, in every case 
 where it is practicable so to do, his receipt for the cretificate of 
 title or whatever paper shall be issued to him, signed by such owner' 
 in person. When such receipt is signed in the registrar's office it 
 may be vntnessed by the registrar or some deputy. If signed 
 elsewhere, it may be acknowledged before lany officer authorized 
 to take acknowledgment of deeds. When so signed and witnessed 
 or acknowledged, such receipt shall be prima facie evidence of the 
 genuineness of such signature. 
 
 Derivation: L. 1908, ch. 444, § 29. 
 
 § 398. Certificate to include dealings pending registration. 
 
 In every case of initial registration, the certificate of title shall 
 include all dealings with the real property, and all statutory or 
 other liens filed against the same, subsequent to the filing of the 
 application, except when they are modified or set aside by a judg^ 
 
§§ 399, 400 EEGISTEEIJsTG TITLE TO PEOPEKTY. 37 
 
 ment, decree or order of the court. On 'and after the filing with 
 the registrar of the notice of application for the registration of 
 any real property, and until the same is registered, or the appli- 
 cation is denied, dismissed, or discontinued, all papers which are 
 required or permitted by this article to be filed against registered 
 property, except the papers in the action, shall be filed with the 
 registrar as if the property were registered. (Amended by L. 
 1910, ch. 627, in effect June 23, 1910.) 
 
 Derivation: L. 1908, oil. 444, § 30. 
 
 § 399. Certificate of title as evidence. 
 
 The certificate of title, and any copy thereof duly certified under 
 the hand and seal of the registrar and the owner's duplicate certifi- 
 cate, until the expiration of the time herein limited to bring an 
 action or proceeding to set aside the judgment of registration shall 
 be received as evidence in all the courts of the state, -and in all 
 courts and places shall be prima facie evidence that the provisions 
 of law np to the time of issue of such certificate or duplicate, or 
 of the time of entry of the last memorial thereon, have been com- 
 plied withi, an'd that such certificate of title has been issued in 
 compliance with a valid judgment, and that the title to the prop- 
 erty is as therein stated; and after the expiration of such time 
 limited for bringing said proceedings to set aside said judgment, 
 such certificate or copy, up to the time of its issue, shall be so 
 received as evidence in all courts of the state, and shall be con- 
 clusive evidence of the same facts. Every memorial or notation 
 or cancellation thereof made on any certificate or duplicate or copy 
 thereof shall be signed by the registrar or his deputy or his duly 
 authorized deputy or clerk. ('Amended by L. 1916, ch. 547, in 
 effect May 15, 1916.) 
 
 BerlTation: L. 1908, oh. 444, § 31. 
 
 ( 
 § 400. Rights of owners of registered property; exceptions; incnm> 
 brances and transfers to be filed. 
 
 A person who receives a certificate of title pursuant to a judg- 
 ment of registration, except in case of fraud to which he is a party, 
 and a purchaser of registered real property, who takes a certificate 
 of title for value and in good faith, shall hold the same free from 
 
38 KEAL PROPERTY LAW. §§ 401, 402 
 
 all incTimbrances, charges, trusts, liens and transfers, except those 
 noted on the certificate in the registrar's office, and any of the 
 following which may exist : 
 
 First. Liens, claims, or rights arising or existing under the 
 laws or constitution of the United States, which the statutes of 
 this state do not require to appear of record ; 
 
 Second. Any tax, water rate, or assessment which becomes a 
 lien on the property after initial registration and for which a sale 
 k'as not been made ; 
 
 Third, Any lease or agreement for a lease, made after or pend- 
 ing registration, for a period not exceeding one year, where there 
 is actual occupation of the land under the lease or agreement ; 
 
 Fourth. Easements or servitudes which accrue against the 
 property after initial registration in such mianner as not to require 
 their registration. 
 
 Except as specified in the foregoing statement of exceptions, no 
 incumbrance, charge, trust, lien, or transfer shall take effect upon 
 or over real property the title to which has been registered, unless 
 the instrument creating and setting forth such incumbrance, charge, 
 trust, lien, or transfer has been filed with the registrar and a 
 memorial or notation thereof made upon the certificate of title 
 covering the property. (Amended by L. 1916, ch. 547, in effect 
 May 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 32. 
 
 g 401. Registered property not afPected by prescription or adverse 
 possession. 
 
 No title to registered real property, in derogation of that of the 
 
 registered owner, shall be acquired by prescription or adverse 
 
 possession. 
 
 Deriratlon: L. 1908, oh. 444, § 33, 
 
 § 402. Frand; notice only by registration. 
 
 Except ia case of fraud and except also as herein: otherwise 
 provided, no person taking a transfer of any registered real prop- 
 erty or of any estate or interest therein or lien or charge thereon 
 from the registered owner shall be required to inquire into the cir- 
 cumstances under which, or the consideration for which such owner 
 
§§ 403-405 EEGISTEEING TITLE TO PEOPEKTY. 39 
 
 or any previously registered owner had the title registered, nor 
 shall such transferee be affected with notice, actual or constructive, 
 of any unregistered trust, lien, claim, demand or interest whatever ; 
 and the knowledge that 'an unregistered trust, lien, claim, demand 
 or interest is in existence shall not of itself be imputed or treated 
 as fraud. 
 
 DeriTatlon: L. 1908, oh. 444, § 34. 
 
 § 403. Memorial to be carried forward. 
 
 Whenever a memorial or notation has been entered as permitted 
 by this article, the registrar shall carry the same forward upon all 
 certificates of title until the same is cancelled in some manner 
 authorized by this article. 
 
 Derivation: L. 1908, oh. 444, § 35, 
 
 § 404. Registered property to remain registered. 
 
 The bringing of property under this article shall imply an agree- 
 ment, running with the land 'and binding upon the applicant and 
 all his successors in interest or title, that the property shall be 
 subject to the terms of this article, and all amendments and alter- 
 ations thereof, and all dealings with the property so registered, or 
 any estate, right or interest therein:, after the same has been brought 
 under this article, and all liensy incumbrances and charges upon the 
 same ufter the first registration thereof shall be subject to the 
 terms of this article. (Former § 404 repealed and new § 404 
 inserted by L. 1910, eh. 627; amended by L. 1916, ch. 547, in 
 effect May 15, 1916.) 
 
 DeriTatlon: L. 1908, oh. 444, § 36. 
 
 § 405. Registered property subject to same rights and burdens as 
 unregistered property. 
 
 Eegistered real property and every estate, right and interest 
 
 therein shall be in all respects subject to the same rights, burdens 
 
 and incidents as unregistered real property, except as otherwise 
 
 expressly provided in this article or any amendment thereof. 
 
 Derivation: L. 1908, oh. 444, § 37. 
 
40 EEAL PEOPERTY LAW. §§ 406, 407 
 
 § 406. Transfers of registered property. 
 
 A registered owner of real property, in order to tranfifer his 
 whole estate or interest therein or any part of parcel thereof, or 
 any undivided interest therein shall execute to the intended trans- 
 feree a deed or instrument of conveyance in any form authorized 
 by law. Upon filing such deed or other instrument in the regis- 
 trar's office and surrendering to the registrar the duplicate cer- 
 tificate of title, if the interested parties agree in a statement as to 
 the nature and effect of the transfer the registrar shall enter such 
 statement as a memorial upon the proper original certificate, 
 provided that such statement is not more than one folio (one hun- 
 dred words) in length. He shall then make out and register as 
 herein provided a new certificate and also an owner's duplicate 
 certifying the title to the estate or interest in the property con- 
 veyed to the transferee and shall enter upon the original and dupli- 
 cate certificate the date of the transfer, the name of the transferee 
 and the number of the new certificate, and shall stamp across the 
 original and surrendered duplicate certificates the word "can- 
 celled." If the parties in interest fail to agree upon the state- 
 ment to bei entered upon the certificates, the registrar shall refuse 
 to make the transfer until directed by the court as herein provided. 
 Title to such property shall not pass by such transfer until the 
 transfer is registered as prescribed by this section. Any instru- 
 ment of transfer or mortgage of an estate in fee simple in regis- 
 tered property shall contain an express statement, after the de- 
 scription of the grantor or grantors, mortgagor or mortgagors, as 
 to whether or not such party or parties are married or unmarried ; 
 and no instrument of transfer or mortgage which does not contain 
 such statement shall be registered. (Amended by L. 1910, ch. 
 627, in effect June 23, 1910.) 
 Derivation: L. 1908, oh. 444, § 38. 
 
 § 407. Certificate as to part of property remaining after transfer. 
 
 When only a part of the property described in a certificate is 
 transferred, or some estate or interest therein is to remain the 
 transferrer's, a new certificate shall be issued for such part, estate 
 
§§ 408, 409 EEOISTEEIXG TITLE TO PEOPEETY. 41 
 
 or interest so remiaining and belonging to him ; or if the property 
 is so described as to permit it, the property transferred may be 
 cancelled on the certificate of the transferrer without the issiie of 
 a new certificate for the residtie." [(^Amended by L. 1916, ch. 547, 
 in effect May 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 39^ 
 
 § iOS. Book of covenants, restrictions, trusts and forms. 
 
 Each registrar shall provide a book to be known as the book of 
 covenants, restrictions, trusts and forms. This book shall be bound 
 in a substantial mianner and the pages thereof shall be Crane's 
 parchment paper or its equal. Any person may have recorded 
 in this book any covenant, restriction, trust or form he may pre- 
 sent for that purpose on payment to the registrar at the rate of 
 fifty cents per folio. The covenant, restriction, trust and form 
 60 entered shall be numbered consecutively and shall be written 
 or typewritten in the book with India ink or other permanent 
 ink in a clear and legible manner under the number given: to it. 
 Eeferences in :aiiy documents issued' by the registrar to any cove- 
 nant, restriction, trust or form recorded in this manner shall be 
 as follows: 
 
 Subject to restriction, (or covenant, trust or form) recorded 
 
 under number in the book of covenants, restrictions;, trusts 
 
 and forms, in the registrar's oflSce of this county. (Amended by 
 L. 1916, ch. 547, in effect May 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 40, 
 
 § 409. Filing, entering and indexing papers pnrsnant to this act; 
 tickler certificate. 
 
 Every paper filed with the registrar 'shall be given a serial num- 
 ber in the order of its filiug, and then shall be entered by the 
 registrar in an " entry book " under columns showing : 
 
 First. The serial number ; 
 
 Second. Day of filing ; 
 
 Third. Filing number of application (complaint) to which it 
 relates if the registration proceedings are still pending ; 
 
 Fourth. Certificate number, if registration proceedings are 
 completed and certificate has been issued ; 
 
42 
 
 EEAL PKOPEETY LAW. 
 
 § 409 
 
 Fif tk. Kind of paper filed ; 
 
 Sixth. Name, place of residence witJi street number, if any, 
 and post-office address of tlie person in -whose interest the paper 
 is filed. 
 
 Every paper filed with the registrar affecting property for which 
 registration proceedings are pending shall be kept by the registrar 
 with the application. The registrar shall provide a book to be 
 known as " the tickler certificate book " wherein he shall note all 
 filed papers affecting property for which registration proceedings 
 are pending. Each page shall constitute a separate tickler certifi- 
 cate, and on said certificate he shall enter the character of the 
 paper, the date of filing and the filing number. The tickler oer^ 
 tificate, subject to such ohange 'as the case may require, shall be 
 substantially as follows : 
 Application number. 
 
 This certifies that the following papers have been filed in the 
 office of the registrar of county affecting, or in con- 
 nection with an action to register the title to the following de- 
 scribed real property, to wit : 
 
 (Thfe description to appear here.) 
 
 Character of paper. 
 
 Filing number. 
 
§ 409 EEGISTEEING TITLE TO PEOPEETY. 43 
 
 A memorial of every paper filed with the registrar affecting 
 title to registered property shall be entered at once upon the last 
 original certificate to which it relates. Every paper filed with 
 the registrao" affecting the title to property shall be indexed from 
 its contents as follows : In an index showing in alphabetical order 
 in one column or in a set of columns the names, places of residence 
 with street numbers, if any, and post-office addresses of all persons 
 in whose interest applications for registration of title are filed; 
 the names, places of residence with street numbers, if any, and 
 post-office addresses of all persons to whom' any interest, right, 
 or power in real property is granted or released; iand the names, 
 places of residence with street numbers, if any, and postroffioe 
 addresses of all persons claiming an interest in real property ; .also, 
 in separate columns the kinds of papers filed, the numbers of the 
 filed papers, the dates of filing, the filing numbers of application 
 to which they relate (if application is peoiding) and the numbers 
 of the last original certificate to which they relate (if the title to 
 the property is registered). Whenever a judgment or an order 
 of court directs that the title to real property be registered, it 
 ehall also direct the registrar to transfer all proper liens and 
 incumbrances filed against the property pending registration to 
 the certificate of title so to be issued. In those counties which 
 have block indexes, an index shall be kept by blocks of all owners 
 of registered property with a reference to the certificate numbers 
 in which the properties are registered. The registrar shall also 
 keep an indtex of all properties registered under this article in 
 which such registered properties shall be indexed according to a 
 brief description thereof. In any place, however, where there is 
 an official land map showing a division into blocks^ such index 
 shall be made according to block numbers; and if a system of 
 indexing by lot numbers is used, the index lot numbers shall be 
 shown. Such index shall also give the number of the certificate 
 of title of such properties. (Amended by L. 1916, ck. 647, in 
 effect May 15, 1916.) 
 
 Derivation: L, 1908, oh. 444, § 41, 
 
44 ^ EEAL PEOPEETY LAW. §§ 410-413 
 
 § 410. Notice of filed papers. 
 
 All papers filed by the registrar, and indexed and entered by 
 him pursuant to this article, shall be of equal effect as to notice, 
 in the order of their filing as shown by their filing numbers, as 
 are similar papers when recorded by county clerks or registers 
 imder the recording acts. Should an action for r^istration be 
 discontinued or otherwise terminated without registration, an order 
 of court to that effect shall be filed with the registrar, who shall at 
 once cause lall the papers relating to the title to the property 
 affected, filed with him, except the notice of application and said 
 order, to be recorded or filed, and indexed, by the county clerk or 
 register (as the case requires) in the order of their filing, on pay- 
 ment of the statutory feesL (Amended by L. 1910, ch. 627, in 
 effect June 23, 1910.) 
 
 DerlTation: L. 1908, oh. 444, § 42, 
 
 § 411. Addresses of interested parties; notice. 
 
 On every paper or instrument filed with the registrar tEere shall 
 be indorsed the name, place of residence with street number, if 
 any, and poet-office address of the person in whose behalf it is filed. 
 The address may be changed from time to time, by such' person 
 filing with the registrar a written' notice of suck' change. (Amended 
 by L. 1916, ch. 547, in effect May 15, 1916.^ 
 
 DeriTOtion: L. 1908, oh. 444, § 43. 
 
 § 412. Whem a transfer is deemed to be registered. 
 
 Every ■transfer of regi'stered property shall be deemed to be 
 registered under this article when the new certificate to the trans- 
 feree shall ha'TO been entered as in the case of first registration; 
 and all other dealings shall be considered as registered when the 
 memorial or notation shall have been entered in the title book upon 
 the last certificate of title to the property. (Amended by L. 1916, 
 ch, 547, in effect May 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 44. 
 § 413. New certificates of title. 
 
 Upon the application of any owner of registered property Held 
 imder one or more certificates of title and delivering up of such 
 
§§ 414-416 EEGISTEEI^TQ TITLE TO PKOPEETY. 45 
 
 certificate or certificates, the registrar shall issue to such owner, at 
 his option, separate certificates, each for a portion of such property 
 in accordance with such application; and upon issuing any such 
 certificate of title, said registrar shall indorse on the last previous 
 certificate of such property so delivered up a memorial setting 
 forth the occasion of the oanoelktion thereof and referring to the 
 number or numbers of the mew certificates of title so issued. 
 (Amended by L. 1916, oh, 547, in effect May 15, 1916.)^ 
 
 DerlTatlon: L. 1908, oh. 444, § 45. 
 
 § 414. Loss of owner's duplicate. 
 
 If any duplicate certificate is lost or destroyed or cannot be pro- 
 duced, a duly verified statement, setting forth the facts relating 
 thereto, may bo filed with the registrar by the registered owner, or 
 other person in interest. Upon such application, after due notice 
 iand hearing, the court may direct the registrar to issue a. new 
 duplicate certificate, containing a memorandum of the fact that 
 it is issued in place of a lost duplicate certificate, which shall be 
 entitled to like faith and credit as the original duplicate. 
 
 DeriTation: L, 1908, oh. 444, § 46, 
 
 § 415. Mortgages, leases and otber liens and charges; may be 
 registered. 
 
 [A^ny mortgage, lease for a term of over one year, contract to sell 
 or other instrument intended to create a lien, incumbrance, trust 
 or charge on registered property or any right or interest therein, 
 naay be registered as herein provided. 
 
 Derivation: L. 1908, oh. 444, § 47. 
 
 § 416. Proceedings to register mortgage, lease or other lien or 
 charge. 
 
 On the filing of the instrument in the registrar's office and the 
 production of the dtiplioate certificate of title, if the interested 
 parties agree in a statement as to the nature and effect of the mort- 
 gage, lease or other lien or charge, the register shall enter such 
 statement upon the proper certificate in the title book, provided 
 such statement be not more than one folio (one hundred words) 
 in length, and also he shall enter upon the ownier's certificate 
 
46 HEAL PEOPEETY LAW. § 417 
 
 a memorial thereof and tlie date of filing tke instrument witli 
 a reffirence to its file number, which memorial shall be signed 
 by the registrar who shall deliver to the person filing such inetruj- 
 ment a certified copy of such instrument certified to be the " regis- 
 tration copy." The registrar shall also note upon the instrument 
 filed the number of the certificate on which the memorial is en- 
 tered. If the parties in interest fail to agree upon the memorial 
 BO to be made by the registrar, he shall refuse to make any memo- 
 rial thereof until directed by the court to do so, as herein pro- 
 vided. Any mortgage registered pursuant to this section shall be 
 eubject to the provisions of article eleven of the tax law (being 
 chapter sixty-two of the laws of nineteen hundred and nine), and 
 amendments thereof in the same mianner as if said mortgage were 
 recorded, as provided by section two hundred and fifty-three of said 
 tax law. ;( Amended by L, 1910, ch. 627 ; L. WIQ, cL 547, in 
 effect May 15, 1916.) 
 
 Derivation: L. 1908, oh. 444, § 48, 
 
 § 417. Judgments, decrees, attaoliiueiits and otiier liens to lie noted 
 on certificate. 
 
 No judgment, decree, attachment, execution, mechanic's lien, or 
 other lien or charge, which may affect or be a lien or ch'arge upon 
 real property in this state, shall be or become la lien or charge on 
 real property, or any right or interest therein, the title to which 
 has been registered, unless a transcript, or certified copy, or other 
 duly made or certified document, which is by law proper evidence 
 in a court of record', of such judgment, decree, attachment, me- 
 chanic's lien, or other lien or charge, shall be duly filed with the 
 registrar, and a proper memoriial thereof made by him. upon tkie 
 certificate of title in the title book. Such transcript, or certified! 
 copy, or other duly made or certified document so filed shall have 
 plainly written or stamped thereon the number of the certificate 
 of regi'stration of the title to the property to be affected and bound 
 thereby by virtue of such memorial on such certificate, and it shall 
 be the duty of the registrar to make such memorial immediately on 
 receipt of the same. A dischiarge, cancellation, or modification of 
 any judgment, decree, attachment, mechanic's lien, or other lien or 
 
§§ 418, 419 REGISTEEING TITLE TO PROPEETY. 47 
 
 charge, so noted on the oertificate, shall not affect or be binding 
 upon the registered property, right, or interest, unless on like 
 evidence a memorial thereof shall be made by the registrar on such 
 certificate. (Amended by L. 1916, oh. 547, in. effect May 15, 
 1916.) 
 
 DerlTatlon: L. 1908, oh. 444, § 49, 
 
 § 418. Assignmeiit of mortgage, lease, or other lien or charge. 
 
 The holder of any mortgage, lease, or other lien or charge oni 
 registered property, in order to transfer the same or any part 
 thereof, shall execute an assignment of the whole or any part 
 thereof; and upon such assignment being filed in the office of 
 the registrar, and the production of the registration copy of the 
 instrument, if any, -which created the mortgage, lease or other lien 
 or charge and which is held by the assignor, the registrar shall 
 enter in the title book a memorial of such transfer with a refer- 
 ence to the assignment by its file number ; he shall also note upon 
 the instrument on file in his office intended to be transferred, and 
 upon the registration copy thereof produced, the number of the 
 certificate on which the memorial is entered', with the date of the 
 entry. (Amended by L. 1916, oL 547, in effect May 15, 1916.)' 
 
 Derivation: L. 1908, oh. 444, § 50, 
 
 § 419. Release, diacliarge or surrender of charge or incnmbrance. 
 
 A release, discharge or surrender of a charge or incumbrance, 
 or any part thereof, or of any part of the property charged or 
 incumbered, may be effected in the same way as is above provided: 
 in the case of a transfer. In case only a part of the ohairge or only 
 a part of the property diarged is to be released, discharged or suT' 
 rendered^ the entry shall be made accordingly, but when the whole 
 is released, discharged or surrendered, the registrar shall plainly 
 stamp across the instrument on file, and on the memorial thereof, 
 and on the registration copy produced, the word " cancelled," and 
 shall sign the same. Any tax, water rent or assessmesnt, subject to 
 which the title has been registered and which has been noted on 
 the certificate of title as provided in section) three hundred and! 
 ninety of thisi chapter, may be releaeed^ and discharged in the same 
 
48 EEAL PEOPEKTY LAW. §§ 420, 420-a 
 
 ■way upon a receipt therefor being issued and duly certified by the 
 receiver of taxes or collector of assessments land arrears or otbeo" 
 duly authorized officer, as the case may require, and delivered to 
 the registrar and filed in his ofiice. The receiver of taxes or col- 
 lector of assessments and arrears or such other duly authorized offi- 
 cer, as the case may require, upon demand of any owner of regis- 
 tered property, shall execute, certify and deliver to such owner 
 Buch receipt when any such tax, water rent or assessment has been 
 paid upon such registered property. (Amended by L. 1916, ch. 
 547, in effect May 15, 1916.) 
 
 DeriTatlon: L. 1908, ch. 444, § 51. 
 
 § 420. Enforcement of mortgages, charges, liens and incnmlirancea. 
 
 All charges, liens and incumbrances on registered property, or on 
 any estate, right or interest in the same, and .all rights therein may 
 be enforced as now allowed by law ; and all laws with reference to 
 the foreclosure, release or satisfaction of mortgages shall apply to 
 mortgages on registered property or on ^any estate, right or interest 
 therein, except as herein otherwise provided, and except that until 
 notice of the pendenicy of any suit to enforce such mortgage, charge, 
 lien.', or incumbrance is filed in the registrar's office and a memorial 
 thereof entered on the certificate in the registration book, the pen- 
 dency of such suit shall not be notice to the registrar or to any 
 person dealing with the property or any right or interest therein. 
 
 Derivation! L. 1908, ch. 444, § 52. 
 
 g 420-a. Registration nnder judicial sales. 
 
 Where a judgment or order in any action or proceeding directs 
 or authorizes a siale of real property, the title to which is then a 
 registered title, the officer appointed to conduct such sale shall be 
 -a person who is a duly qualified official examiner of titles, pur- 
 suant to the provisions of this article. It shall be the duty of 
 such officer, prior to the date fixed by him for the sale of such prop- 
 erty, to examine the title thereto in so far as it is laffected by the 
 action or proceeding in which such officer is appointed, and to 
 prepare a report thereon, verified by Hm, stating Ha approval of 
 
§ 421 EEGISTEEING TITLE TO PEOPEETT. 49 
 
 euch title or Ms objections thereto. At least <me week prior to the 
 day fixed for such sale, such ofiicer shall serve a copy of such report 
 on the attorney for the plaintifE, petitioner or applicant in such 
 action or proceeding. Another copy of such report shall be deliv- 
 ered by such officer to the purchaser on such S'ale. If in such re- 
 port such officer approve such title, then unless ten days before the 
 date fixed by the terms of sale for the delivery of the deed the 
 purchaser shall file with the clerk of the court directing such 
 Bale a notice that he intends to refuse toi complete his purchase 
 of such property, the officer shall apply forthwith to such court, 
 without notice, for an order confirming such sale, and giving such 
 directions to the registrar as m.ay be necessary to enable such 
 registrar to issue a due and proper ceo-tificate of title to the pur- 
 chaser. Upon such application, the officer must submit to the 
 court, to be filed with such order, the original of such report 
 together with proof of service thereof upon such attorney and 
 upotu such purchaser, and also his proposed deed for the court's 
 approval; and such approval if obtained shall be noted upon 
 such deed by the court. The fees of such officer as now fixed by 
 law shall be held to be full compen'sation to such officer, and no 
 extra fees shall be allowed him for his services, as official exam- 
 iner under this section. The registrar upon production of a 
 certified copy of the order approving the report of such officer, 
 and upon receiving the deed thus approved by the court, shall 
 register the title in acccrdamce with suchi order. (Added by L. 
 1916, ch. 547, in effect May 15, 1916.) 
 
 § 421. Potirers of attorney to be filed and registered. 
 
 Before any person can! convey, charge, incumber or otherwise 
 deal with any registered property, or any estate, right or interest 
 therein, as attorney in fact for another, the deed or instrument 
 empowering him so to act shall be filed with the registrar and a 
 memorial thereof shall be entered upon the certificate in the titie 
 book, in like manner as in the case of a charge or incumbrance. 
 A revocation of such power of attorney may be registered in like 
 manner 'asi such power of attorney was registered. (Amended by 
 L. 1916, ch. 547, In effect May 15, 1916.) 
 
 DeriTatlon: L. 1908, cih. 444, § 53, 
 
50 EEAL PEOPEETY LAW. §§ 422, 423 
 
 § 422. Reference of doabtfnl matters to the court. 
 
 When the registrar is in doubt, and the parties in interest fail 
 
 to agree as to the proper memorial to he made in the title book 
 
 of any deed, mortgage or other voluntary instrument presented' 
 
 for registration, the questions shall be referred to the court for 
 
 decision, either on the certificate of the registrar stating the 
 
 question, or upon the suggestion in writing of any party or par' 
 
 ties 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 mad© by the 
 
 registrar, who shall make the memorial accordingly. In any 
 
 judicial proceeding affecting property, the title to which is then 
 
 a registered title, the court upon the application in writing of 
 
 any party or parties in interest after due notice to all otiier 
 
 parties in interest and a 'hearing, if necessary or proper, shall 
 
 enter an order prescribing the form, of any memorial that should 
 
 be made by the registrar in the title book because or as the result 
 
 of such proceeding; and- the registrar, upon the production of a 
 
 certified copy of such order, shall make the proper memorial in 
 
 accordance with such order. After making such memorial in 
 
 the title book the registrar shall also make all other memorials on 
 
 existing certificates or make and deliver any new certificates 
 
 according to the circumstances and in the manner required herein. 
 
 (Amended by L. 1916, ch. 547, in effect May 15, 1916.) 
 DerlTatlon: L. 1908, dh. 444, § 54. 
 
 § 423. Death, of owner of registered property; transfer of property. 
 
 Upon the death of an owner of registered real property or 
 any estate, right, or interest therein^ his heirs-at-law or devisees, 
 •at any time after the due entry of a d.ecree of the surrogate's 
 court, probating his will and granting letters testamentary thereon 
 or granting letters of administration, or in case of an appeal 
 from such decree at any time after the entry of a final decree, 
 may make application to the court for an order directing the 
 registrar in what manner the title shall be registered, and in 
 Tvhose name or names it shall be registered; and as to the new 
 certificate or certificates to be issued thereom Two or more heira 
 or devisees may unite in one such application. On suck appli- 
 •cation the court, after due notice to all parties in interest and 
 
§§ 424, 425 EEGISTEEING TITLE TO PEOPERTT-, 51 
 
 a hearing, if necessary or proper, may enter an order in laccord- 
 ance with said application. On such application the oertificate 
 of title of the deceased owner, or a duplicate copy thereof, shall 
 be sufficient and conclusive evidence of hia title at the time of hia 
 death, and no other evidence of the title up to that time may be 
 produced. (Amended by L. 1916, oh. 547, in effect May 15, 
 1916.) 
 
 Derivation: L. 1908, cih. 444, § 55. 
 
 § 424. Certificate of title during settlement of estate. 
 
 Any new certificate of title, made and entered as prescribed in 
 the preceding section before the final settlement in the surrogate's 
 court of the personal estate of the deceased owner of the real prop- 
 erty, shall state expressly that it is made and entered because of 
 transfer of the title from the last certificate by descent or devise, 
 and that such personal estate is in process of settlement. After the 
 final settlement of such personal estate in the surrogate's court, or 
 after the expiration of the time allowed by the code of civil pro- 
 cedtire for bringing a proceeding for selling, mortgaging or leasing 
 the real property of the deceased owner for the payment of his 
 debts, the heirs-at-law or devisees may apply to the court in the 
 registration \action! for an order directing the cancellation of said 
 memorial upon the certificate, which memorial showed that the 
 personal estate was in the course of settlement, and the court, 
 after being satisfied by due proof that said personal estate is com- 
 pletely settled or that said time to apply for selling, mortgaging 
 or leasing the said real property has expired, shall mate an ordeii 
 directing the cancellation of said memorial; but the liability of 
 heirs or devisees of registered property, or of such property itself, 
 for claims against the deceased or his estate shall not be in any 
 way diminished or changed by this article. [(Amended by L. 1916, 
 ch. 547, in effect May 15, 1916.) 
 
 Derivation: L. 1908, cih. 444, § 56, 
 
 § 425. Title derived tbrough execution of a power in a will. 
 
 When the will of a deceased registered owner of real property, 
 or of any estate, right or interest therein, empowers the executor or 
 
52 EEAL PROPEETY LAW. §§ 426, 427 
 
 executors to sell, incumber or otherwise deal with such property, 
 estate, right or interest, it shall not be necessary for suck executor 
 or executors to be registered as the owrner or owners thereof ; but 
 sjllj person who acquires title through or by virtue of the execution 
 of such power may have such title registered, by proceeding in the 
 eame manner as heirs or devisees of a deceased registered owner 
 of real property, as directed and provided' by this lartiole. 
 
 Derivation: L. 1908, cih. 444, § 57. 
 
 § 426. Assurance fund. 
 
 Upon the original registration of real property, there shall bs 
 paid to the registrar onfr-tenth of one per centum of the value 
 thereof which value shall be determined by the registrar but shall 
 not be less than tlie amount of the last assessment for local taxa- 
 tion. All moneys received by the registrar under the provisions 
 of this section shall be paid to the treasurer of the county (in 
 New York city to the city chamberlain), as an assurance fund' 
 for land registered in his county and shall be treated in the same 
 manner as are other funds received for local taxation or for the 
 reduction of the county or city debt. Said treasurer (or city 
 chamberlain) shall keep a separate account of such funds and 
 report annually thereon .as required by law in reference to other 
 funds in his hands. (Amended by L. 1916, cL 547, in effect May 
 15, 1916.) 
 
 Derivation: L. 1908, cih. 444, § 58. 
 
 § 427. Compensation from assurance fund. 
 
 Any person who, without negligence on" his part, sustains loss 
 or damage or is deprived of real property, or of any estate, right 
 or interest therein because of the registration of another person 
 aa owner of such property, or of any estate, right, or interest 
 therein, through fraud, or in consequence of any error, omission, 
 mistake or misdescription in any certificate of title or in any entry 
 or memorial in the title book, sh'all have a cause of action against 
 the county treasurer (in 'New York city the city chamberlain) 
 to recover compensation for such loss or damage. (Amended by 
 L. 1916, oh. '547, in effect May 15, 1916.)' 
 
 Derivation: L. 1908, cih. 444, § 59. 
 
§§ 428, 429 EEGISTEEING TITLE TO PROPERTY. 53 
 
 § 428. Action against assnrance fund. 
 
 Any allowed.! claim for indenmity shall be paid in the same 
 manner as other claims against the county. In the city of New 
 York a claim shall be passed upon and approved by the registrar 
 and by the corporation counsel of the city before payment is 
 allowed. The rejection of a claim by the proper county officials 
 (or in the city of New York by the registrar and corporation coun- 
 sel) shall not preclude the claimant from bringing an action to 
 recover such claim, No claim or judgment on a claim for in- 
 demnity shall be binding on the county or on the county tresaurer 
 (in New York city the city chamberlain) for an amount exceeding 
 the amount credited to the assurance fund. If the amount credited 
 to the assurance fund is insufficient to pay the claim or judgment 
 in full, the unpaid balance shall bear interest at the legal rate 
 and shall be paid out of the first moneys coming into said assur- 
 ance fund. If any right of action against any person for dam- 
 ages for negligence or other cause, or under any covenant or con- 
 tract of warranty or guaranty or otherwise, exists in favor of the 
 person to whom indemnity is paid, the county treasurer (in New 
 York city the city chamberlain) shall be deemed to be subrogated 
 to such right and may bring an action to recover thereunder. Any 
 amounts recovered by the county treasurer (in New York city the 
 city chamberlain) under such an action shall be credited to the 
 account of the assurance fund. Until the assurance fund provided 
 as aforesaid shall have been exhausted, payment for any such 
 losses or damages shall be made out of such' fund. (Amended by 
 L. 1916, ch. 547, in effect May 15, 1916.); 
 
 DeriTation: L. 1908, cih. 444, § 60. 
 
 § 429. Restrictions on claims against assurance fnnd. 
 
 No person shall recover from the assurance fund! any greater 
 sum than the fair market value of the property at the time the 
 right to bring soich action first accrued. Any action or proceeding 
 to recover damages out of the assurance fund shall be commenced 
 within six years from the time when the right to begin the same 
 accrued, and not afterward, and such time shall not be extended 
 
54 EEAL PEOPEETY LAW. §§ 430, 431 
 
 because of any disability. (Amended by L. 1916, oh. 547, in 
 effect May 15, 1916.) 
 
 DeriTation: L. 1908, oh. 444, § 61. 
 
 § 430. Penalties for fraudulent acts or false certificates. 
 
 Wboever fraudulenty procures or assists in fnaudulently procur- 
 ing, or is intentionally privy to tbe fraudulent procurement of any 
 certifieate of title or otker instrument, or of any entry in the 
 registration or other book kept in the registrar's office, or of any 
 erasure or alteration in any entry in siaid book, or in any instru- 
 ment authorized by this act, or knowingly defrauds^ or is inten- 
 tionally privy to defrauding any person by means of a false or 
 fraudulent instrument, certificate, statement or affidavit, affecting 
 registered land, shall be guilty of a felony and shall be punished by 
 a fine of not exceeding five thousand dollars, or imprisonment for a 
 period not exceeding five years, or both, in the discretion of the 
 
 court. 
 
 DeriTation: L. 1908, cih. 444,, § 62. 
 
 § 431. Forgery and fraudulent stamping; penalty. 
 
 Whoever forges, or procures to be forged, or asistsi in forging, 
 the seal of the registrar, or the name, signature, handwriting of any 
 officer of the registrar's office; or fraudulently stamps or procures 
 to be stamped, or assists in stamping, any document with any forged 
 seal of said registrar, or forges or procures to be forged, or assists 
 in forging, the name, signature or handwriting of any person 
 whomsoever, to any instrument which is expressly or impliedly 
 authorized to be signed by such' person, or uses any document upon 
 which any impression or part of the impression of any seal of said 
 registrar has been forged, knowing the same to have been forged, 
 or any document the signature to which, has been forged, knowing 
 the same to have been forged, or swears falsely concerning any mat^ 
 ter or proceeding made or done in pursuance of this article, shall 
 fee guilty of a felony, 'and shall be punished by imprisonment in 
 ■the penitentiary for a period not exceeding five years, or by a fine 
 not exceeding five thousand dollars, or both, in the discretion of the 
 court. 
 
 Derivation: L. 1908, oh. 444, § 63. 
 
§§ 432, 433 EEGISTEEING TITLE TO PEOPEETY. 55 
 
 § 432. Fees to be obarged. 
 
 The following fees shall be charged bj regisirars for the various 
 eervices performed pursuant to this article : 
 
 (a) Piling the notice of application, including entering it in 
 the entry-book, indexing it, and entering it in the tickler certifi- 
 cate book, one dollar. 
 
 (b) Piling and indexing tih© judgment and issuing certificates 
 of title in accordance therewith, and indexing same, five dollars. 
 
 (c) Entering, filing and indexing any lien^ incumbrance or 
 charge pending registration or subsequent thereto, one dollar, 
 
 (d) Entering, filing and indexing a deed or other paper requir- 
 ing the cancellation of one certificate and the issue of another — 
 for each new certificate issued, two dollars. 
 
 (e) Entering, filing and indexing any instrument cancelling 
 any lien or incumbrance on .a. certificate, fifty cents. 
 
 (f ) Making any additional certificate, fifty cents. 
 
 (g) Entering, filing and indexing a caution, one dollar. 
 
 (h) Services of the official examiner of title, when appointed 
 by a register or county clerk, 'Or by the court, one-tenth of one 
 per centum' of the value of the property, and ten dollars in 
 addition thereto. 
 
 (i) Making, certifying and delivering a " registration copy " 
 of any instrument, as provided' by section four hundred and six- 
 teen hereof, a fee computed at the same rate as the fees allowed 
 hj law for certifying a copy of a deed. 
 
 (j) Pumishing printed forms or for any services for which 
 fees are not herein specified such reasonable charge as may be 
 fixed by the registrar subject to the revision of the court. 
 (Amended by L. 1910, ch. -627; L. 1916, ch, 547, in effect May 
 15, 1916.) 
 DeriTation: L. 1908, ch. 444, § 64. 
 
 § 433. Comsimction of article. 
 
 Thia article shall be construed liberally, eo far as may be neces- 
 sary for the purpose of effecting its general intent. 
 
 DeriTation: L. 1908, ch. 444, § 65. 
 
56 REAL PROPEETY LAW. § "±34 
 
 § 434. Form for oificial examiner's report of title. 
 
 The examiner's report of title shall be substantially in the fol- 
 lowing form with siach' additions or modifications as may be nec- 
 essary by reason of laws concerning records affecting the particu- 
 lar locality in which the property is situate and with such additions 
 or modifications as the court may require or deem proper. 
 
 Official Examinee's Repoet of Title. 
 State of New York, ] , , 
 
 County of \ ^^^^ °^ ' ^^ • 
 
 reports and 
 
 certifies that title to the property kerein described in this report 
 is vested in 
 
 clear of all liens, incumbrances, defects^ rights, and interests, 
 except as below noted. A full statement has been made of all 
 liens, incumbrances, defects, rights and interests including re- 
 Btrictions, special agreements, covenants, easements, taxes sur- 
 veys, judgments, mortgages, and encroachments as they arise in 
 the order of this report, which statement is found in the follow- 
 ing pages of this schedule. A brief summary statement of the 
 same is as follows (such summary to be here set out in the order 
 of the paragraphs of this report) : 
 
 The names and post-office addresses of all persons interested, 
 or claiming to have any rights or interests in said property and 
 the nature of their interests are as follows : 
 
 ITames. Post-office address. iN'ature of interest. 
 
 Th.e names of the other persons interested, or claiming to have 
 any rights or interests, in said property whose post-office addresses 
 and whereabouts are unknown and cannot by diligent inquiry be 
 ascertained are as follows: 
 
 ITames. Nature of interest. 
 
§ 434 EEGISTEKING TITLE TO PEOPERTY. 57 
 
 Tlie facts as to the inquiries and efforts made to find otker 
 persons having any rights or iaterests in said property and the 
 diligence used to ascertain whether or not those known can be 
 served personally with a summons within the state, are set forth 
 in tiie following detailed statement: 
 
 Detailed Statements. 
 
 1. Description, The following is an accurate diagram of the 
 property proposed for registration in this action, the same having 
 
 heen copied from a survey made hy ■ 
 
 dated 
 
 The above property is more particularly bounded and described 
 as follows : 
 
 2. Records examined, Eecordfi necessary to determine the 
 ownership of the above-described property and all liens and in- 
 cumbrances have been examined in the offices of the register; 
 
 clerk of the United States Circuit court of the 
 
 district; derk of the United States district court of the 
 
 district ; United States loan commissioners ; county 
 
 clerk; tax collector; comptroller; county treasurer and (state 
 here the other offices in which search has been made in addi- 
 tion to the above). The results of the examination of the records 
 of the various offices above described are herewith set forth in 
 detail separately. In case it has been found' impossible to get 
 necessary information to complete this certificate in any respect, 
 a detailed statement has been given showing what efforts have 
 been made, 
 
 3. Register's (or county clerk's) office. Search has been made 
 against the following persons for the periods set opposite their 
 respective names, for all conveyances, mortgages unsatisfied of 
 record, assignments of unsatisfied mortgages returned hereon, 
 leases and other instruments of record affecting said premises 
 
58 EEAL PROPEETY LAW. § 434 
 
 A chain of title is given below. It also shows all agreements 
 and instruments of record affecting said property. The special 
 covenants and restrictions, unsatisfied mortgages and agreements 
 appearing in said chain are set fortk in detail iafter said chain 
 of title together with all liens, ineumhrances and defects in the 
 register's (or county clerk's) office. (Here set forth chain of 
 title, et cetera, as above.) 
 
 Pabticulaes of Each Moktgage UiirsATisE'iED. 
 
 Mortgagor, 
 
 Mortgagee, 
 
 Amount, 
 
 Dated, 
 
 Recorded, 
 
 Liber, ; Page, ; Sect., ; Block, 
 
 (Here set forth all assignments of said mortgage; also any 
 objections to or defects in such assignments.) 
 
 4. United States circuit and district courts. Search has been 
 made in the United States circuit and district courts of the dis- 
 trict for judgments and decrees as follows : 
 
 Names. From. To. 
 
 Upon such search the following unsiatified judgments appear: 
 
 Search k'as also been made in the United States district court 
 
 of the district against all the names appearing in. 
 
 the register's (or county clerk's) search above for petitions in 
 bankruptcy for the same periods as shovrai in register's (or county 
 clerk's) search above so far as said periods fall within the times 
 during which the bankruptcy acts of eighteen hundred and forty- 
 one, eighteen hundred and sixty-sevem and eighteen hundred and 
 ninety-eight were in force. 
 
 Upon -said search the following petitions appear : 
 
§ 434 KEGISTEEING TITLE TO PROPEKTY. 59 
 
 6. Mortgages to the United' States loan commissioners. Search 
 has been mad© for such mortgages against all the names appear- 
 ing in the register's (or county clerk's) search and for the same 
 periods. Upon such search the following unsatisfied mortgages 
 appear : 
 
 6. County clerk's office. Search has been made in this office 
 for judgments, decrees and transcripts of judgments and decrees 
 against the following names for the following periods: 
 
 Names. From. To. 
 
 Upon such search the following unsatisfied judgments are re- 
 turned, the marginal notes showing what disposition has been 
 made of them by the examiner : 
 
 Search has been made in this office for years last past 
 
 for mechanics' liens affecting said premises. Upon such' search 
 the following unsatisfied mechanics' liens appear : 
 
 A search has been made against the persons named in the searcli 
 in paragraph two and for the same periods for notices of lis 
 pendens ; certificates of sheriff's and marshal's sales ; insolvent 
 assignments ; general assignments ; foreclosure by advertisements ; 
 appointment of receivers; appointment of trustees, of absconding 
 concealed nonresident or imprisoned debtors; exemptions under 
 the homestead act. A further search for sheriff's certificates has 
 been made against each owner for a period of eleven years sub- 
 sequent to the search in the register's office and for foreclosure 
 by advertisement to date. Such instruments and notices have 
 been discovered as follows, the marginal notes showing what dispo- 
 sition Las been made of them by the examiner: 
 
60 EEAL PEOPEETY LAW. § 434 
 
 7. Seareli has been made for one year last past in the register's 
 (or county clerk's) office for chattel mortgages and conditional 
 hills of sale affecting the premises. Upon such search the follow- 
 ing unsatisfied mortgages and conditional bills of sale appear : . . . . 
 
 8. Tax offices. Taxes, assessments and water rates unpaid are 
 as follows : 
 
 Tear. Amount. 
 
 (State in detail all offices, local or otherwise, in which records 
 of taxes, assessments or water rates are kept, in which searches 
 have been made.) 
 
 Sales for taxes, assessments and water rates have been had as 
 follows : 
 
 (State in detail offices- in wiuch searches have been made.) 
 To. Date. 
 
 9. Here insert detailed statement of all searches for lienSi or 
 incumbrances other than those above set forth 
 
 10. Other interested! persons. The following persons who do 
 not reside on the premises claim interests or rights in said prop- 
 erty, the nature of their claim in law or equity being herewith' set 
 forth in detail : 
 
 Name. Addres®, Nature of claim. 
 
§ 434: EEGISTEEING TITLE TO PROPERTY. 61 
 
 The names and postoffice addresses of the owners of the adjoin- 
 ing parcels of land are, as far as reasonably obtainable by inquiry 
 on the premises, given below as shown in the diagram : 
 
 11, Insipeetion of property. An inspection of the premisea 
 
 shows the property is occupied by the persons whose names and 
 
 post-office addresses are set forth below; said occupants having 
 
 described their interests and claims in said premises as follows: 
 
 Names. Postoffice address. !N"ature of daim. 
 
 An inspection of the plumbing, drains and isewers shows the 
 following easements: 
 
 An inspection) of the walls, halls, roofs, yards and fire-escapes 
 shows easements as follows: 
 
 12. Other matters which may or may not be of public record 
 not included above and affecting said title are set forth as follows: 
 
 State of New York, |' 
 County of , ^ 
 
 being duly sworn, dq)oses and says that he is a duly qualified 
 official examiner of title, licensed to practice as such under and 
 by virtue of the laws of the state of New York ; that he has per- 
 sonally examined the title to the property described in the fore- 
 going report, and has made the foregoing report, and' that the 
 statements contained in said report are true in every particular 
 
62 EEAL PKOPEETY LAW. § 435 
 
 to the best of kis knowledge and belief ; and that he has employed 
 all usTial means and methods for ascertaining the truth thereof 
 and of all the facts land circumstances affecting and concerning 
 the title to said' property. 
 
 Sworn to before me, this ... 
 day of , 19., 
 
 (Former § 434 repealed and new § 434 inserted by L. 1910, 
 ch. 627 ; amended by L. 1916, ch. 547, in effect May 15, 1916.) 
 
 § 435. Form for certificate of title. 
 
 The registrar's certificate title shall be in the following form : 
 1^0 First registered 
 
 Ceetificate of Title. 
 '(First Certificate) or (Transfer from 'No. J 
 
 ....•...••■...•..•..••.....•■•.••....■•••:•. •••!••. ••r* •••.«• 
 
 State of JSTew York, 
 County ,j 
 
 of (residence, and if a minor give his age; if under other dis- 
 ability, state the nature of the disability) ; married to (name of 
 husband or wife, or if not married, say not married) ; 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 and charges hereunder noted. (In case of trust, 
 condition or limitation, say " in trust " or " upon condition " or 
 " with limitation," as the case may be.) 
 
 Witness my hand and official seal this (date). 
 
 (Seal); , 
 
 Eegiatrar. 
 
§ 435 KEGISTERING TITLE TO PEOPEETT. 63 
 
 Memoeials 
 of estates, easements and charges on the land described in the 
 above certificate of title. 
 
 Document 
 Dumber. 
 
 Kind. Running la 1 t.__, Dateot 
 
 »■"«>• fawo^^i- rernu- Eegiatratlon. 
 
 (aror of 
 
 Signature of Registrar. 
 
 (Amended by L. 1916, ch. 547, in effect May 15, 1916.)^ 
 DeriTOtion: L. 1908, ch. 444, Schedule "B." 
 
INDEX 
 
 [References are to section munibers.] 
 
 Abstract of Title to be filed with examiner's certificate — 380 
 Abstract Company may be official examiner of title — 377 
 Address of parties required — 379, 409 
 Adjacent Lands — see Contiguous Property 
 Adverse Possession — see Prescription 
 Affidavit to be made by surveyor — 381 
 court may require amended — 385 
 Agent to accept service must be appointed by applicants who are 
 nonresidents — 384 
 new appointments to be made after removal, incapacitation 
 
 or death— 384 
 court may dismiss application if new', not appointed — 384 
 Answer to complaint, contents of, to controvert separately com- 
 plaint and examiner's report — 385, 389 
 Appearance by any person interested — 389 
 
 Appellate Division — Designation of Justices to constitute "title- 
 part " of Special Term — 371 
 to have general supervision and control of official examiners 
 —371, 377 
 Application for Registration — papers comprising complaint thus 
 designated — 370 
 to be made to Supreme Court — 371 
 has effect of proceedings in rem against the land — 371 
 before, title to be examined and certified by official examiner 
 
 of title— 377 
 who may make — 378 
 of holder of contract to purchase shall refer to ownership in 
 
 fee simple — 378 
 contents of, — 379 
 how made — 379 
 
 parties to be named in complaint — 379 
 notice of, to be filed in each County where property is lo- 
 cated— 382 
 notice of, to 'be indexed against names of plaintiff and all 
 
 known defendants — 382 
 notice of, to have same effect as pendency of action — 382 
 
 (65) 
 
66 INDEX. 
 
 [References are to section numbers.] 
 
 Application for Registration — Continued. 
 
 not to be cancelled until provisions fully performed — 382 
 notice of, must be mailed within 10 days to person filing 
 
 caution — 383 
 after filing, court to determine if plaintiff appears to have 
 
 title— 385 
 papers affecting the property, must be kept with — 409 
 fee for filing — 432a 
 Applicant for registration is designated as plaintiff — 370 
 
 for license as official examiner of title, fitness of, how ascer- 
 tained — 377 
 if non-resident of State must appoint agent to accept service 
 of legal process — 384 
 Assessments, payment of, before judgment — 390 
 
 after initial registration — 400 
 Assignments of mortgages, leases or other liens to be entered in 
 registration book — 418 
 papers referring to, shall show number of certificate of regis- 
 tration — 418 
 Assignments, General, for benefit of Creditors — see Liens 
 Assurance Fund, provision for — 426 
 
 moneys to be invested as trust funds — 426 
 
 persons sustaining loss or damage because of registration 
 
 may bring action for compensation from — 427 
 if insufficient, claim thereon shall bear interest — 428 
 claims on, by whom defended — 428 
 no recovery from, in greater sum than fair market value of 
 
 property — 429 
 claim for damages from, must be commenced within 6 years 
 —429 
 Attachments — see Liens 
 
 Attorney, examiner making report not to act as — Z77 
 Attorney-General, service on the people of the State to be made 
 upon, — 385 
 to act as guardian ad litem without compensation — 388 
 Bankruptcy — see Liens 
 Bond to be given by registrars — 373 
 
 to be given by deputy when acting registrar — 374 
 to be given by official examiner of title — 377 
 Book, Entry — all papers must be entered in, by registrar — 409 
 Book, Tickler Certificate to be provided by registrar — 409 
 papers pending registration to be noted in — 409 
 
INDEX. 67 
 
 [Eeferenoes are to section numbers.] 
 
 Books to be provided by county — 376 
 
 certificates of title to be bound or recorded in — 395 
 of covenants, restrictions and forms to be provided by regis- 
 trar— 408 
 Cancellation of liens not binding unless noted upon certificate of 
 title— 417 ■ 
 of certificate, fee for entering, filing and indexing instru- 
 ment requiring — 432d 
 of lien, fee for entering, filing and indexing — 432e 
 Cancelled certificates of title to be re-bound — 395 
 
 notations to be carried forward on all certificates until — 403 
 certificate of tite to be, upon issuance of new certificate — 
 
 406 
 portion only of property transferred may be, on original 
 
 certificate — 406 
 former certificates to be, when new are issued — 413 
 certificate of title to be marked, when lien has been removed 
 —417 
 Caution, the designation of an instrument filed with the regis- 
 trar and requiring notice of registration of any given 
 property — 2>79, 383 
 all persons who have filed, against registration to be men- 
 tioned in complaint as defendants — 379 
 may be filed by parties claiming interest in property — 383 
 notices of, to be kept by registrar in locality index — 383 
 person filing, must be given notice of application to register 
 
 within 10 days — 383 
 fee for entering, filing and indexing — 432g 
 Certificate of Title — see Registrar's Certificate of Title 
 Claims on the assurance fund, by whom defended — 428 
 
 for damages from assurance fund must be commenced within 
 6 years — 429 
 Claimants of interest or right in property to be named as parties 
 in complaint — 379 
 of interest in property affected may file caution — 383 
 Clouds on title— 390 
 
 Compensation of deputy when acting registrar — 374 
 of registrar, deputy and clerks — 375 
 of guardian ad litem — 388 
 Complaint, designation of papers to be filed asking for registra- 
 tion of title— 370 
 
68 INDEX. 
 
 [Eeferences are to section numibers.] 
 
 Complaint — Continued. 
 
 name and post-office address of plaintiffs must appear in, — 
 
 379a - 
 holder of Power of Attorney and post-office address must 
 
 appear in, — 379a 
 social condition of plaintiff must appear in, — 379b 
 age of plaintiff must appear in, — 379c 
 age of minors and authority to act must appear in, — 379c 
 nature of disability of plaintiff, if such, must appear in, — 
 
 379c 
 unknown defendants to be made parties in, — 379 
 claimants of interest to be named as parties in, — 379 
 people of the State of New York to be named as parties in, — 
 
 379 
 persons who have filed caution against registration to be 
 
 named as parties in, — 379 
 survey, map or plan to be referred to in, — 379e 
 to show claim of State of New York, if any — 379 
 to show claim of plaintiff — 379f 
 may be amended — 379g 
 must be accompanied by report of title — 380 
 unknown or possible owners to be designated in — 380 
 description of property to appear in, — 380 
 copy of, without report may be demanded by any defendant 
 
 —386 
 any person interested may answer — 389 
 Contiguous Property, names and post-office addresses of owners 
 
 of, must appear on examiner's report — 380 
 survey to show connection with — 381 
 survey to harmonize with survey of, if previously registered 
 
 —381 
 caution may be filed by owners of — 383 
 Contract to Purchase — owner of, may apply for registration — 378 
 holder of, shall refer, in application, to ownership in fee 
 
 simple — 378 
 holder of, not to receive registration except with transfer 
 
 of title from transferrer in possession — 378 
 owner of, to be mentioned in complaint — 379 
 may be registered — 415 
 Copy, certified, of liens to be filed with registrar — 417 
 
 registration, of mortgage, etc. — 4-16 
 Corporations may be licensed as official examiners of title — 377 
 
INDEX. 69 
 
 [References are to section numbers.] 
 
 County to provide registrar with books, papers and accommoda- 
 tions— ^376 
 
 plaintifif to file notice of application for registration in each, 
 where located — 382 
 
 to keep block indexes in certain cases — 409 
 County Clerk or County Register to be registrar — 372 
 
 laws relative to, shall govern registrars — 372 
 County Officers, registrars are — 372 
 County Treasurer, fees received by registrar to be paid to, — 426 
 
 may bring action for damages — 428 
 Courts — all, of the State to receive certificate of registration as 
 
 evidence — 399 
 Court, Supreme — application for registration to be made in, — 371 
 
 proceedings to be had in, — 371 
 
 always open for proceedings under the law — 371 
 
 special term of, to try issues — 371 
 
 shall appoint one or more justices as may be necessary — 371 
 
 title part of how constituted — 371 
 
 Appellate division of, to license official examiner of title — 377 
 
 issuance of summons and service, to be ordered by — 385 
 
 additional facts may be required by, — 379 
 
 must be satisfied that all interested persons have been made 
 parties — 380 
 
 decision as to sufficiency of proof that all parties are in- 
 cluded is not questionable after 6 months — 380, 385 
 
 forms to be approved by, — 380 
 
 surveyor to be approved by, — 381 
 
 may dismiss application if new agent not appointed — 384 
 
 to determine if plaintiff appears to have title — 385 
 
 may require amended survey, report or affidavits — 385 
 
 if satisfied that plaintiff has title, shall order action com- 
 menced by issuance of summons — 385 
 
 to determine sufficiency of proof before service by publica- 
 tion— 385 
 
 rules of, to govern action — 385 
 
 to approve notice of action — 386 
 
 to appoint guardian ad litem for minor parties — 388 
 
 to determine in whom title is vested — 390 
 
 may remove clouds from title — 390 
 
 to determine if property is subject to any lien, encumbrance, 
 etc.— 390 
 
70 INDEX. 
 
 [Beferences are to section numbers.] 
 
 Court, Supreme — iContinued. 
 
 to determine manner in which liens shall appear upon cer- 
 tificate of title— 390 
 to make orders in conformity with equity and principles of 
 
 this act— 390 
 to be satisfied that title is free from doubt before registration 
 
 is made — 391 
 to decide matters upon which registrar is in doubt — 422 
 Court, Surrogate's, probate of will in, in connection with certifi- 
 cate of title of deceased ow'ner is conclusive evidence of 
 title— 423 
 pending settlement in, new certificate of title may be issued 
 
 424 
 after final settlement in, registrar shall cancel conditional 
 certificate — 424 
 Covenants, registrar shall provide a book of, — 408 
 Cross DemcUid for registry of title may be made for any persons 
 
 interested — 389 
 Damage, persons sustaining, because of registration may bring 
 action against County Treasurer (or N. Y. City Chamber- 
 lain)— 427 
 Death of agent, new appointment to be made after — 384 
 
 of owner of registered property, new registration and certifi- 
 cate to be made after — 423 
 Decrees of Court — see Judgments of Title Court 
 Decrees — see Liens 
 
 Deed for transfer of registered property to be in any form au- 
 thorized by law — 406 
 of transfer, new certificate of title may be issued after filing 
 —406 
 Defendant, notice of application to be indexed against — 382 
 without the State to answer within 28 days — 385 
 copy of complaint may be demanded by, — 386 
 Deputy registrar may be appoi'nted — 374 
 
 registrar must be official examiner of title — 374 
 becomes acting registrar under certain conditions — 374 
 compensation of, when acting registrar — 374 
 compensation of, — 375 
 
 registrar to sign notations on certificate of title — 391 
 Description of property to appear in official examiner's repor? 
 of title and complaint — 380 
 of property to be given in notice of object of action — 386 
 
INDEX. 71 
 
 [References are to section, numibers.] 
 
 Disability, plaintiif if under, and nature of, must appear in com- 
 plaint — 379c 
 
 of agent requires new appointment — 384 
 
 interests of persons under, to be protected by guardian ad 
 litem— 388 
 
 nature of, to appear in certificate of title — 394 
 Discharge of judgment not binding unless memorial thereof has 
 been entered upon certificate of title — 417 
 
 of incumbrance effected in same way as assignments — 419 
 Discontinuing action — 410 
 Duplicate certificate of title to be made — 396 
 
 certificate, liens to be entered upon — 416 
 Easements, possible, not registered — 400 (See Prescription) 
 Entry Book, all papers must be entered in, by registrar — 409 
 Estates which may be registered — 378 
 Evidence, registrar's certificate of title as, — 399 
 
 official examiner's report of title as, — 385 
 
 additional, may be required — 379 
 Examiner of Title — see Official Examiner of Title 
 Executions — see Liens 
 
 Executor of will need not be registered — 425 
 Facts, additional, may be required by Court — 379 
 Fee for recording covenants, restrictions, trusts or forms — 408 
 
 for assurance fund — 426 
 
 to be charged by registrars — 432 
 Fees received by registrar to be paid to County Treasurer — 426 
 Fee Simple, owners in, may apply for registration — 378 
 
 title in, must be registered before liens of any kind may be 
 registered — 378 
 
 ownership in, must be shown in registration by holder of 
 contract to purchase — 378 
 Felony, persons procuring registration through fraud guilty of, — 
 430 
 
 forgery of any kind of papers relating to registration punish- 
 able as, — 431 
 
 perjury regarding papers referring to registration punish- 
 able as, — 431 
 Filing papers, manner of, — 409 
 
 fees for, — 432 
 
 with clerk on discontinuance of action — 410 
 Foreclosure on registered property — see Judicial Sales 
 
72 INDEX. 
 
 [References are to section nvumbers.] 
 Forgery of any kind in registration papers punishable as felony 
 
 —431 
 Form prescribed for official examiner's report of title — 380, 434 
 
 of summons similar to action in Supreme Court — 385 
 
 for recording covenants, restrictions, etc. — 408 
 
 of Index to papers affecting registered property — 409 
 Forms to be approved by court — 380 
 
 registrar shall provide a book of, — 403 
 
 official examiner's report of title — 380, 434 
 
 registrar's certificate of title — 394, 435 
 
 general— 395, 408, 409 
 Fraud, registration of claim by, may be set aside — 392 
 
 action to set aside registration to have no effect except on 
 ground of, — 392 
 
 knowledge of unregistered liens not considered — 402 
 
 in procuring registration a felonious crime — 430 
 General Index Book — 409 
 Guardian Ad Litem to be appointed for minors — 388 
 
 to protect interests of incapacitated persons — 388 
 
 compensation of, — 388 
 
 Attorney-General as, — 388 
 Holders of what rights or interest in the land may apply for regis- 
 tration — 378 
 
 of power of attorney may apply for registration — ^378 
 
 of contract to purchase shall refer to ownership in fee simple 
 —378 
 
 of contract not to receive registration except with transfer 
 of title from transferrer in possession — 378 
 
 of power of attorney and post-office address must appear in 
 complaint — 379a 
 Incapacitated — see Disability 
 Incumbrancer, rights of innocent, not to be injuriously affected — 
 
 393 
 Incumbrances — see Liens 
 Index, names of plaintififs and defendants to be shown in — 382 
 
 locality, of cautionary notices to be kept by registrar — 383 
 
 in alphabetical order to papers filed with registrar — 409 
 
 to papers affecting registered property, form of — 409 
 
 block, to be kept in certain counties — 409 
 Infants— 370, 388, 391 
 Information, examiner's report to contain additional, — 380 
 
INDEX. 73 
 
 [References are to section munibers.] 
 
 Innocent purchaser or incumbrancer, rights of, not to be inju- 
 riously affected — 392 
 Insurance, pohcy of, to be annexed to report by corporate ex- 
 aminer of title — 380 
 of title by corporate official examiner recoverable upon 
 within 10 years — 380 
 Issues tried at special term of Supreme Court — 371 
 
 of fact tried by jury — 371 
 Interested parties, addresses of — 411 
 
 Judgment against third parties for loss or damage may be en- 
 forced at any time — 428 
 Judgments — see Liens 
 
 Judgments of Court in vacation as well as term time — 371 
 operate directly on land and vest and establish title — 371 
 application for, to be accompanied with affidavit of posting 
 
 —387 
 not made unless court is satisfied that title is free from doubt 
 
 —391 
 of registration forever binding and conclusive — 391 
 certificate of title issued after final, — 393 
 fee for entering, filing and indexing — 432b 
 Judicial Sales of registered property, procedure on — 420a 
 Jurisdiction, court not deprived of, by omission or defect in 
 
 papers — 385 
 Jury to try issues of fact — 371 
 
 Justice, assigned to have general supervision — 371 
 Land, application has effect of proceedings in rem against, — 371 
 judgments of the court operate directly on, — 371 
 judgments of the court vest and establish title to, — 371 
 copy of summons and notice to be posted on, — 387 
 registration of title runs with, — 404 
 see also Property 
 Lease, unregistered, may be lien on registered land if actual occu- 
 pation — 400 
 for over one year of registered property may be registered — 
 
 415 
 see also Liens 
 Liens of any kind not to be registered until after title in fee 
 simple is registered — 378 
 no objection to registering title — 378 
 to be noted on certificate of title — 378 
 
74 INDEX. 
 
 [References are to section, numbers.] 
 
 Liens — Continued. 
 
 upon property, owners of, to be named in application for 
 registration — 379 
 
 court may determine if property is subject to, — ^390 
 
 court to determine manner in which, shall appear upon cer- 
 tificate of title— 390 
 
 particulars of, to be shown on certificate of title — 394 
 
 which may not appear on certificate of title — 400 
 
 on registered property have no effect unless filed with regis- 
 trar and noted on certificate of title — 400 
 
 knowledge of unregistered, not to impute fraud — 402 
 
 affecting registered property subject to terms of this act, — 
 404 
 
 and incumbrances affecting property pending registration 
 shall be shown on certificate of title — 409 
 
 may be registered on registered property — 415 
 
 to be entered upon certificate in title book and upon duplicate 
 certificates — 416 
 
 not to be of force unless transcript or certified copy is filed 
 and memorial entered upon certificate — 417 
 
 registrar shall enter upon certificate of title memorials re- 
 ferring to — 417 
 
 discharges, cancellations or moderations of liens not binding 
 unless memorial thereof is entered upon certificate of 
 title— 417 
 
 assignments of, must be entered in title book — 418 
 
 papers referring to assignments of, shall show number of 
 the certificate of registration — 418 
 
 release -or discharge of, may be effected in same way as 
 assignments — 419 
 
 on registered property may be enforced as now provided by 
 law— 420 . 
 
 laws regarding, apply to registered property — 420 
 
 fee for entering, filing and indexing — 432c 
 Lis Pendens — 382 
 Map of property to be referred to in complaint — 379e 
 
 to be filed with complaint — 381 
 Mechanic's Liens — see Liens 
 Memorials — see Notations 
 
 Minors, age of, and authority to act for must appear in com- 
 plaint — 379c 
 
II^DEX. 75 
 
 [References are to section nunubers.] 
 
 Minors — Continued. 
 
 court to appoint guardian ad litem for, — 388 
 
 age of, to be shown on certificate of title — 394 
 Mortgages — see Liens 
 
 Non-Residents must appoint agent to accept service — 384 
 Notations to be entered upon last certificate of title — 395 
 
 on certificate of title to be signed by registrar or deputy — 
 401 
 
 to be carried forward on all certificates until cancelled — 403 
 
 on all papers afifecting title of registered property to be en- 
 tered upon the last certificate of title — 409 
 
 upon last certificate of title completes entries necessary for 
 registration — 41 2 
 
 regarding all liens to be entered upon certificate of title — 417 
 Notice of application for registration must be mailed within 10 
 days to person filing caution — 383 
 
 of action to be approved by court — 386 
 
 of action to be posted on the land — 387 
 
 relating to property pending registration and after being 
 registered may be served by mail — 41 1 
 Official Examiner of Title, deputy registrar must be — 374 
 
 to examine and certify title for applications — 377 
 
 has power to sit as referee — 377 
 
 not to act as attorney in case of title he reports — 377 
 
 how appointed — 377 
 
 who eligible — 377 
 
 Title Guaranty Company may be — 377 
 
 fitness of applicant for license, how ascertained — 377 
 
 to be licensed by appellate division of Supreme Court — 377 
 
 required to give bond — 377 
 
 Abstract Company may be — 377 
 
 corporations may be licensed as — Z77 
 
 insurance of title by corporate, recoverable upon within 10 
 years — 380 
 
 Official Examiner's Report of Title must accompany complaint 
 
 379, 380 
 
 when evidence — 385 
 
 must show exact condition of title — .380 
 
 must be verified by examiner of title if individual 380 
 
 must have policy of insurance from corporate examiner of 
 title— 380 
 
76 INDEX. 
 
 [References are to section numibers.] 
 
 Official Examiner's Report of Title — Continued. 
 
 must show names and post-office addresses of interested 
 parties — 380 
 
 must show names and post-office addresses of owners of con- 
 tiguous property — 380 
 
 must state what efforts have been made to locate unknown 
 owners — 380 
 
 must designate unknown or possible owners — 380 
 
 abstract of title must be filed with — 380 
 
 shall contain a short description of property — 380 
 
 to contain any information prescribed by court — 380 
 
 form prescribed — 380, 434 
 
 court may require an amended, — 385 
 Orders of Court in vacation as well as term time — 371 
 
 to be made in conformity with equity and principles of this 
 act— 390 
 Original Certificate of Title, form of— 394, 395 
 
 subsequent certificate of title to have same form as, — 394 
 
 portion only of property transferred may be cancelled on, — 
 407 
 
 memorial of all papers affecting title to registered property 
 
 must be entered upon the last — 409 
 Owners in fee simple or some right may apply for registration — 
 378 
 
 of contracts for purchase may apply for registration — 378 
 
 of liens to be named in application for registration — 379 
 
 of contract to purchase to be mentioned in complaint — 379 
 
 of contiguous property, names of, must appear in examiner's 
 report of title— 380 
 
 unknown, examiner's report must state what efforts have 
 been made to locate — 380 
 
 unknown or possible, to be designated in examiner's report, 
 summons and complaint — 380 
 
 of contiguous property may file notice of caution — 383 
 
 to furnish registrar with receipt for certificate of title — 397 
 
 of registered property, new registration and certificate to be 
 made after death of — 423 
 
 deceased, probate of will in connection with registration cer- 
 tificate is conclusive evidence of title — 423 
 
 of registered property, deceased, executor of will of, need 
 not be registered — 425 
 
INDEX. 11 
 
 [References are to section niumibeTB.] 
 
 Papers to be provided by county — 376 
 
 filed with registrar must be numbered consecutively — 409 
 
 must be entered by registrar in an entry book — 409 
 
 affecting the property must be kept with the application — 
 409 
 
 pending registration to be noted in tickler certificate book — 
 409 
 
 memorial of, affecting title to registered property must be 
 entered upon last original certificate — 409 
 
 filed with registrar to be indexed in alphabetical order — 409 
 
 affecting registered property, form of index to, — 409 
 
 filed pending registration of equal effect as similar papers 
 when recorded — 410 
 
 which have been filed are to be recorded if action for regis- 
 tration is discontinued — 410 
 
 filed with registrar to be endorsed with name and post-office 
 address of party in whose behalf it is filed — 411 
 
 referring to assignments, etc., shall show number of certifi- 
 cate of registration — 418 
 Parties, court must be satisfied that all persons interested are, — 
 380 
 
 claimants of interest in property to be — ^379 
 
 people of the state of New York to be — 379 
 
 all persons who have filed caution against registration to 
 be— 379 
 
 claiming interest in property may file notice of caution — 383 
 
 filing caution must have notice of application to register — 
 383 
 
 interested may answer complaint — 389 
 
 interested may set up cross-demand for registry of title — 389 
 
 taking registered title not required to ascertain how such 
 registration was obtained — 402 
 
 failing to agree as to nature of any lien, registrar shall refuse 
 to record it — 416, until court directs — 422 
 
 sustaining loss or damage may bring action against assur- 
 ance fund — 427 
 
 procuring registration through fraud guilty of felony — 420 
 Penalties for fraud or forgery — 430, 431 
 Pendency of action, notice of application to have same effect 
 
 as of, — 382 
 People of the State of New York to be defendants — 379 
 
 service on, to be made upon the Attorney General — 385 
 
78 INDEX. 
 
 [References are to section mimbers.] 
 
 Perjury regarding papers referring to registration punishable as 
 
 felony — 431 
 Persons — see Parties 
 Plaintiff, party in whose behalf application is made — 370 
 
 name and post-office address of, must appear in complaint — 
 
 379a 
 social condition of, must appear in complaint — 379b 
 age of, must appear in complaint — 379c 
 
 if under disability, and nature of, must appear in com- 
 plaint — 379c 
 to file notice of application in each county where property is 
 
 located— 382 
 notice of application to be indexed against name of, — 382 
 court shall order action commenced if satisfied that title is 
 
 in,— 385 
 to make service by publication if unable to make personal 
 service — 385 
 Plan of property to be referred to in complaint — 379e 
 
 to be filed with complaint — 381 
 Possession, adverse, or prescription does not give title — 401 
 Posting notice on land — 387 
 
 Power of Attorney, holder of, may apply for registration — 378 
 holder of, must appear in complaint — 379a 
 to convey property must be entered upon certificate of title — 
 421 
 Power, in a will, title through — 425 
 Practice governing proceedings — 385 
 
 Prescription, or adverse possession does not give title — 401 
 Proceedings to be had in Supreme Court, title part — 371 
 
 in rem against the land, application has efifect of — 371 
 Proof, court's decision as to sufficiency of, not questionable after 
 6 months — 380 
 required by court before service by publication — 385 
 Property, survey, map or plan to be referred to in complaint — 
 379e 
 short description of, shall appear in official examiner's report 
 
 of title and complaint — 380 
 notice of application to be filed in each county where located 
 
 —382 
 parties claiming interest in, may file notice of caution — 383 
 owners of contiguous, may file notice of caution — 383 
 brief description of, to accompany summons — 386 
 
INDEX. 79 
 
 [References are to section numbers.] 
 
 Property — Continued. 
 
 certificate of title to include all dealings with — 398 
 
 registrar to note actions against, pending registration — 398 
 
 dealings -with registered, are subject to terms of this act — 
 404 
 
 registered, subject to same law as unregistered — 405 
 
 deed for transfer of registered, to be in any form authorized 
 by law — 406 
 
 title to, does not pass until transfer is registered-— 406 
 
 portion only of, may be cancelled on original certificate when 
 transferred — 407 ( 
 
 all papers affecting the, must be kept with the application — 
 409 
 
 memorial of all papers afifecting title to registered, to be en- 
 tered upon the last original certificate of title — 409 
 
 registered, form of index to papers affecting, — 409 
 
 liens and incumbrances affecting, pending registration shall 
 be shown on certificate of title — 409 
 
 notices relating to, pending registration and after being reg- 
 istered may be served by mail — 41 1 
 
 transactions affecting registered, are deemed to be registered 
 when notation has been entered upon last certificate — 412 
 
 registered under separate certificates may be combined in 
 one certificate or separate certificates covering other divi- 
 sions — 413 
 
 separate certificates may be issued covering divisions of, — 
 413 
 
 number of certificate to be noted upon instruments affect- 
 ing, — 416 
 
 registered, liens or incumbrances on, may be enforced as now 
 provided by law — 420 
 
 registered, laws regarding mortgages apply to — 420 
 
 power of attorney to convey, must be entered upon certifi- 
 cate of title — 421 
 
 executor of will of deceased owner of registered, need not 
 be registered — 427 
 
 no recovery from assurance fund in greater sum than fair 
 market value of, — 431 
 
 see also Land 
 Publication, summons by, how service required — 385 
 
 service by, only after plaintiff is unable to make personal 
 service — 385 
 
80 INDEX. 
 
 [References are to section numibeirs.] 
 
 Publication — ^Continued. 
 
 court to determine sufficiency of proof before service by, — 
 
 385 
 order for service by, not to be questioned after 6 months — 
 385 
 Purchaser, rights of innocent, not to be injuriously affected — 392 
 Receipt for owner's duplicate certificate — 397 
 Referee, official examiner has power to sit as — 377 
 Reference to court, of doubtful matters — 422 
 Registered, liens not to be, until after title in fee simple is, — 378 
 title to property does not pass until transfer is, — 406 
 notices relating to property after 'being, may be served by 
 
 mail — 41 1 
 transfers are deemed to be, when new certificate has been 
 
 entered — 412 
 mortgages, leases or'contracts to convey may be, — 415 
 Registered Property, dealings with, are subject to terms of this 
 act — 404 
 subject to same law.' as unregistered — 405 
 deed for transfer of, to be in any form authorized by law — 
 
 406 
 memorial of all papers afiFecting title to, to be entered upon 
 
 the last original certificate of registration — 409 
 new certificate of title to be made after death of owner of — 
 
 423 
 form of index to papers affecting — 409 
 transactions affecting, to be deemed to be registered when 
 
 notation has been entered on last certificate of title — 412 
 under separate certificates may be combined in one certifi- 
 cate — 413 
 liens or incumbrances on, may be enforced as now provided 
 
 by law— 420 
 laws regarding mortgages apply to, — 420 
 executor of will of deceased owner of, need not be regis- 
 tered— 425 
 Registering titles, public expenses of, to be paid by registrar's 
 
 fees — 376 
 Registrar, who shall be, — 372 
 
 governed by laws relative to registers, etc. — 372 
 are county officers — 372 
 shall give bond — 373 
 
INDEX. 81 
 
 [References are to section auBiibeTS.] 
 Registrar — Continued 
 
 deputy, may be appointed, — 374 
 
 deputy, must be official examiner of title — 374 
 
 deputy, becomes acting registrar — 374 
 
 deputy, compensation when acting registrar — 374 
 
 compensation of, — 375 
 
 deputy, compensation of — 375 
 
 to be provided by county with books, etc. — 376 
 
 to keep locality index of cautionary notices — 383 
 
 to take receipt from owner for certificate of title — 397 
 
 to note actions against property pending registration — 398 
 
 to sign notations on certificate of title— 399 
 
 shall provide a book of covenants, restrictions, trusts and 
 
 forms — 408 
 all papers filed with, must be numbered consecutively — 409 
 must enter all papers in an entry book — 409 
 shall provide a tickler certificate book — 409 
 to index in alphabetical order papers filed with him — 409 
 shall refuse to note on certificate any liens on which inter- 
 ested parties are in dispute — 416 
 transcript or certified copy of liens to be filed with — 417 
 shall enter upon certificate memorials referring to all liens 
 
 —417 
 notice of action under law regarding mortgages or liens must 
 
 be filed with,— 420 
 if in doubt as to any required action, must refer question to 
 
 court— 422 
 shall cancel conditional certificate after final settlement in 
 
 surrogate's court — 424 
 fees received by, to be paid to County Treasurer — 426 
 Registrar's Certificate of Title to show mortgages and other liens 
 
 —378 
 court to determine manner in which liens shall appear upon 
 
 —390 
 to be issued after final judgment — 393 
 form of original — 394, 435 
 to show social condition, and, if married, name of husband 
 
 or wife — 394 
 to show age of minor — 394 
 to show nature of disability^ if any, — 394 
 to show particulars of all liens to which title is subject — 394 
 subsequent certificate to have same form as original — 394 
 
82 Il^DEX. 
 
 [Beferences ane to eection Bjumlbers.] 
 
 Registrar's Certificate of Title — Continued. 
 
 to have printed thereon section 400 of the law — 394 
 
 to be bound or recorded in a book — 395 
 
 to be re-bound, separating cancelled and uncancelled — 395 
 
 memorials and notations regarding, to ^be entered on last cer-' 
 
 tificate of title— 395 
 to include all dealings with the property — 398 
 to be made in duplicate and duplicate plainly stamped — 396 
 receipt for, to be given by owner and acknowledged — 397 
 or certified copy to be received as evidence in all courts — 399 
 is prima facie evidence that the law has been complied with 
 
 —399 
 certain liens or incumbrances need not appear on — 400 
 notations on, to be signed by registrar or deputy — 399 
 notations to be carried forward on, until cancelled — 403 
 new, to be issued upon filing deed of transfer — 406 
 to be cancelled upon issuance of new — 406 
 portion, only, of property may be cancelled — 407 
 new, to be issued for a portion of the property — 407 
 memorials of all papers affecting title to registered property 
 
 must be entered upon last original — 409 
 liens and incumbrances affecting property pending registra- 
 tion must be shown on — 409 
 transfers deemed to be registered when certificate has been 
 
 entered — 412 
 transaction affecting registered property deemed to be regis- 
 tered when notation has been entered on last, — 412 
 property registered under separate, may be combined in one 
 certificate or separate certificates covering other divisions 
 of property — 413 
 when new, are issued, former certificates must be cancelled 
 
 and reasons therefor entered thereon — 413 
 lost or destroyed, may be replaced under certain conditions — 
 
 414 
 mortgage, leases or other Hens to be entered upon, in title 
 
 book and upon duplicate — 416 
 number of, to be noted upon instruments affecting such prop- 
 erty — 416 
 notations regarding all liens to be entered upon, — 417 
 papers referring to assignments of mortgages, etc., shall 
 
 show number of, — 418 
 to be marked " cancelled " when lien has been removed — 419 
 
II^DEX. 83 
 
 [References are to section numbers.] 
 
 Registrar's Certificate of Title — Continued. 
 
 power of attorney to convey property must be entered 
 upon, — 421 
 
 new, to be made after death of owtter of registered prop- 
 erty— 423 
 
 of deceased owner in connection with probate of will in Sur- 
 rogate's Court conclusive evidence of title — 423 
 
 new, may be issued pending settlement in Surrogate's Court 
 —424 
 
 conditional, must be cancelled after final settlement in Sur- 
 rogate's Court — 424 
 
 fee for issuing, — 432b 
 
 fee for cancellation of, — 432d 
 
 fee for each additional, — 432f 
 
 form for, — 435 
 Registrars' Fees, how disposed of — 376 
 
 to be kept separate — 376 
 
 to pay public expenses of registering titles — 376 
 Registration, what is entitled to, — 370 
 
 how efifected — 370 
 
 by whom made — 370 
 
 clerks, compensation of, — 370 
 
 title on applications for, to be examined and certified by 
 official examiner of title — 377 
 
 not to be given holder of contract to purchase except with 
 transfer of title under contract from transferrer in pos- 
 session — 378 
 
 contents of application for, — 379 
 
 application for, how made — 379 
 
 application for, to show names of owners of liens — 379 
 
 application for, not to be cancelled until provisions fully per- 
 formed — 382 
 
 notice of application for, must be mailed to person filing 
 caution — 383 
 
 not to be made until court is satisfied that title is free from 
 doubt— 391 
 
 judgment of, forever binding and conclusive — 391 
 
 of claim by fraud may be set aside — 392 
 
 action to set aside on ground of fraud must be commenced 
 within 10 years — 392 
 
 action to set aside, except on ground of fraud, to be com- 
 menced within 6 months — 392 
 
84 INDEX. 
 
 [Keferenoes are to section niiimibers.] 
 
 Registration^Continued. 
 
 registrar to note actions against property pending, — 398 
 liens and incumbrances affecting property pending, shall be 
 
 shown on certificate of title — 409 
 papers filed pending, of equal effect as similar papers re- 
 corded — 410 
 if action for, is discontinued, papers which have been filed 
 
 are to be recorded — 410 
 notices relating to property pending, may be served by mail 
 
 —411 
 book, liens to be entered upon certificate in, — 416 
 book, assignments of liens must be entered in, — 418 
 fee for, in connection with the assurance fund — 426 
 persons sustaining loss or damage because of, may bring 
 
 action against assurance fund — 427 
 persons procuring, through fraud, guilty of felony — 430 
 forgery or perjury relating to, punishable as felony — 431 
 Registration Copy of mortgage — 416 
 Registration of Title, who may apply for, — 378 
 liens no objection to, — 378 
 
 all persons who have filed caution against, to be made par- 
 ties— 379 
 any persons interested may set up a cross-demand for — 389 
 not to be made until taxes have been paid, except under cer- 
 tain conditions — 390 
 certificate of, to be issued after final judgment of the court 
 
 —393 
 runs with land and is binding upon successors — 404 
 Release of incumbrance effected in same way as assignments — 
 
 419 
 Removal of agent, new appointment to be made after — 384 
 Report of Title — see Official Examiner's Report of Title 
 Restrictions, registrar shall provide a book of, — 408 
 fee for recording, — 408 
 to be numbered consecutively — 408 
 form for recording — 408 
 Right, owners in some, may apply for registration — 378 
 Rules of practise, how provided — 371 
 
 of court to be followed in action — 385 
 Service, non-residents must appoint agent to accept — 384 
 of summons similar to action in Supreme Court — 385 
 
INDEX. 85 
 
 [Refereaoes are to aectioii numbers.] 
 
 Service — Continued. 
 
 on the people of the State to be made upon Attorney Gen- 
 eral— 385 
 of summons, action under, to follow laws of this state and 
 rules of court — 385 
 Service by Publication only after plaintiff is unable to make per- 
 sonal — 385 
 court to determine sufficiency of proof before, — 385 
 order for, not to 'be questioned after 6 months — 385 
 Social condition to be shown in certificate of title — 394 
 Statute of Limitations— 392, 429 
 
 Subsequent certificate of registration to have same form as orig- 
 inal,— 394 
 Summons, issuance of, and service to be ordered by court — 379g 
 to be issued if court is satisfied that plaintiff has title — 385 
 to have form and service similar to action in Supreme Court 
 
 —385 
 by publication, how required — 385 
 action under service of, to follow law's of this State and rules 
 
 of court — 385 
 to be accompanied by notice stating object of action with 
 
 brief description of property — 386 
 copy of, to be posted on land — 387 
 Supreme Court — see Court, Supreme 
 Surrogate's Court — see Court, Surrogate's 
 Survey of property to be referred to in complaint — 379e 
 to be filed with complaint — 381 
 to be made by a surveyor approved by court — 381 
 to show connection with adjoining lands — 381 
 to harmonize with survey of adjacent lands — 381 
 court may require amended, — 385 
 Surveyor to be approved by court — 381 
 to make affidavit of accuracy — 381 
 Taxes must be paid before registration of title can be made ex- 
 cept under certain conditions — 390 
 Tickler Certificate Book, registrar shall provide, — 409 
 
 papers pending registration proceedings to be noted in, — 409 
 form of,— 409 
 Tickler Certificates, each to be entered on a page by itself — 409 
 Title, Official Examiner's Report of — see Official Examiner's Re- 
 port of Title 
 Registrar's certificate of — see Registrar's Certificate of Title 
 
86 INDEX. 
 
 [Beferenoes ere to section niunubers.] 
 
 Titie, book— 395, 417, 418 
 
 insurance of, by corporate official examiner recoverable upon 
 within 10 years — 380 
 
 exact condition of, must appear in examiner's report — 380 
 
 action to be commenced if court is satisfied the plaintiff has 
 —385 
 
 cross-demand for registration of, may be set up by any per- 
 sons interested — 389 
 
 court to determine in whom vested — 390 
 
 court may remove clouds from — 390 
 
 court to determine manner in which liens shall appear upon 
 certificate of, — 390 
 
 registration of, not to be made until taxes, etc., have been 
 paid, except under certain conditions — 390 
 
 certificate of, issued after final judgment of title court — 393 
 
 certificate of, to show particulars of all liens to which, is 
 subject— 394 
 
 memorials and notations to be entered on the last certificate 
 of,— 395 
 
 certificate of, to be made in duplicate and plainly stamped— 
 396 
 
 registrar to take receipt from owner for certificate of, — 397 
 
 receipt for certificate of, to be witnessed or acknowledged — < 
 397 
 
 certificate of, to include all dealings with the property — 398 
 
 liens or incumbrances which may not appear on certificate 
 of,— 400 
 
 prescription or adverse possession does not give, — 401 
 
 person taking registered, when not required to ascertain how 
 such was registered — 402 
 
 registration of, runs with the land and is binding upon suc- 
 cessors — 404 
 
 new certificate of, to be issued upon filing deed of transfer — 
 406 
 
 certificate of, to be cancelled upon issuance of new certifi- 
 cate — 406 
 
 to property does not pass until transfer is registered — 406 
 
 to registered property, memorials of all papers affecting, to 
 be entered upon the last certificate — 409 
 
 liens and incumbrances affecting property pending registra- 
 tion shall be shown on certificate of, — 409 
 
INDEX. 87 
 
 [References are to section aumibers.] 
 Title — Continued. 
 
 transactions affecting registered property deemed to be reg- 
 istered when notation has been entered upon last certificate 
 of,— 412 
 property registered under separate certificates of, may be 
 
 combined in one certificate — 413 
 when certificates of, are issued, former certificates must be 
 
 cancelled — 413 
 new registration of, and certificate to be made after death of 
 
 owner of registered property — 423 
 probate of will in connection with registration certificate of 
 
 deceased owner is conclusive evidence of, — 423 
 form for examiner's report of, — 434 
 form for certificate of, — 435 
 Title Guaranty Company may be official examiner of title — 377 
 " Title Part " of Special Term— 371 
 
 Transaction affecting registered property deemed to be regis- 
 tered when notation has been entered upon last certificate 
 of title— 412 
 Transcript or certified copy of liens to be filed with registrar — 
 
 417 
 Transfer of registered property, deed for, to be in any form au- 
 thorized by law — 406 
 new' certificate of title to be issued when filing deed of, — 406 
 title to property does not pass until, fs registered — 406 
 of portion only of property may be cancelled on the original 
 
 certificate — 407 
 deemed to be registered when new certificate has been en- 
 tered— 412 
 Trusts — see Liens 
 
 Unknown defendants to be designated as parties in complaint — 
 379 
 owners, examiner's report must state what efforts have been 
 
 made to locate — 380 
 owners to be designated in examiner's report, summons and 
 
 complaint — 380 
 owners to be designated in judgment of registration — 391 
 Will, probate of, in connection with registration certificate con- 
 clusive evidence of title — 423 
 executor of, need not be registered — 425 
 
A NEW EDITION OF THE STANDARD VK$im . 
 
 The Law of 
 
 WILLS. EXECUTORS 
 and ADMINISTRATORS 
 
 FIFTH EDITION, 1915 
 By JAMES SCHOULER 
 
 Of the Boiton Bar. Author of Treatiiei on "Domntic Rdationi,'' 
 "Bailmenti," "Personal Property," etc. 
 
 Jamei Schouler 
 
 THIS NEW FIFTH EDITION OF THE AMERICAN 
 CLASSIC and Standard Treatise covers the whole juris- 
 prudence of Wills and the Administration of Estates, 
 testate or intestate, in the United States and England, and 
 should find a place in every law library and will be especi- 
 ally welcome to those who have used the former editions. 
 2 VOLS,, BUCKRAM, $15.00. 
 
 MATTHEW BENDER d COMPANY, 
 
 j^_8g8 INCORPORATED 
 
 109 St»t«i St., ALBANY 86 John St., NEW YORK 
 
KF 5172 A339 V65 
 
 Autbot Vol. 
 
 Viele, Dorr 
 
 liUe [Ehe Land-title registration copy 
 act of the state of New York 
 
 
 
 Date 
 
 Boiiower's Name