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 Land registration act of Massachusetts 
 
 3 1924 024 688 131 
 
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THE 
 
 LAND REGISTRATION ACT 
 
 MASSACHUSETTS. 
 
THE 
 
 LAND REGISTRATION ACT 
 
 OP 
 
 MASSACHUSETTS, 
 
 WHICH TOOK EFFECT OCTOBER 1, 1898. 
 
 WITH AN INTRODUCTORY STATEMENT, ANNOTATIONS,, 
 
 CROSS RErERENCES, AND CITATIONS OF 
 
 CASES BEARING UPON IT. 
 
 BY 
 
 CHARLES S. RACKEMANN, 
 
 OF THE SUFFOLK BAK. 
 
 BOSTON: 
 LITTLE, BROWN, AND COMPANY. 
 
 1898. 
 
Copyright, 1898, 
 By Little, Brown, and Company. 
 
 All rights reserved. 
 
 
 John Wilson and Son, Cambridge, U.S.A. 
 
PREFACE. 
 
 The Toreens System of Registration of Title 
 to Land, as it was enacted by the Legislature 
 of Massachusetts during the session of 1898, is 
 presented to the profession and the public in the 
 following pages. 
 
 The official text has been here reproduced, 
 accompanied by full cross references, notes, and 
 citations of authorities bearing upon the interpre- 
 tation and construction of the act. 
 
 The field here entered by Massachusetts is, so 
 far as the United States is concerned, almost terra 
 incognita, for in only two of our States has any 
 serious attempt been made to engraft this method 
 upon our land law system ; and in both those 
 instances the validity of the action taken by the 
 Legislature was questioned in the courts; and no 
 sufficient practical test of the workings of such 
 system in this country has yet become possible. 
 
 The editor has not felt it to be within his province 
 at this time to enter upon any actual discussion or 
 argument upon the merits or demerits of the pres- 
 ent act, whether regarded as a piece of legislative 
 enactment, or as a very serious innovation in a 
 
vi PREFACE. 
 
 practical way upon the laws and customs o± con- 
 veyancing in Massachusetts. 
 
 But an efEort has been made — so far as possible 
 within the limits of time and space — to present 
 this new law to owners of and dealers in land, and 
 their professional advisers, in such a way as to 
 enable them to understand it without loss of time, 
 and to perceive the advantages and disadvantages 
 of it, not overlooking the fact that it is open to 
 question and criticism. 
 
 In the Bibliography (which comes after the Act 
 in this volume) mention is made of the principal 
 discussions and treatises relating to the system 
 which have hitherto been published in the Eng- 
 lish language. It cannot be said that this is 
 complete, but it will serve as a guide to those 
 readers who may wish to go deeper into the 
 subject. , 
 
 But for the very able assistance afforded by 
 William De Lancey Howe, Esq., of the Suffolk 
 Bar, and Mr. Francis Noyes Balch (now in the 
 Harvard Law School), this book could not have 
 been produced at this time ; and the preparation 
 of the Index devolved almost wholly upon them. 
 
 CHARLES S. RACKEMANN. 
 Boston, October 1, 1898. 
 
TABLE OF CASES. 
 
 Arndt v. Griggs 20 
 
 Bordwell v. Collins . . . 21 
 
 Boswell's Lessee v. Otis ... 22 
 
 Brown v. Board of Levee Com. 21 
 
 Caldwell v. Texas 22 
 
 Chase v. Henry 21 
 
 Clark I'. Smith 22 
 
 Commonwealth v. Haynes . . 10 
 
 Commonwealth v. Smith . . 10 
 
 Cooper V. Reynolds .... 21 
 
 Creightou v. Kerr 24 
 
 D'Arcy v. KetchUm ... 21 
 
 Edwards v. Elliott .... 19 
 
 Eliot V. McCormick .... 21 
 
 Ewing V. Burnet 19 
 
 Freeman v. Alderson ... 20 
 
 Gibbs V. Messer . . .15, 32, 45 
 
 Haddock u. Boston & Maine 
 
 R. R 61 
 
 Hart V. Sansom 22 
 
 Hale V. Finch 19 
 
 Hill V. Duncan 10 
 
 Holland v. Challen .... 22 
 
 Huling V. Kaw Valley Ry. . 22 
 
 Hyde v. Stone. 19 
 
 Kimball v. Sweet 21 
 
 Leeper v. Texas 22 
 
 Loring v. Hildreth . . 21, 23, 57 
 
 Page 
 
 McCormick v. SuUivant ... 21 
 
 Mellen v. Moliue Iron Works . 22 
 
 Merrill v. Beckwith ... 21 
 Metropolitan Bank v. Guttsch- 
 
 lick 19 
 
 Mooney v. Hinds . ... 21 
 
 Needham v. Thayer . 
 Opinion of the Justices 
 
 21 
 
 10 
 
 Parker v. Overman . . 
 
 . 22 
 
 Parsons v. Bedford . . 
 
 . 19 
 
 Pearson v. Yewdall 
 
 . 19 
 
 Pennoyer v. Neff . . . 
 
 20,22 
 
 People V. Chase . . . 
 
 2, 20 
 
 
 . 10 
 
 
 . 10 
 
 Rand v. Hanson . 
 
 . 21 
 
 Short V. CaldweU . . . 
 
 . 21 
 
 State V. Guilbert . . . 
 
 . 20 
 
 Stone V. Wainwright . . 
 
 21 
 
 United States v. Fox . 
 
 . 21 
 
 United States v. Southern 
 
 Pa- 
 
 cific R. R 
 
 . 21 
 
 Walker v. Sauvinet .... 19 
 
 Webster v. Reid 21 
 
 Wing V. Hayford 41 
 
 Woodbury v. Marblehead Water 
 
 Co 60 
 
 Worcester County c. Schle- 
 
 singer 10 
 
 Worcester, &c, Bank v. Thayer 42 
 
INTRODUCTION 
 
 The Torrens System of Registration and Trans- 
 fer of Title to real property, though a compara- 
 tively new subject in the United States, has been 
 in operation in various parts of the United King- 
 dom since its adoption in 1856 by the colony of 
 South Australia. 
 
 The system takes its name from Sir Eobert 
 Torrens, Bart., who was born in England in 1814, 
 and who in 1841 was made, by the British Ad- 
 miralty Ofl&ce, an official in the Custom House at 
 Adelaide. About the year 1850 he became inter- 
 ested in the Australian system of conveyance by 
 deed and recording (which was substantially like 
 that now generally in force throughout the United 
 States), and was convinced that, because of its lack 
 of simplicity, accuracy, expedition, and economy, 
 it was out of harmony with the practical ideas 
 and the progress of the age, and that the law on 
 the tenure and transfer of land should create as 
 much certainty on the one hand, and permit of 
 as much despatch on the other, as were obtained 
 through that branch of the law governing the 
 transfer and registration of title to ships. 
 
 Although Torrens was not a member of the 
 legal profession, he had mastered the principles 
 
X SYSTEM OF LAND TRANSFER. 
 
 of admiralty law, and through his v?ork in the 
 Custom House had become familiar with their 
 practical application. Upon this foundation, and 
 with the perseverance and indomitable spirit of 
 a true reformer, he set himself the task of over- 
 throwing the ancient and venerated laws relating 
 to land tenure and transfer, and of establishing 
 in their stead an entirely new system. 
 
 He found that there had existed in Austria, 
 Germany, Prussia, and Hungary, for a century 
 or more, a custom of registering land titles, and 
 upon this system, and his own for registering 
 ships, he formulated and adapted to the spirit of 
 the times, and to the needs of the business world, 
 a system for the registration and transfer of title 
 to real property. 
 
 In 1856 the system went into operation in South 
 Australia with Torrens as Registrar-General, and 
 under his direction and superintendence it was 
 made a success, its chief advantages over the old 
 method being, first, the indefeasible nature of the 
 title secured under it, and secondly, through the 
 abrogation of the necessity of abstracts of title, 
 speed, certainty, and economy of transfer. The 
 step thus taken by South Australia was soon fol- 
 lowed by her sister colonies, — Victoria, New South 
 Wales, Queensland, Tasmania, and New Zealand, 
 — until finally entire Australasia adopted the 
 Torrens system. 
 
 As early as 1854, a Royal Commission was ap- 
 pointed in England to investigate the prevailing 
 systems of dealing in land, and to recommend 
 the adoption by England of a new system, which. 
 
INTRODUCTION. xi 
 
 among other advantages over the old, would first 
 of all lessen the time and cost expended between 
 the making of a bargain for the sale of land and. 
 the completion of a sale, and, secondly, render it 
 unnecessary that the same process of investigation, 
 in a title should be gone through with on every 
 subsequent purchase or mortgage. Before the 
 Commission made its report in 1857, however, 
 Robert Torrens had published in England a pam- 
 phlet setting forth his ideas on the subject of land 
 transfer, while in 1856 the system created by him 
 had already been adopted in South Australia. 
 
 As a result of the report of the Royal Commis- 
 sion, there was passed in England, in 1862, "An 
 Act to Facilitate the Proof of Title to and the 
 Conveyance of Real Estate'' (25-26 Vict. cap. 53), 
 better known as " Lord Westbury's Act." While 
 this Act was along the lines set forth in the 
 Torrens system, it yet varied from it in so many, 
 important features that, as Torrens predicted, 
 it failed of complete success, although during its 
 short existence it was estimated that property 
 to the value of £6,000,000 had been registered 
 under it. 
 
 In 1868 Lord Cairns, then Lord Chancellor, ob- 
 tained a Royal Commission to be appointed for 
 the purpose of inquiring into the operation of Lord 
 Westbury's Act, and reporting whether any alter- 
 ation or amendment would better be made. The 
 report of the Commission, published in 1870, con- 
 demned the system of registration of title estab- 
 lished by the Act of 1862 on account of the necessity 
 which it imposed of (1) showing a marketable title, 
 
Kli SYSTEM OF LAND TEANSFER. 
 
 (2) defining boundaries, and (3) registering partial 
 interests ; yet recommended its continuance, and 
 also the establishment of a new registry on the prin- 
 ciples set forth in the report of 1857. The result 
 of the recommendations of the Commission was 
 the introduction in 1873 of a "Land Transfer Act" 
 (38-39 Vict. cap. 87), which was passed in 1875, 
 and which, known as the " Lord Cairns Act," is now 
 in force in England. As yet only a compara- 
 tively small part of the landowners have availed 
 themselves of the benefits of the Act, but the Reg- 
 istrar-General reports that the number of registered 
 owners has been steadily increasing, and that the 
 manifest advantages of a registered title are grad- 
 ually overcoming the deep-rooted opposition of the 
 English landowner to having his title a matter of 
 public record. 
 
 In British Columbia a system for the registration 
 of titles has been in operation since 1870, while in 
 that section known as Vancouver Island, its prin- 
 ciples were adopted as early as the year 1861. The 
 Land Titles Act passed by the Province of Ontario 
 in 1885, and the Real Property Act adopted in the 
 Province of Manitoba in the same year, are both 
 based upon the Imperial Act of 1875. 
 
 In the year 1892, the Commission appointed by 
 the General Assembly of the State of Illinois to 
 investigate the Torrens system of transferring land 
 titles, submitted its report, and introduced "A Bill 
 for an Act concerning Land Titles," which was 
 the first legislative effort to adjust the Torrens 
 system to the Constitution and the laws of this 
 country. The closing section of that Act provided 
 
INTRODUCTION. Xlil 
 
 that it should not apply to land in any county 
 until the Act had been adopted by a vote of the 
 people of the county. The Act was passed by the 
 Legislature, and approved by the Governor, June 
 13, 1895. At the fall elections that year, it was 
 adopted by the people of Cook County (embracing 
 Chicago) by a majority of 77,538; but in 1896, 
 when the validity of the Act was tested in the 
 case of The People v. Chase/ the Supreme Court 
 of Illinois held it to be unconstitutional and void. 
 In May, 1897, a second "Act concerning Land 
 Titles" was passed, in which the Legislature at- 
 tempted to avoid the objection to the former Act. 
 This new Act was quickly carried before the Su- 
 preme Court of the State, in the case of The 
 People V. Simon. The case was argued last spring, 
 and has just been decided, the Court sustaining 
 the constitutionality of the law. 
 
 The advocacy of the Torrens system at the 
 World's Real Estate Congress, held at Chicago in 
 October, 1893, resulted in the subject being taken 
 up for consideration by the Bar Associations of the 
 different States, and, we understand, in the ap- 
 pointment by the Legislatures of Maine, New York, 
 Maryland, Ohio, and California of special commis- 
 sions to study the system still further with a view 
 to its adoption in those States. 
 
 In 1896 Ohio passed an Act embodying the 
 principles of the system, but since the Act had fol- 
 lowed closely the first Act in Illinois, and had 
 become operative before the decision in the People 
 V. Chase ^ was handed down, the Supreme Court of 
 
 J 165 111. 527. 
 
xiv SYSTEM OF LAND TRANSFEK. 
 
 Ohio, in the case of The State v. Guilbert,^ held the 
 act to be unconstitutional and void. 
 
 In Massachusetts the principles of the Torrens 
 system have been under discussion for some years 
 past, and have been the subject of most careful 
 study and consideration. How long the subject 
 has occupied the thoughts of its advocates here it 
 would, of course, be impossible to say ; but as 
 early as January, 1891, the late Governor William 
 E. Russell, in his inaugural address, referred to the 
 necessity of a thorough reform in our methods of 
 land transfer and registration, and stated that the 
 Torrens system would be called to the attention 
 of the Legislature through a special message. In 
 this message, which is dated February 17, 1891,^ 
 he says : — 
 
 "I believe that the Australian system of laud regis- 
 tration and transfer, more commonly referred to, from 
 the name of its originator, as the Torrens system, is the 
 longest step that has yet been taken anywhere towards 
 that freedom, security, and cheapness of land transfer 
 which is conceded to be so desirable in the interests of 
 the people. Our citizens demand the enactment of the 
 best legislation that can be devised, whether originated 
 here or elsewhere, and while another country whose 
 conditions are similar to our own has gained the credit 
 of first adopting the admirable and simple plan of land 
 transfer which I now call to your attention, we can yet 
 be the first among the States of the Union to place 
 this legislation upon our statute book, and to lead the 
 way in its adoption by the American people, as we have 
 already done in the case of the Australian ballot. The 
 universal favor with which this latter system has been 
 
 1 56 Ohio State, 575 (1897). 
 
 2 Acts and Resolves of Massachusetts, 1891, p. 1143. 
 
INTEODUCTION. XV 
 
 received by our people should at least remove any preju- 
 dice against following the legislation of tlie same country 
 in another respect." 
 
 After dwelling at length upon the merits of the 
 Torrens system, and likewise on the advantage 
 which would be reaped by the citizens of the Com- 
 monwealth through its adoption, the message is 
 closed by recommending the appointment of a 
 special commission, to be charged with the duty of 
 giving public hearings on the matter, and report- 
 ing to the next Legislature the draft of a proper 
 Act. 
 
 Accordingly, under Chapter 100 of the Acts 
 of 1893, the Legislature passed " An Act authoriz- 
 ing the Appointment of a Commission to draft 
 an Act embodying the Principles of the Torrens 
 System of Land Transfer." By virtue of this Act 
 a commission was appointed consisting of James 
 R. Garret and Heman W. Chaplin, Esquires, of 
 Boston, and Frederick H. Stebbins, Esquire, of 
 Springfield, who in March, 1894, laid before the 
 General Court a majority bill from Mr. Garret and 
 Mr. Stebbins, and a minority bill from Mr. Chaplin, 
 both bills, however, embodying substantially the 
 Torrens system of registration of title. 
 
 Under Chapter 511 of the Acts of 1897, author- 
 izing the Governor to appoint a committee to draft 
 an Act embodying the principles of the Torrens 
 system of land transfer, the Governor appointed 
 as the sole member of this committee Alfred Hem- 
 enway. Esquire, of Boston, who on January 3, 1898, 
 submitted to the Legislature the draft for the " Act 
 to Provide for Registering and Confirming Titles 
 
xvi SYSTEM OF LAND TEANSFEE. 
 
 to Land," which, being duly passed, on receiving 
 the Governor's approval on June 23, 1898, marked 
 the adoption by Massachusetts of the Torrens 
 system. 
 
 The principles of tlie system may be stated, 
 briefly, as follows : — 
 
 1. Public examination of title. 
 
 2. Registration of the title. 
 
 3. Issuance of a certificate of title. 
 
 4. Re-registration of title on every subsequent 
 transfer. 
 
 5. Notice on the certificate of any matter af- 
 fecting the registered title. 
 
 6. Indemnity against loss out of an assurance 
 fund. 
 
 Under the Torrens system as adapted by the 
 present " Land Registration Act " to the needs 
 of Massachusetts, the Commonwealth provides a 
 Court of Registration consisting of two judges, a 
 recorder, who is the clerk of the court, and one or 
 more examiners of title in each county. Any 
 person claiming to own a piece of land may apply 
 to the recorder, or the assistant recorder, at the 
 registry of deeds for the district in which the land 
 or any portion thereof lies, for registration of his 
 title, submitting his deeds, plans, and other evi- 
 dences of title. The recorder then causes an ex- 
 amination to be made by the examiners of title, 
 and after proper notice and proceedings to enable 
 all persons who may appear to have any adverse 
 interests to assert them, if the title appears to be 
 good, and no adverse claim is made, the recorder 
 registers the title in a registration book. This 
 
INTEODUCTION. xvii 
 
 s 
 
 entry is styled the original certificate of title, an 
 exact copy of which, called the duplicate certifi- 
 cate, is then given to the applicant. If, however, 
 adverse claims are made, action upon the applica- 
 tion is suspended until the claims are disposed of 
 in the Court of Registration, or, in case of appeal, 
 by the decision of the Superior Court or the Su- 
 preme Judicial Court. Any recognized encum- 
 brances or limitations, such as trusts, easements', 
 mortgages, etc., are briefly noted on the certificates. 
 The registered title is by law made indefeasible, 
 that is, the certificate is given the effect of a de- 
 cree of court which cannot be questioned. The 
 law also establishes the principle of " no transfer 
 except upon the books," which means that no sub- 
 sequent act or proceeding is allowed to affect the 
 title to land once registered, unless it is brought to 
 the attention of the recorder, or assistant recorder, 
 and a proper memorandum stating its effect is in- 
 dorsed on the certificate. For example : the regis- 
 tered owner of land, desiring to mortgage it, 
 executes the customary mortgage deed, which, 
 with the owner's duplicate certificate, is presented 
 to the assistant recorder, who thereupon enters 
 upon the original certificate, and also upon the 
 owner's duplicate certificate, a memorandum of 
 the purport of the mortgage deed, together with 
 the time of filing and a reference to the registra* 
 tion book, and furthermore delivers to the mort#- 
 gagee a duplicate of the certificate of title, like the 
 owner's duplicate, except that it bears upon its face 
 the words " Mortgagee's duplicate." When the 
 mortgage is discharged, as it may be by the mort- 
 
xviii SYSTEM OF LAND TRANSFEE. 
 
 gagee in person on the registration book in the 
 same manner as a mortgage on unregistered land, 
 by an entry on the record book, the mortgagee's 
 duplicate certificate is surrendered and stamped 
 " Cancelled." And in like manner, attachments 
 and other liens or adverse claims are noted on the 
 owner's duplicate certificate, the result being that 
 under the Torrens system it is possible to ascertain 
 with much greater certainty, quickness, and econ- 
 omy than heretofore, by a mere inspection of the 
 certificate on record, the state of the title to any 
 piece of land. 
 
 One other feature of the system deserves special 
 notice. When land is first registered, or when it 
 passes by will or descent, the applicant, devisee, 
 or heir pays to the recorder one tenth of one per 
 cent of the assessed value of the real estate. The 
 sums so paid constitute an "Assurance Fund," 
 which is held by the Treasurer of the Common- 
 wealth to indemnify any person who, without neg- 
 ligence on his part, sustains loss or damage, or is 
 deprived of land or of any estate or interest 
 therein, by virtue of the registration of the title 
 to such land. 
 
 The foregoing outline of the Massachusetts Tor- 
 rens Act serves to give a general idea of its es- 
 sential provisions, and at once invites critical 
 examination of them in detail, and likewise a 
 comparison of the new system with the existing 
 order of things relating to the conveyance of- 
 land. 
 
 How far the system is an answer to the prob- 
 lem, arising as far back in our history as the time 
 
INTEODUCTION. xix 
 
 when our ancestors first settled on the shores of 
 Massachusetts Bay, of providing a safe and prac- 
 ticable method "for avoyding all fraudulent con- 
 veyances, & that every man may know what 
 estate or interest other men may have in any 
 houses, lands, or other hereditaments they are 
 to deal in " (Mass. Col. Eec, I. 306), now depends 
 upon whether the public and their advisers in 
 the profession of the law find it, after a fair 
 and just trial, adequate to the needs of the Com- 
 monwealth. 
 
THE 
 
 LAND REGISTRATION ACT 
 
 OF 
 
 MASSACHUSETTS. 
 
 PASSED BY THE LEGISLATURE IN 1898. 
 
 [Chap. 562.] 
 
 An Act to provide for ijegistering and con- 
 firming TITLES TO LAND. 
 
 Be it enacted, etc., as follows : 
 
 Section 1. This act may be cited as the Land citation. 
 Registration Act. 
 
 COURT OF registration. 
 
 Section 2. A court is hereby established, to court of Regis- 
 be called the Court of Eegistration, which shall 
 have exclusive original jurisdiction of all applica- 
 tions for the registration of title to land within 
 the Commonwealth, with power to hear and de- 
 termine all questions arising upon such applica- 
 tions, and also shall have jurisdiction over such 
 other questions as may come before it under this 
 act, subject however to the right of appeal, as 
 hereinafter provided.^ 
 
 The Illinois Act of 1895 made no provision for establish- 
 ing a separate court of registration, but conferred judicial 
 powers upon the recorder of deeds, who by the Act was made 
 
 1 See §§ 14, 16, 38. 
 
SYSTEM OF LAND TRANSFER. 
 
 registrar of titles. The Supreme Court, in The People v. 
 Chase, 165 111. 527 (1896), held this to be in violation of 
 art. 6, § 1, of the constitution of Illinois, providing that the 
 judicial powers should be vested in courts therein named.^ 
 
 Sittings. The court shall hold its sittings in Boston, but 
 
 may adjourn from time to time to such other 
 places as the public convenience may require. In 
 the county of Suffolk the board of aldermen of 
 the city of Boston, and in other counties the 
 county commissioners, shall provide suitable rooms 
 for the sittings of the court of registration, in the 
 same building with or convenient to the probate 
 court or the registry of deeds, and shall provide 
 all necessary books and such printed blanks and 
 stationery for use in registration proceedings as 
 may be ordered by the court. 
 
 Jurisdiction. The court shall have jurisdiction throughout 
 
 the Commonwealth, and shall , always be open, 
 except on Sundays and holidays established by 
 law. It shall be a court of record, and shall cause 
 to be made a seal, and to be sealed therewith all 
 orders, process, and papers made by or proceeding 
 from the court and requiring a seal. All notices, 
 orders, and process of said court may run into any 
 county and be returnable as the court may direct. 
 The court shall from time to time make general 
 
 Procedure. rulcs and forms for procedure, conforming as near 
 as may be to the practice in the probate courts, 
 but subject to the express provisions of this act 
 and to general lav/s. Such rules and forms before 
 taking effect shall be approved by the supreme 
 judicial court or a justice thereof. 
 
 » Cf. § 31 and note, and § 54. 
 
SYSTEM OF LAND TEANSFER. 3 
 
 In this act, except where the context requires "Court." 
 a different construction, the word court shall mean 
 the court of registration. 
 
 Sectiok- 3. The governor, with the advice and 
 consent of the council, shall appoint two judges Two judges. 
 of the court of registration, one of whom shall 
 be appointed, commissioned and qualified as judge 
 of registration, and the other as assistant judge 
 of registration, each to hold his office during good 
 behavior ; and any vacancy shall be filled in the 
 manner provided by the constitution. 
 
 Section 4. The authority and jurisdiction of Authority and 
 
 1 (, . . ini' Ti jurisdiction. 
 
 the court of registration shall begm and take 
 effect as soon as the judges thereof are appointed 
 and qualified. The court may be held by a single 
 judge, and when so held shall have all the au- 
 thority and jurisdiction committed to said court. 
 Different sessions may be held at the same time, Sessions, 
 either in the same county or in different counties, 
 as the judges may decide, and they shall so arrange 
 the sessions as to insure a prompt discharge of 
 the business of the court. 
 
 Section" 5. Citations, orders of notice, and all citations and 
 other process issuing from the court shall bear 
 test of the judge of registration, and be under 
 the seal of the court and signed by the clerk. Seai. 
 
 Section 6. In case of a vacancy in the office vacancy, ab- 
 of judge of registration, or of his absence or in- 
 ability to perform his duties, the assistant judge 
 shall perform them, until the vacancy is filled or 
 any disability is removed. 
 
 Section 7. The governor, with the advice and 
 consent of the council, shall appoint a recorder, Recorder. 
 
Docket. 
 
 Custody of 
 documents. 
 
 Depositor^-. 
 
 SYSTEM OF LAND TKANSFER. 
 
 who shall be clerk of the court, and who shall 
 hold his office for the term of five years. He 
 shall attend the sessions of the court and keep a 
 docket of all causes, and shall affix the seal of the 
 court to all process or papers proceeding therefrom 
 and requiring a seal. 
 
 Section 8. The recorder shall be under the 
 direction of the court, and shall have the custody 
 and control of all papers and documents filed with 
 him under the provisions of this act,^ and shall 
 carefully number and index the same. Said papers 
 and documents shall be kept in Boston in an 
 office to be called the Land Eegistration Office, 
 which shall be near the court of registration. 
 The recorder shall have authority, with the sanc- 
 tion of the court, to employ such assistants and 
 messengers as may be necessary. 
 
 This provision seems at first sight to cause unnecessary- 
 expense and hardship for registration of land situated in 
 counties distant from Boston. But, on the other hand, it 
 will prove to be most convenient to have one central office at 
 which facts as to registration or proposed registration in 
 other -districts can be learned. 
 
 Recorder may 
 act in any 
 county. 
 
 Registers of 
 deeds to be 
 assistant re- 
 corders. 
 
 Section 9. The recorder may act in any 
 county, and after land has been registered under 
 this act he may ^ make all memoranda affecting 
 the title, and enter and issue certificates of title 
 as provided herein. 
 
 Section 10. The registers of deeds in each 
 registry district, after any land within their re- 
 spective districts has been registered under this 
 act, shall have the same authority as the recorder 
 
 1 Of. §§ 20, 57. 
 
 Cf. § 20, note. 
 
SYSTEM OF LAND TKANSFER. 5 
 
 to make all memoranda affecting the title of such 
 land, and to enter and issue new certificates of 
 title as provided herein, and to affix the seal of 
 the court to such certificates and duplicate certifi- 
 cates of title ; but in executing the provisions of 
 this act the registers of deeds shall be subject to 
 the general direction of the recorder, in order to 
 secure uniformity throughout the Commonwealth ; 
 and their official designation shall be assistant 
 recorders for the registry district in which they 
 are severally registers of deeds. In case of the 
 death or disability of the recorder the assistant vacancy in of- 
 recorder for the Suffolk district shall perform the 
 duties of the recorder until the vacancy is filled or 
 the disability removed. 
 
 Section 11. The recorder and all assistant Qualification of 
 recorders shall be sworn before the judge of reg- 
 istration, and a record thereof shall be made. 
 They shall give bond in a sum to be fixed by the 
 court, for the faithful performance of their official 
 duties, before entering upon the same. They may 
 administer oaths in all cases in which an oath is Powers, 
 required, to persons appearing before them in 
 matters pertaining to the registration of land. 
 They shall keep accurate accounts of all moneys Accounts, 
 received as fees or otherwise, which shall be sub- 
 ject to examination by the controller of county 
 accounts, in the same manner as accounts of 
 registers of deeds, and they shall pay over such 
 moneys quarterly to the treasurer of the Com- 
 monwealth. In case of the absence of any assist- Assistant Ec- 
 
 T 1 . . «•,.,.. corders. 
 
 ant recorder the assistant register for the district, 
 or if there is no assistant register the person act- 
 
SYSTEM OF LAND TRANSFER. 
 
 Examiners of 
 title. 
 
 Salaries. 
 
 How paid. 
 
 Appeal to Su- 
 perior and Su- 
 preme Courts. 
 
 ing as clerk in the office of the register of deeds, 
 shall perform the duties of the assistant recorder, 
 and the assistant recorder shall be responsible for 
 him. 
 
 Section 12. The judge of registration may 
 appoint one or more examiners of title in each 
 county, who shall be attorneys at law, and shall 
 be subject to removal by the supreme judicial 
 court. 
 
 Questions will arise under this section as to the authority 
 of an examiner appointed in one county to act in another, 
 first, when the land lies in two or more counties; and sec- 
 ond, when the whole chain of title is not to be found in one 
 county. Rules framed by the court will probably solve the 
 doubt. 
 
 Section' 13. The salary of the judge of regis- 
 tration shall be forty-five hundred dollars a year. 
 The salary of the assistant judge of registration 
 shall be four thousand dollars a year. The salaries 
 of the recorder, assistant recorders, examiners of 
 titles, and all assistants and messengers shall be 
 fixed by the governor and coiancil. All salaries 
 and expenses of the court shall be paid from the 
 treasury of the Commonwealth. 
 
 Section 14. Every order, decision, and decree 
 of the court of registration shall be subject 
 to appeal to the superior court for the county 
 where the land lies, concerning which the order, 
 decision, or decree appealed from was made. The 
 appeal shall be claimed and entered within thirty 
 days from the date of such order, decision, or de- 
 cree,^ and the party appealing shall at the time 
 
 1 See §§ 16, 63, 1 2. 
 
SYSTEM OF LAND TRANSFER, 7 
 
 of entering his appeal file in the superior court 
 copies of all material papers in the case, certified 
 by the recorder. Appearances and answers shall 
 be filed in the superior court within thirty days Answers, 
 after the appeal is entered/ unless for good cause 
 further time is allowed, and upon the motion of 
 either party the cause shall be advanced for 
 speedy hearing, and shall be tried by the court, 
 unless either party within the time allowed for 
 entering appearance claims trial by jury, in which 
 case issues for the jury shall be framed. Ques- 
 tions of law arising in the superior court may be 
 taken to the supreme judicial court for revision 
 by any party aggrieved, in the same manner as in 
 proceedings at law in the superior court. 
 
 This provision seems to imply that lands lying in different 
 counties or registry districts cannot be registered under one 
 application, even though they constitute one estate or hold- 
 ing. Cf. §§ 20, 24, 29, and 41. 
 
 Section 15. At the end of the proceedings on Final decree, 
 appeal the clerk of the superior court shall certify 
 to the court of registration the final decision on 
 the appeal, and the court of registration shall enter 
 the final decree in the cause, in accordance with 
 the certificate of the clerk of the superior court. 
 
 SECTioisr 16. If the party appealing does not Appeal must ' 
 duly prosecute his appeal within the time limited cuted" ^ ^™^^' 
 the original order, decision, or decree shall stand 
 as if no appeal had been taken.^ 
 
 Section 17. The court of registration in all court may en- 
 
 ,, 1-i-j.i • • T 1- c force orders or 
 
 matters over which it has jurisdiction may enforce decrees, 
 its orders or decrees, in the same manner as decrees 
 
 1 See § 38. 2 gee §§ 14, 63, H 2. 
 
SYSTEM OF LAND TRANSFEK. 
 
 Costs. 
 
 are enforced in equity, and upon the request of the 
 judge of registration the sheriff of any county 
 shall assign a deputy to attend the sittings of the 
 court in that county. 
 
 Section 18. Costs shall be taxed as in the 
 superior court sitting in equity, where no dif- 
 ferent provision is made. 
 
 Who may ap- 
 ply for Begis- 
 tratioD. 
 
 Owner. 
 
 Appointor. 
 
 Guardian. 
 
 Corporation. 
 
 Tenants. 
 
 Reversioner. 
 
 Mortgagor. 
 
 OEIGINAL EEGISTKATION. 
 
 Section 19. Application for registration of title 
 may be made by the following persons, namely : 
 
 First. The person or persons claiming, singly 
 or collectively, to own the legal estate in fee 
 simple. 
 
 Second. The person or persons claiming, singly 
 or collectively, to have the power of appointing or 
 disposing of the legal estate in fee simple.^ 
 
 Third. Infants and other persons under dis- 
 ability may make application by their legally 
 appointed guardians ; but the person in whose 
 behalf the application is made shall be named as 
 applicant. 
 
 Fourth. Corporations may make make applica- 
 tion by any ofl&cer duly authorized by a vote of 
 the directors : provided, however, that one or more 
 tenants for a term of years, which is regarded as 
 a fee simple in section one of chapter one hundred 
 and twenty-one of the Public Statutes,-^ shall not 
 be allowed to make application except jointly 
 with those claiming the reversionary interest 
 which makes up the fee simple at common law ; 
 nor shall a mortgagor make application without 
 
 1 Cf. § 48, and see § 104. 
 
SYSTEM OF LAND TRANSFEE. 9 
 
 the consent in writing of the mortgagee j nor a 
 married woman without the consent in writing of Married wo- 
 her husband, unless she holds the land as her sep- 
 arate property or has a power to appoint the same 
 in fee simple, or has obtained a decree of the pro- 
 bate court under the provisions of chapter two 
 hundred and fifty-five of the acts of the year 
 eighteen hundred and eighty-five, as amended by 
 chapter two hundred and ninety of the acts of 
 the year eighteen hundred and eighty-seven;^ nor 
 one or more tenants claiming undivided shares less Tenants, 
 than a fee simple in the whole land described in 
 the application. 
 
 Pub. Sts. ch. 121, § 1, provides, in substance, that where 
 land is demised for the term of one hundred years or more, 
 while fifty years thereof remain unexpired the term shall be 
 regarded as an estate in fee simple. 
 
 Acts of 1885, ch. 255, as amended by Acts of 1887, ch. 290', 
 provides, in substance, that a married woman may make a 
 will as if sole, but cannot thereby, without her husband's 
 written consent, deprive him of his tenancy by the curtesy, 
 nor his right to use half her real estate for life, nor of more 
 than half her personal property, unless she has a decree of 
 court establishing the fact that she is deserted by her hus- 
 band, or living apart from him for justifiable cause, in which 
 case she may by will or deed without her husband's consent 
 dispose of all her real and personal estate; or of her real 
 estate not exceeding five thousand dollars, where no issue 
 survives her. 
 
 Section 20. The application may be filed with Application to 
 the recorder, or with the assistant recorder at the 
 registry of deeds for the district in which the 
 land, or any portion thereof/ lies. Upon filing his 
 
 1 Cf. § 14 and note. 2 Cf. §§ 8, 41, 57. 
 
10 
 
 SYSTEM OF LAND TRANSFER. 
 
 application the applicant shall forthwith cause to 
 be filed in the registry of deeds for the said dis- 
 
 Memoiandum. trict or districts a memorandum stating that 
 application for registration has been filed, and 
 the date and place of filing, and a copy of the 
 description of the land contained in the applica- 
 tion. This memorandum shall be recorded and 
 indexed by the register with the records of deeds. 
 
 Index. Each assistant recorder shall also keep an index of 
 
 all applications in his district, and in every case 
 where the application is filed with him shall, after 
 recording, transmit the same, with the papers and 
 plans filed therewith, to the recorder. 
 
 It seems that, where it is necessary to give effect to the 
 clear intention of the Legislature, the word "may" is to be 
 construed in a mandatory sense, but that where neither the 
 context nor the general purpose of the act or instrument 
 manifestly requires an unusual interpretation, its use is then 
 merely directory. See Opinion of the Justices, 11 Pick. 543; 
 Worcester Co. v. Schlesinger, 16 Gray, 168; Commonwealth 
 V. Haynes, 107 Mass. 197; Hill v. Duncan, 110 Mass. 238; 
 Commonwealth v. Smith, 111 Mass. 407; Phillips v. Fadden, 
 125 Mass. 198, 201. 
 
 Section 21. The application shall be in writing, 
 signed and sworn to by the applicant or by some 
 person duly authorized ^ in his behalf. If there is 
 more than one applicant the application shall be 
 signed and sworn to by or in behalf of each. It 
 Contents. shall contaiu a description of the land, and shall 
 state whether the applicant is married : and if 
 married the name of the wife or husband ; and 
 if unmarried whether he or she has been married, 
 
 1 "Duly authorized," see § 104. Letter of attorney, sealed, acknowl- 
 edged, and recorded, is required. 
 
 Application to 
 be in writing. 
 
SYSTEM OF LAND TEANSFER. 11 
 
 and if so, when and how the marriage relation ter- 
 minated ; and if by divorce, when, where and by 
 what court the divorce was granted. It shall also 
 state the name in full and the address of the appli- 
 cant, and also the names and addresses of the ad- 
 joining owners and occupants, if Itnown ; and if not 
 known it shall state what search has been made to 
 find them. It may ^ be in form as follows : 
 
 COMMONWEALTH OF MASSACHUSETTS. Form of Appli- 
 
 cation. 
 
 To the Honorable the Judge of the Court of Registration. 
 
 I (or we) the undersigned, hereby apply to have the land 
 hereinafter described brought under the operation and pro- 
 visions of the land registration act, and to have my (or our) 
 title therein registered and confirmed. And I (or we) de- 
 clare : (1) That I am (or we are) the owner (or owners) in fee 
 simple of a certain parcel of land^ with the buildings (if any, 
 and if not, strike out the clause), situate in (here insert accu- 
 rate description). (2) That said land at the last assessment 
 for taxation was assessed at dollars ; ' and the build- 
 
 ings (if any) at dollars. (3) That I (or we) do not 
 
 know of any mortgage or encumbrance affecting said land, or 
 that any other person has any estate or interest therein, legal 
 or equitable, in possession, remainder, reversion, or expec- 
 tancy. (If any, add "other than as follows," and set 
 forth each clearly.) (4) That I (or we) obtained title (if 
 by deed, state name of grantor, date and place of record, 
 and file the deed or state reason for not filing. If in any 
 other way, state it). (5) That said land is occupied. 
 
 (If occupied state name in full and place of residence and post 
 office address of occupant and the nature of his occupancy. 
 If unoccupied, insert "not.") (6) That the names in full 
 and addresses as far as known to me (or us) of the occupants * 
 
 1 See note to § 19. The Court of Registration has adopted this form. 
 
 ^ All privileges and appurtenant easements should unquestionably be 
 referred to at the end of the description of the land. 
 
 ' The reason for this requirement is not apparent. No provision is 
 made for land which was assessed as part of a larger parcel. 
 
 * Qucere, how far is this intended to apply to hotels, tenements, office 
 buildings, apartment houses, etc. ? 
 
12 SYSTEM OF LAND TRANSFEE. 
 
 of all lands adjoining said land are as follows : (Give street 
 and number wherever possible. If names not known state 
 whether inquiry has been made, and what inquiry.) (7) That 
 the names and addresses so far as known to me (or us) of the 
 owners of all lands adjoining the above land are as follows: 
 (Same directions as above.) (8) That I am (or we are) mar- 
 ried. (Follow literally the directions given in section twenty- 
 one of the land registration act.) (9) That my (or our) full 
 name (or names), residence and post office address is (or are) 
 as follows: 
 
 Dated this day of in the year eighteen hundred 
 
 and ninety- 
 
 (Schedule of documents.) (Signature.) 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 
 ss 189 
 
 The a personally appeared the above named , known 
 
 to me to be the signer (or signers) of the foregoing applica- 
 tion, and made oath that the statements made therein, so far 
 as made of his (or their) own knowledge are true, and so far 
 as made upon information and belief, that he (or they) believe 
 them to be true, before me, 
 
 Justice of the Peace. 
 
 Non-resident Section 22. If the applicant is not a resident 
 
 applicant. en 
 
 of the Commonwealth he shall file with his appli- 
 cation a paper appointing an agent residing in the 
 Commonwealth, giving his name in full and post 
 office address, and shall therein agree that the 
 service of any legal process in proceedings under 
 or growing out of the application shall be of the 
 same legal effect when made on Said agent, as if 
 made on the applicant within the Commonwealth. 
 If the agent dies, or removes from the Common- 
 wealth, the applicant shall at once make another 
 appointment; and if he fails to do so the court 
 may dismiss the application. 
 
 On foreign Executors and Trustees, see Pub. Sts. ch. 132, 
 §§ 8-13. On foreign Corporations, see Acts of 1884, ch. 330. 
 
SYSTEM OF LAND TEANSFEE. 13 
 
 Section 23. Amendments to the application, Amendments, 
 including joinder, substitution, or discontinuing as 
 to parties, shall be allowed by the court at any 
 time upon terms that are just and reasonable ; Terms, 
 but all amendments shall be in writing, signed 
 and sworn to, like the original. 
 
 Section 24. An application may include two what appiica- 
 or more contiguous parcels of land within the ciude. 
 same registry district.^ But two or more persons 
 claiming in the same parcels different interests, 
 which collectively make up the legal estate in fee 
 simple in each parcel, shall not join in one appli- 
 cation for more than one parcel unless their inter- 
 ests are alike in each and every parcel. The 
 court may at any time order an application to be 
 amended by striking out one or more of the par- 
 cels, or by a severance of the application. 
 
 Qucere, whether this refers to the quality or quantity of 
 interests, or whether it includes both? 
 
 Section 25. If the application describes the Land bounded 
 land as bounded on a public or private way it °°™^' 
 shall state whether or not the applicant claims 
 any and what land within the limits of the way, 
 and whether the applicant desires to have the. line 
 of the way determined. 
 
 Section 26. The applicant shall file with the Plans, 
 application a plan^ of the land, and all original 
 muniments of title within his control mentioned Deeds, 
 in the schedule of documents. Such original mu- 
 niments as affect land not included in the appli- 
 
 1 Cf. § 14. 
 
 2 Qucere, does this mean a plan drawn by an engineer after a survey of 
 the land? See §36. 
 
14 SYSTEM OF LAND TRANSFER. 
 
 cation may be withdrawn on filing certified copies 
 of the same. When an application is dismissed 
 or discontinued the applicant may, with the con- 
 sent of the court, withdraw such original muni- 
 ments of title. 
 When subject Sectiox 27. When an application is made 
 
 to mortgage or . , ^ 
 
 lease. sub]ect to an existing mortgage or lease, executed 
 
 by the applicant or some predecessor in title, the 
 applicant shall file with the application a certified 
 copy of the mortgage or lease, and cause the 
 original to be presented for registration, before 
 a decree of registration is entered. 
 
 Why the original in addition to the certified copy? The 
 mortgage or lease may be outside of the Commonwealth; and 
 even if inside the applicant has no power or authority to 
 compel its production. It may have been lost or destroyed. 
 What is to happen if it be not produced ? See § § 105 and 
 107. 
 
 Court may re- Sectiok 28. The court may by general rule 
 
 quire addition- . . ./ ./ o 
 
 ai facts, etc. require facts to be stated in the application in 
 addition to those prescribed by this act, and not 
 inconsistent therewith, and may require the filing 
 of any additional papers. 
 Proceedings Sectio'N' 29. After the filing of an application, 
 
 sale, etc. and before registration, the land therein described 
 
 may be dealt with, and instruments relating thereto 
 shall be recorded in the same manner as if no such 
 application had been filed ; but all instruments left 
 for record relating to such land shall be indexed in 
 the usual manner in the registry indexes, and also 
 in the index of applications.^ As soon as an appli- 
 cation is disposed of the recorder shall make a 
 
 » Cf. § 39, sixth clause. 
 
SYSTEM OF LAND TRANSFER. 15 
 
 memorandum stating the disposition of the case, 
 and shall send the same to the register of deeds 
 for the proper district or districts/ who shall re- 
 cord and index it with the records of deeds, and 
 in the index of applications. If the proceedings 
 upon the application end in a decree of registration 
 of title the land included therein shall, as soon as 
 the said decree is transcribed, as hereinafter pro- 
 vided in section forty-one, become registered land, 
 and thereafter no deeds or other instruments relat- 
 ing solely to such land shall be recorded with the 
 records of deeds, but shall be registered in the regis- 
 tration book and filed and indexed with the records 
 and documents relating to registered land. 
 
 Cf. § 41. 
 
 This provision is one of the most important and far reach- 
 ing of all. In effect it requires one who sells or mortgages 
 land, and also the vendee and mortgagee, to know whether 
 or not the land has heen previously registered by any former 
 owner, and if he cannot satisfy himself on this point to deal 
 with it at his peril. The provision points out emphatically 
 the need of most thorough oiEcial indexes by localities as 
 well as by names ; and it may lead up to the introduction of 
 the " Block system " as an integral part of efficacious land 
 registration. See the pamphlet by John L. Thorndike, Es- 
 quire, published anonymously, and referred to in the Bibli. 
 ography, p. 80. Cf. § 49. 
 
 Under the Victorian "Transfer of Land Statute," it has 
 been held by the House of Lords that those dealing with 
 land registered must ascertain at their own peril the exist- 
 ence and identity of the registered owner, the authority of 
 his agent, and the validity of his deed, but need not investi- 
 gate the title prior to such registration. Gibbs v. Messer, 
 L. R. Appeal Cas. (1891), p. 248. 
 
 Section 30. Immediately after the filing of 
 an application the court shall enter an order re- 
 1 Cf. § u. 
 
16 SYSTEM OF LAND TEANSFER. 
 
 Report of ex- ferrinff it to one of the examiners of title, who 
 
 aminers. . 
 
 shall search the records and investigate all facts 
 stated in the application, or otherwise brought to 
 his notice, and file in the case a report thereon, 
 concluding with a certificate of his opinion upon 
 the title. The recorder shall give notice to the 
 applicant of the filing of such report. If the 
 opinion of the examiner is adverse to the appli- 
 cant he shall be allowed by the court a reasonable 
 time in which to elect to proceed further or to 
 withdraw his application. The election shall be 
 made in writing and filed with the recorder. 
 
 Is the examiner to make his own search, or to confine his 
 attention to information and matters supplied by the appli- 
 cant ? If the latter, the most interested party can produce 
 or suppress what he thinks most helpful or adverse to his 
 interests. 
 
 The examiner is given broader powers, and to a great 
 extent control over interests in land, far beyond what au- 
 ditors in cases at law, or masters in causes in equity, now 
 have in Massachusetts. See note to § 2. 
 
 Section 31. If, in the opinion of the exam- 
 iner, the applicant has a good title as alleged, and 
 proper for registration, or, if the applicant after 
 an adverse opinion of the examiner, elects to pro- 
 ceed further, the recorder shall, immediately upon 
 the filing of the examiner's opinion, or the appli- 
 Noticeofappii- caut's election, as the case may be, cause notice of 
 
 cation. ^ ni- i- •/ ' 
 
 the filing of the application to be published by the 
 recorder in some newspaper published in the dis- 
 trict where any portion of the lands lie. The 
 notice shall be issued by the order of the court, 
 attested by the recorder, and shall be in form 
 substantially as follows : 
 
SYSTEM OF LAND TKANSFEK. 17 
 
 eegistkation of title. 
 Suffolk ss. Coukt of Eegistkation. 
 
 To (here insert the names of all persons known to have an 
 adverse interest, and the adjoining owners and occupants, so 
 far as known), and to all whom it may concern : 
 
 Whbkeas an application has been presented to said court 
 by (name or names and address in full) to register and con- 
 firm his (or their) title in the following described land (insert 
 description). 
 
 You are hereby cited to appear at the court of registration 
 to be held at , in said county of on the 
 
 day of , A. D., , at o'clock in the fore- 
 
 noon, to show cause, if any you have, why the prayer of said 
 application should not be granted. And unless you appear 
 at said court at the time and place aforesaid your default will 
 be recorded, and the said application will be taken as con- 
 fessed, and you will be forever barred from contesting said 
 application or any decree entered thereon. 
 
 Witness Esquire, judge of said court, this 
 
 day of in the year eighteen hundred and ninety- 
 
 Attest : 
 
 Recorder. 
 
 Cf. § 5, which reads: "Citations, orders of notice, and 
 all other process issuing from the court shall bear test of the 
 judge of registration, and be under the seal of the court and 
 signed by the clerk." It seems that the word " recorder " in 
 the fifth line of the section must be a misprint for "court"; 
 cf. § 92. 
 
 Is one publication enough? 
 
 Cf. § 5, requiring orders of notice, etc., to be "under the 
 seal of the court." 
 
 Ought not the words "Commonwealth of Massachusetts" 
 to appear also ? 
 
 Section 32. The return day of said notice Return day. 
 shall be not less than twenty nor more than sixty 
 days from the date of issue. The court shall also, 
 within seven days after publication of said notice Notices. 
 
18 SYSTEM OF LAND TRANSFER. 
 
 in a newspaper, cause a copy of the same to be 
 mailed by the recorder to every person named 
 therein whose address is known. The court shall 
 also cause a duly attested copy of the notice to be 
 posted in a conspicuous place on each parcel of 
 land included in the application, by a sheriff or 
 deputy sheriff, fourteen days at least before the 
 return day thereof, and his return shall be conclu- 
 sive proof of such service. If the applicant re- 
 quests to have the line of a public way determined 
 the court shall order notice to be given by the re- 
 corder, by mailing a registered letter to the mayor 
 of the city or to one of the selectmen of the town 
 or towns in which the land lies, or, if the way is a 
 highway, to one of the county cominissioners of 
 the county or counties in which the land lies. If 
 the land borders on a river, navigable stream, or 
 shore, or on an arm of the sea where a river or 
 harbor line has been established, or on a great 
 pond, or if it otherwise appears from the applica- 
 tion or the proceedings that the Commonwealth 
 may have a claim adverse to that of the applicant, 
 notice shall be given in the same manner to the 
 attorney-general. The court may also cause other 
 or further notice of the application to be given 
 in such manner and to such persons as it may 
 deem proper. The certificate of the recorder that 
 he has served the notice as directed by the court, 
 by publishing or mailing, shall be filed in the case 
 Proof of ser- before the return day, and shall be conclusive proof ^ 
 of such service. 
 
 1 Conclusiye proof, cf. § 109. Notice is a fact to te proved, like other 
 facts, by evidence, either direct or circumstantial. See Am. and Eng. 
 
 vice. 
 
SYSTEM OF LAND TRANSFER. 19 
 
 Section 33. Upon the return day of the notice, 
 and proof of service ^ of all orders of notice issued, 
 the court may appoint a disinterested person to act 
 as guardian ad litem for minors, and for all per- Guardian ad 
 
 litem. 
 
 sons not in being who may have an interest. The 
 compensation of the guardian or agent shall be 
 determined by the court and paid as part of the 
 expenses of the court. 
 
 SECTioisr 34. Any person claiming an interest, Answer to ap- 
 whether named in the notice or not, may appear 
 and file an answer on or before the return day, or 
 within such further time as may be allowed by the 
 court. The answer shall state all objections to the 
 application, and shall set forth the interest claimed 
 by the party filing the same, and shall be signed 
 and sworn to by him or by some person in his 
 behalf.^ 
 
 Section 35. If no person appears and answers Default, 
 within the time allowed the court may at once 
 upon motion of the applicant, no reason to the 
 contrary appearing, order a general default to be 
 
 Encyc. of Law, 1st ed., vol. 16, p. 827. The weight of evidence is a mat- 
 ter exclusively for the jury. Ewing v. Burnet, 1 1 Pet. 41 ; Hyde v. Stone, 
 20 How. 1 70. And whether the evidence be sufficient is also a question 
 for the jury. Metropolis Bank v. Guttschlick, 14 Pet. 19. A person not 
 notified of an action nor a party thereto, and who had no right or oppor- 
 tunity to control the defence, to introduce or cross-examine witnesses, or 
 to prosecute a writ of error, is not bound by the judgment therein ren- 
 dered. Hale V. Finch, 104 U. S. 261. Suits at common law, within the 
 meaning of the Seventh Amendment to the Constitution of the United 
 States, giving the right of trial by jury, are all suits not of equity or ad- 
 miralty jurisdiction in which legal rights are determined, whether by 
 proceedings known to the common law or not. Parsons r. Bedford, 3 Pet. 
 433; see also Edwards ». Elliott, 21 Wall. 532; Pearson u. Yewdall, 95 
 U. S. 294 ; Walker v. Sauvinet, 92 TJ. S. 90. 
 
 1 See note to previous section ; also § 1 09. 
 
 " " In his behalf"; see § 21, note 1. 
 
29 SYSTEM OF LAND TRANSFER. 
 
 recorded and the application to be taken for con- 
 fessed. By the description in the notice, " to all 
 whom it may concern," ^ all the world are made 
 parties defendant and shall be concluded by the 
 default and order.^ After such default and order 
 the court may enter a decree confirming the title 
 of the applicant and ordering registration of the 
 same. The court shall not be bound by the report 
 of the examiner of title, but may require other or 
 further proof. 
 
 The Fourteenth Amendment of the Constitution of the 
 United States provides that no State shall "deprive any 
 person of life, liberty, or property without due process of 
 law." In judicial proceedings "due process of law " requires 
 notice, hearing, right of appeal, and final judgment. As to 
 sufficiency of notice, the law seems to be that in proceedings 
 in personam personal service, or its equivalent, by leaving 
 a copy of the writ or summons at the defendant's last and 
 usual place of abode, must be made ; while in proceedings in 
 rem, when the process of the court issues against the thing 
 which is in the custody of the court, and is technically the 
 defendant, it is not essential to the jurisdiction that the 
 persons having an interest in the thing to be affected by 
 the judgment should have personal notice of the proceedings, 
 or in fact any other notice than such as is implied by the 
 seizure of the thing itself, and that consequently substituted 
 service or notice by publication is sufficient. Pennoyer v. 
 Neff, 95 U. S. 714; Freeman v. Alderson, 119 U. S. 185; 
 Arndt v. Griggs, 134 U. S. 316 ; The People v. Chase, 165 
 111. 527 ; State v. Guilbert, 56 Ohio St. 675. 
 
 See also D'Arcy v. Ketchum, 11 How. 165 ; Webster v. 
 Eeid, 11 How. 437; Cooper v. Reynolds, 10 Wall. 308; 
 Eliot V. McCormick, 144 Mass. 10; Stone v. Wainwriglit, 147 
 Mass. 201 ; Needham v. Thayer, 147 Mass. 536 ; Rand w. 
 
 I See § 32, note, and §§ .38 and 92. 
 
 ^ Except as hereinafter provided ; see § 38. 
 
SYSTEM OF LAND TRANSFER. 21 
 
 Hanson, 154 Mass. 87; Short v. Caldwell, 155 Mass. 57; 
 Mooney v. Hinds, 160 Mass. 469 ; Merrill v. Beckwith, 163 
 Mass. 503 ; Chase v. Henry, 166 Mass. 577 ; Kimhall v. 
 Sweet, 168 Mass. 105; Bordwell v. Collins, 44 Minn. 97; 
 Brown v. Board of Levee Com., 50 Minn. 468. 
 
 It may be conceded, in the language of the United States 
 Supreme Court, that "the power of the State to regulate 
 the tenure of real property within her limits, and the modes 
 of its acquisition and transfer, ... is undoubted." United 
 States V. Fox, 94 U. S. 315, 320 ; McCormick v. Snllivant, 
 10 Wheat. 202. 
 
 But such regulations must be exercised strictly in accord- 
 ance with the provisions and limitations of the Constitution 
 of the United States, and of the Constitution of the particular 
 State the legislature of which exercises the power. Const. 
 U. S. Amdt. XIV., and Mass. Dec. Eights, Art. XII. 
 
 The latest and most complete discussion of these principles 
 is to be found in the case of Amdt v. Griggs, supra. See 
 also United States v. Southern Pac. R. E., 63 Fed. Rep. 481. 
 
 The most striking point in the act under discussion is the 
 fact that the proceedings are in substance instituted ex parte 
 by an owner who desires to register land, and do not purport 
 to be a trial of title, or a suit to remove clouds from title. 
 
 It is further to be observed that, in proceedings instituted 
 under local statutes for quieting titles, it is essential to allege 
 and prove the existence of some actual or possible claim of 
 right or title adverse to that of the petitioner, or which, if 
 valid, renders his ownership less than an absolute and entire 
 fee simple. Such proceedings are efficient only in respect of 
 such claim, and no pretence is made that they quiet the 
 whole title of the petitioner as against all the world, or that 
 they "bind the land" in respect of anything beyond the 
 claim referred to in the petition. See Loring v. Hildreth, in 
 equity, 170 Mass. 328. 
 
 Such proceedings differ in theory and in principle from 
 cases where all the world are concluded in respect of the 
 general title, as, for example, in cases of sale for non-payment 
 of State, county, or municipal taxes, or for non-payment of 
 United States revenue taxes, and the like. 
 
 There the sovereign power of the State, or that of the Fed- 
 
22 SYSTEM OF LAND TRANSFER. 
 
 eral government, is invoked because the public needs demand 
 its exercise. 
 
 Such power never has been and apparently cannot be, under 
 our existing constitutional protection, exercised in favor of 
 an owner of land against claimants of rights or interests in 
 the same property which he alleges are only derogatory of his 
 control over the same, or stand between him and absolute 
 ownership. 
 
 See note to § 85, fost. And compare Article on Land 
 Transfer Reform. — Habv. Law Rev., IV. p. 280. 
 
 In Hart v. Sausom, 110 U. S. 151, it was held that a 
 decree of a State court for the removal of a cloud upon the 
 title of land within the State, rendered against a citizen of 
 another State, who lias been cited by publication only, as 
 directed by the local statutes, is no bar to an action by him 
 in the Circuit Court of the United States to recover the land 
 against the plaintiff in the former suit. 
 
 But this case was criticised and explained by later decis- 
 ions of the United States Supreme Court, and declared upon 
 re-examination not to be inconsistent with the earlier decis- 
 ions of that court with which it was apparently in conflict. 
 
 The expression " due process of law " will be found further 
 discussed in the following named cases, some of which, how- 
 ever, relate to criminal proceedings : Holland v. Challen, 110 
 U. S. 15; Boswell's Lessee v. Otis, 9 How. 336, 349 ; Parker 
 V. Overman, 18 How. 137, 140 ; Clark v. Smith, 13 Pet. 195, 
 203 ; Pennoyer v. NefE, 95 U. S. 714, 727, 734 ; Huling v. 
 Kaw Valley Ry., 130 U. S. 659, 563 ; Mellen v. Moline Iron 
 Works, 131 U. S. 352 ; Leeper v. Texas, 139 U. S. 462 ; Cald- 
 vrell V. Texas, 137 U. S. 692. See also 18 Stat. 472. 
 
 The question still remains whether the statement in the 
 Act that the decree of registration "shall bind the land" 
 leaves the case in the category of proceedings in rem, or in 
 that of proceedings in personam. 
 
 If the proceedings for bringing land under the act can be 
 said to be proceedings in rem, at common law, then these 
 provisions for notice are apparently valid and sound, and the 
 act is in respect of them constitutional. 
 
 If, on the other hand, they are proceedings in personam, 
 these provisions are apparently unconstitutional. 
 
SYSTEM OF LAND TEANSFER. 23 
 
 That they fall in the latter category appears to be plain 
 from the fact that the court created by the law is essentially 
 made a court of equity by the very terms of the act. 
 
 See Loring v. Hildreth, supra. 
 
 Section 36. If in any case an appearance is Hearing before 
 entered and answer filed the cause shall be set 
 down for hearing on the motion of either party, 
 but a default and order shall first be entered against 
 all persons who do not appear and answer, in the 
 manner provided in the preceding section. The 
 court may refer the cause or any part thereof to 
 one of the examiners of title, as master, to hear 
 the parties and their evidence, and make report 
 thereof to the court. His report shall have the 
 same weight as that of a master appointed by the 
 superior court in equity, and he shall proceed ac- 
 cording to the riiles of said court applicable to 
 masters,^ except as the same may be modified by 
 the rules of the court of registration. The court 
 may in any case before decree require a survey to Surveys. 
 be made for the purpose of determining boun- 
 daries, and may order durable bounds to be set, and 
 referred to in the application, by amendment. The 
 expense of survey and bounds shall be taxed in the Expense, 
 costs of the case, and may be apportioned among 
 the parties as justice may require. If no persons 
 appear to oppose the application, such expense 
 shall be borne by the applicant.^ 
 
 Section 37. If in any case the court finds that Rejection or 
 the applicant has not title proper for registration, application, 
 a decree shall be entered dismissing the applica- 
 tion, and such decree may be ordered to be without 
 
 1 See Rules of the Superior Court, xviii., xxm., xxx., xxxi., xxxu. 
 
 2 See also § 26. 
 
24 
 
 SYSTEM OF LAND TRANSFER. 
 
 prejudice.-^ The applicant may withdraw his ap- 
 plication at any time before final decree, upon 
 terms to be fixed by the court. 
 
 An interesting discussion of the effect of a withdrawal 
 without prejudice hy the defendant in an action is to be 
 found in the case of Creighton v. Kerr, 20 Wall. p. 8. Such 
 withdrawal leaves the plaintiff with all advantages obtained 
 during the proceedings up to that time. But it may be open 
 to question whether a dismissal by the court, in which the 
 defendant or respondent takes no part, has the same effect. 
 
 Decree of regis- 
 tration con- 
 clusive. 
 
 Final, except 
 on review. 
 
 SECTioisr 38. If the court after hearing finds 
 that the applicant has title as stated in his appli- 
 cation, and proper for registration, a decree of 
 confirmation and registration shall be entered. 
 Every €ecree of registration shall bind the land,^ 
 and quiet the title thereto, svibject only to the ex- 
 ceptions stated in the following section. It shall 
 be conclusive upon and against all persons, includ- 
 ing the Commonwealth, whether mentioned by 
 name in the application, notice or citation, or in- 
 cluded in the general description " to all whom it 
 may concern." ^ Such decree shall not be opened 
 by reason of the absence, infancy or other disabil- 
 ity of any person affected thereby, nor by any pro- 
 ceeding at law or in equity for reversing judgments 
 or decrees ; subject, however, to the right of any 
 person deprived of land or of any estate or inter- 
 est therein by a decree of registration obtained by 
 fraud * to file a petition for review within one year 
 after the entry of the decree, provided no innocent 
 
 1 This matter is evidently left to the discretion of the court. 
 ^ See § 45. s gee § 32, note, and § 35. 
 
 * See § 55. 
 
SYSTEM OF LAND TRANSFER. 25 
 
 purchaser for value has acquired an interest.^ If 
 there is any such purchaser the decree of registra- 
 tion shall not be opened, but shall remain in full 
 force and effect forever, subject only to the right 
 of appeal hereinbefore provided.^ But any person 
 aggrieved by such decree in any case may pursue 
 his remedy by action of tort against the applicant 
 or any other person for fraud in procuring the 
 decree.^ 
 
 For a discussion of the effect here attempted to be given 
 to the decree of registration, see note to section 35, supra. 
 
 Section 39. Every applicant receiving a cer- Encumbrances, 
 tificate of title in pursuance of a decree of 
 registration, and every subsequent purchaser of 
 registered land who takes a certificate of title 
 for value and in good faith, shall hold the same 
 free from all encumbrances except those noted 
 on the certificate, and any of the following en- 
 cumbrances which may be subsisting, namely : — 
 
 First. Liens, claims or rights arising or exist- Lieus. 
 ing under the laws or constitution of the United 
 States which the statutes of this Commonwealth 
 cannot require to appear of record in the reg- 
 istry. 
 
 Second. Taxes within two years after the same Taxes, 
 have been committed to the collector. 
 
 Third. Any highway, town way, or any pri- 
 vate way laid out under the provisions of section Under Pub. 
 sixty-five of chapter forty-nine of the Public Stat- '^'' ' ' 
 
 1 Cf. § 14. Except in cases of fraud there is no appeal after the expi- 
 ration of thirty days from the entering of decree. 
 
 z See § 14. 
 
 s Qusere as to case where decree may have been wrongfully or mis- 
 talcenly, but not fraudulently procured? See §§ 55, 96, 97. 
 
26 
 
 SYSTEM OF LAND TRANSFER. 
 
 Lease- 
 
 Assessment. 
 
 Easements. 
 
 Convevances. 
 
 utes,^ or any act in amendment thereof or in sub- 
 stitution therefor, where the certificate of title 
 does not state that the boundary of such way has 
 been determined. 
 
 Fourth. Any lease for a term not exceeding 
 seven years. 
 
 Fifth. Any liability to assessment for better- 
 ments, or other statutory liability which may 
 attach to land in this Commonwealth as a lien 
 prior to, or independent of, the recording or reg- 
 istering of any paper : provided, however, that if 
 there are easements or other rights appurtenant 
 to a parcel of registered land which for any rea- 
 son have failed to be registered,^ such easements 
 or rights shall remain so appurtenant notwith- 
 standing such failure, and shall be held to pass 
 with the land until cut off or extinguished by the 
 registration of the servient estate, or in any other 
 manner. 
 
 Sixth. Any conveyances, liens or other encum- 
 brances made subsequent to the filing of the ap- 
 plication for original registration and prior to the 
 transcription of the decree for registration by the 
 assistant recorder.^ 
 
 This provision seems most unsatisfactory and too far- 
 reaching. It puts it in the power of the applicant to nullify 
 all the proceedings without any withdrawal or other action 
 on his part in the suit in the court of registration, by the 
 simple making and delivery of a deed. Of. also § 59. 
 
 1 Ch. 49, § 65, proTides that "The selectmen or road commissioners 
 may lay out or alter town ways for the use of their respective towns, and 
 private ways for the use of one or more of the inhabitants thereof ; or 
 may order specific repairs to be made upon such ways." 
 
 2 See § 21, note 2. a cf. § 29. 
 
SYSTEM OF LAND TRANSFER. 27 
 
 Seventh. Any attachments on mesne process. Attachment. 
 
 Section 40. Every decree of registration shall Decree of regis- 
 bear date of the year, day, hour and minute of 
 its entry, and shall be signed by the recorder. It 
 shall state whether the owner is married or un- 
 married, and if married the name of the husband 
 or wife. If the owner is under disability it shall 
 state the nature of the disability, and if a minor 
 shall state his age. It shall contain a description 
 of the land as finally determined by the court, 
 and shall set forth the estate of the owner, and 
 also, in such manner as to show their relative 
 priority, all particular estates, mortgages, ease- 
 ments, liens, attachments and other encumbrances, 
 including rights of husband or wife, if any, to 
 which the land or the owner's estate is subject, 
 .and may contain any other matter properly to be 
 determined in pursuance of this act. The de- 
 cree shall be stated in a convenient form for tran- 
 scription upon the certificates of title hereinafter 
 mentioned. 
 
 Sectiost 41. Immediately upon the entry of Decree to be re- 
 the decree of registration the recorder shall send 
 a certified copy thereof, under the seal of the 
 court, to the register of deeds for the district or 
 districts in which the lands lie, and the register 
 as assistant recorder shall transcribe the decree 
 in a book to be called the registration book, in 
 which a leaf or leaves in consecutive order shall 
 be devoted exclusively to each title.^ The entry 
 
 1 What is to happen when two registered parcels are united in one 
 ownership'? Are they to go on as two titles, or to be consolidated? 
 Cf. § 44. 
 
 corded. 
 
28 SYSTEM OF LAND TRANSFER. 
 
 made by the assistant recorder in this book in 
 each case shall be the original certificate of title, 
 and shall be signed by him and sealed with the seal 
 of the court. All certificates of title shall be num- 
 bered consecutively, beginning with number one. 
 The assistant recorder shall in each case make an 
 Owner's dupii- cxact duplicate of the original certificate, includ- 
 ing the seal, but putting on it the words, " Owner's 
 duplicate certificate," and deliver the same to the 
 owner, or to his attorney duly authorized.-' In 
 case of a variance between the owner's duplicate 
 certificate and the original certificate the original 
 shall prevail. The certified copy of the decree of 
 registration shall be filed and numbered by the 
 assistant recorder, with a reference noted on it 
 to the place of record of the original certificate of 
 title : provided, however, that when an application, 
 includes land lying in more than one district the 
 court shall cause the part lying in each district 
 to be described separately by metes and bounds 
 in the decree of registration, and the recorder shall 
 send to the assistant recorder for each registry 
 district a copy of the decree containing a descrip- 
 tion of the land within that district, and the as- 
 sistant recorder shall register the same and issue 
 an owner's duplicate therefor, and thereafter for 
 all matters pertaining to registration under this 
 act the portion in each district shall be treated as 
 a separate parcel of land.* 
 
 Section 42. The certificate first registered in 
 pursuance of a decree of registration in regard to 
 any parcel of land shall be entitled in the regis- 
 
 1 See § 21, note. 2 See § 14. 
 
SYSTEM OF LAND TRANSFEE. 2^ 
 
 tration book, " Original certificate of title, en- Original certm- 
 tered pursuant to decree oi the court or regis- 
 tration, dated at" (stating time and place of 
 entry of decree and the number of the case). 
 The certificate shall take effect from the date 
 of the transcription of the decree. Subsequent 
 certificates relating to the same land shall be in 
 like form, but shall be entitled " Transfer from Transfer. 
 No. " (the number of the next previous certifi- 
 cate relating to the same land), and also the words, 
 " Originally registered '' (date, volume and page of 
 registration). 
 
 Section 43. Where two or more persons are Tenants in 
 
 " , _ common. 
 
 registered owners as tenants in common, or other- 
 wise, one owner's duplicate certificate may be 
 issued for the whole land, or a separate dupli- 
 cate may be issued to each for his undivided 
 share. 
 
 Section 44. A registered owner holding one separate cer- 
 
 ° . . ° tiflcates, 
 
 duplicate certificate for several distinct parcels of 
 land may surrender it, with the approval of the 
 court, and take out several certificates for portions 
 thereof. So a registered owner holding separate 
 duplicate certificates for several distinct parcels 
 may surrender them, and, with like approval, 
 take out a single duplicate certificate for the 
 whole land, or several certificates for different 
 portions thereof. Any owner subdividing a tract Plan of sui)- 
 of registered land into lots shall file with the 
 recorder a plan of such land, when applying for 
 a new certificate or certificates, and the court 
 before issuing the same shall cause the plan to 
 be verified, and require that all boundaries, streets 
 
30 
 
 SYSTEM OF LAND TRANSFER. 
 
 Registration 
 runs "with the 
 land. 
 
 No title by pre- 
 scription "or 
 adverse posses- 
 sion. 
 
 Certificates 
 conclusive 
 evidence. 
 
 Title. 
 
 and passageways shall be distinctly and accurately 
 delineated thereon.-^ 
 
 Section 45. The obtaining of a decree of regis- 
 tration and the entry of a certificate of title shall 
 be regarded as an agreement running with the 
 land/ and binding upon the applicant and all his 
 successors in title that the land shall be and for- 
 ever remain registered land, and subject to the 
 provisions of this act and of all acts in amendment 
 hereof. 
 
 Section 46. No title to registered land in dero- 
 gation of that of the registered owner shall be 
 acquired by prescription or adverse possession.^ 
 
 Section 47. The original certificate in the reg- 
 istration book, any copy thereof duly certified 
 under the signature of the recorder or an assistant 
 recorder, and the seal of the court, and also the 
 owner's duplicate certificate, shall be received as 
 evidence in all the courts of the Commonwealth, 
 and shall be conclusive as to all matters contained 
 therein, except so far as otherwise provided in this 
 
 act.* 
 
 Section 48. Every certificate of title shall set 
 
 forth the names of all the persons whose estates 
 
 make up the estate in fee simple in the whole 
 
 land,^ and duplicate certificates may be issued to 
 
 each person, but the recorder or assistant recorder 
 
 shall note in the registration book and on each 
 
 duplicate, to whom such duplicate was issued. 
 
 1 Cf. § 58. 2 See § 38. 
 
 8 Similar provisions exist in the English Act, 38 & 39 Vict. ch. 87, § 21, 
 and in the Laud Titles Act, 1885, § 25, of the Province of Ontario. This 
 provision works a change in the law of Massachusetts. See Pub. Sts. 
 ch. 126. Cf. the existing law as to non-acquirement of easements, Pub. 
 Sts. ch. 122. And see §70. 
 
 * See § 32, and note. » cf. § 19. 
 
SYSTEM OF LAND TEANSFER. 31 
 
 Section 49. The recorder, under the direction indexes. 
 of the court, shall make and keep indexes of all 
 applications and of all decrees of registration, and 
 shall also index and classify all papers and instru- 
 ments filed in his ofiice relating to applications 
 and to registered titles. The recorder shall also, 
 under the direction of the court, cause forms of Forms, etc. 
 indexes and registration and entry books to be 
 prepared for the use of the assistant recorders. 
 The court shall prepare and adopt convenient 
 forms of certificates of title, and shall also adopt 
 general forms of memoranda to be used by the 
 assistant recorders in registering the common 
 forms of conveyance, and other instruments to 
 express briefly their efEect.^ 
 
 VOLUNTARY DEALING WITH LAND AFTER ORIGINAL 
 REGISTRATION. 
 
 Section 50. An owner of registered land may Registered 
 convey, mortgage, lease, charge or otherwise deal c™eV?etc. 
 with the same as fully as if it had not been regis- 
 tered. He may' use forms of deeds, mortgages, 
 leases or other voluntary instruments like those 
 now in use and sufficient in law for the purpose 
 intended. But no deed, mortgage or other vol- 
 untary instrument, except a will and a lease for a 
 term not exceeding seven years, purporting to con- 
 vey or affect registered land, shall take effect as a 
 conveyance or bind the land, but shall operate 
 only as a contract between the parties, and as Contract. 
 evidence of authority to the recorder or assistant 
 
 ^ Of. § 29. And see the next section. See also § 79, directing that in 
 c&'tain cases the certificate shall contain reference to matters or facts upon 
 which the decree for registration is based. 
 
32 SYSTEM OF LAND TRANSFER. 
 
 Registration recorder to make registration.^ The act of regis- 
 necessary. tratioii shall be the operative act to convey or 
 affect the land, and in all cases under this act the 
 registration shall be made in the ofl&ce of the 
 assistant recorder for the district or districts 
 where the land lies. 
 
 This section is one of the most important in the acte If 
 registration by the recorder is alone sufficient to make the 
 title perfect in the purchaser, then the recorder is the sole 
 judge of the soundness and validity of the transfer, and if he 
 misjudges or mates a mistake serious trouble will follow. 
 On the other hand, if such registration is not sufficient, then 
 the purchaser, by his counsel, as under our present system, 
 must examine into and be satisfied of the validity and effect 
 of the transfer. And in the latter case the alleged advantages 
 of the new system would appear to have been exaggerated. 
 And in either event, if the recorder is to register transfers 
 and make memoranda based thereon, in his own sole discre- 
 tion, is not the principle laid down in Illinois violated ? And 
 can such a provision as is made by this section be upheld? 
 See note to § 1, ante. And even if this section is valid the 
 practical working of it will not be clear until its provis- 
 ions are supplemented by rules laid down by the Court of 
 Registration. 
 
 Suppose that X. takes an absolute deed of registered land 
 to the assistant recorder, without producing the owner's cer- 
 tificate or informiug the recorder that the land is registered, 
 and suppose further that X. does tliis in good faith. Is the 
 assistant recorder to receive such deed in his character of 
 assistant recorder, or in his capacity as register of deeds ? 
 Is he supposed to know that the land is registered land, or is 
 he to ask X., and rely on his answer, or is he to inquire into 
 it ? Is X. to wait while he does so ? If he is not to wait, 
 what is to be the effect of his leaving the deed and marching 
 off? These and further questions instantly suggest them- 
 selves, but the answers to them are not found in the act. 
 
 See again Gibbs v. Messer, already cited on page 15. 
 
 ^ See § 60. See § 52, which implies that the owner's duplicate certifi- 
 cate must be produced. 
 
SYSTEM OF LAND TEANSFER. 33 
 
 Section 51. Every conveyance, lien, attach- Eegistration to 
 ment, order, decree, instrument or entry affecting 
 registered land, which would under existing laws, 
 if recorded, filed or entered in the registry of 
 deeds, affect the real estate to which it relates, 
 shall, if registered, filed or entered in the office of 
 the assistant recorder of the district where the 
 real estate to which such instrument relates lies, 
 be notice to all persons from the time of such reg- 
 istering, filing or entering. 
 
 The provisions of this section will strike the reader as in 
 the nature of an apology for those of § 50. If registration 
 alone works a conveyance or binds the land, what need of 
 notice of anything after one registration until another is 
 asked for ? And if purchasers are entitled to rely on reg- 
 istration, what need of notice at all ? See note to § 60. 
 
 Section 52. No new certificate shall be entered No new certifi- 
 or issued upon any ti'ansfer of registered land 
 which does not divest the title in fee simple from 
 the owner or some one of the registered owners. 
 All interests in registered land less than an es- 
 tate in fee simple shall be registered by filing 
 with an assistant recorder the instrument creating 
 or transferring or claiming such interest, and by a 
 brief memorandum thereof made by an assistant 
 recorder upon the certificate of title, and signed by 
 him. A similar memorandum shall also be made 
 on the owner's duplicate. The cancellation or 
 extinguishment of such interests shall be regis- 
 tered in the same manner.' 
 
 Section 53. Where the assistant recorder is 
 in doubt upon any question, or where any party in 
 
 1 See § 50, and note. 
 3 
 
34 SYSTEM OF LAND TRANSFER. 
 
 interest does not agree as to the proper memoran- 
 dum to be made in pursuance of any deed, mort- 
 gage or other voluntary instrument presented for 
 Question re- registration, the question shall be referred to the 
 court for decision, either on the certificate of the 
 assistant recorder stating the question upon which 
 he is in doubt, or upon the suggestion in writing of 
 any party in interest ; and the court, after notice 
 to all parties and a hearing, shall enter an order 
 prescribing the form of memorandum to the assist- 
 ant recorder, who shall make registration in ac- 
 cordance therewith. 
 
 Suppose that neither the parties nor the assistant recorder 
 feels any doubt, but the latter acts under a mistake, what is 
 the effect ? See § 50, and note. 
 
 Personal de- Section 54. Every deed or other voluntary in- 
 
 scription in . , , , ^_ 
 
 deeds. strumcnt presented for registration shall contam or 
 
 have indorsed upon it the full name, place of resi- 
 dence, and post office address of the grantee or other 
 person acquiring or claiming an interest under such 
 instrument, and every deed shall also state whether 
 the grantee is married or unmarried, and if mar- 
 ried, give the name in full of the husband or wife. 
 Any change in the residence or post office address 
 of such person shall be indorsed by an assistant 
 recorder on the original instrument, on receiving a 
 sworn statement^ of such change. All names and 
 addresses shall also be entered on all certificates. 
 Notices ^ and process issued in relation to registered 
 land in pursuance of this act may be served upon 
 any person in interest by mailing the same to the 
 
 1 Sworn to by whom? 2 See § 5. 
 
SYSTEM OF LAND TRANSFER. 35 
 
 address so given, and shall be binding, whether 
 such person resides within or without the Com- 
 monwealth . 
 
 Section 55. 'No new certificate of title shall 
 be entered, and no memorandum shall be made 
 upon any certificate of title by the recorder or 
 any assistant recorder, in pursuance of any deed or 
 other voluntary instrument, unless the owner's 
 duplicate certificate is presented with such instru- certificate to 
 
 . , . , . 1 -, » . , 1 . be presented. 
 
 ment, except m cases expressly provided tor m this 
 act or upon the order of the court, for cause shown, 
 and whenever such order is made a memorandum 
 thereof shall be entered on the new certificate of 
 title and on the owner's duplicate. The produc- 
 tion of the owner's duplicate certificate whenever 
 any voluntary instrument is presented for registra- 
 tion shall be conclusive authority from the regis- 
 tered owner to the recorder or any assistant recorder 
 to enter a new certificate or to make a memoran- 
 dum of registration in accordance with such in- 
 strument, and the new certificate or memorandum 
 shall be binding upon the registered owner and 
 upon all persons claiming under him, in favor of 
 every purchaser for value and in good faith : pro- 
 vided, however, that in all cases of registration pro- 
 cured by fraud the owner may pursue all his legal Fraud, 
 and equitable remedies against the parties to such 
 fraud,-^ without prejudice, however, to the rights of 
 any innocent holder for value of a certificate of 
 title ; and provided, further, that after the transcrip- 
 tion of the decree of registration on the origi- 
 nal application, any subsequent registration under 
 
 1 See §§ 38, 96, 97. 
 
36 SYSTEM OF LAND TRANSFER. 
 
 this act procured by the presentation of a forged 
 duplicate certificate, or of a forged deed or other 
 instrument, shall be null and void. In case of the 
 
 Loss. loss or theft of an owner's duplicate certificate 
 
 notice shall be sent by the owner or by some one 
 in his behalf to the assistant recorder for the dis- 
 trict in which the land lies, as soon as the loss or 
 theft is discovered. 
 
 Eutry book. SECTION 56. Eacli assistant recorder shall keep 
 
 an entry book in which he shall enter in the order 
 of their reception all deeds and other voluntary 
 instruments, and all copies of writs or other pro- 
 cess filed with him relating to registered land. He 
 shall note in such book the year, month, day, hour 
 and minute of reception of all instruments, in the 
 order in which they are received. They shall be 
 
 Time. regarded as registered from the time so noted,^ and 
 
 the memorandum of each instrument when' made 
 on the certificate of title to which it refers shall 
 bear the same date. 
 
 Every deed or other instrument, whether volun- 
 tary or involuntary, so filed with the recorder or 
 assistant recorder, shall be numbered and indexed, 
 and indorsed with a reference to the proper certifi- 
 cate of title. All records and papers relating to 
 registered land in the office of the recorder or of 
 any assistant recorder shall be open to the public in 
 the same manner as probate records are now open, 
 subject to such reasonable regulations as the re- 
 corder, under the direction of the court, may make. 
 Duplicates of all deeds and voluntary instru- 
 ments filed and registered may be presented with 
 
 1 Cf. Pub. Sts. ch. 24. See also § 57. 
 
SYSTEM OF LAND TRANSFER. 37 
 
 the originals, and shall be attested and sealed by 
 the recorder or an assistant recorder, and indorsed 
 with the file number and other memoranda on the 
 originals, and may be taken away by the person 
 presenting the same. 
 
 Certified copies of all instruments filed and reg- certified 
 
 T 1 I'll i- copies. 
 
 istered may also be obtained at any time, on pay- 
 ment of the assistant recorder's fees. 
 
 CONVETAKCE IN FEE. 
 
 Sectiok 5*7. An owner desiring to convey in 
 fee his registered land or any portion thereof shall 
 execute a deed of conveyance, which the grantor Deeds, 
 or the grantee may present to the assistant recorder 
 in the district where the land lies.^ The grantor's 
 duplicate certificate shall be produced and presented 
 at the same time. The assistant recorder shall there- 
 upon make out in the registration book a new cer- New certifi- 
 tificate of title to the grantee, and shall prepare 
 and deliver to him an owner's duplicate certificate. 
 The assistant recorder shall note upon the original 
 and duplicate certificates the date of transfer, the 
 volume and page of the registration book where 
 the new certificate is registered, and a reference by 
 number to the last prior certificate. The grantor's 
 duplicate certificate shall be surrendered, and the 
 word "cancelled" stamped upon it. The original Cancellation, 
 certificate. shall also be stamped "cancelled." The 
 deed of conveyance shall be filed,^ and indorsed 
 with the number and place of registration of the 
 certificate of title of the land conveyed. 
 
 1 See § 41, proviso. 2 See §§ 8, 20, 56. 
 
38 SYSTEM OF LAND TRANSFEE. 
 
 Deed for part SECTION 58. When & deed in fee is for a part 
 only of the land described in a certificate of title, the 
 assistant recorder shall also enter a new certificate 
 and issue an owner's duplicate to the grantor for 
 the part of the land not included in the deed. In 
 every case of transfer the new certificate or cer- 
 tificates shall include all the land described in the 
 original and surrendered certificates : provided, 
 however, that no new certificate to a grantee of a 
 part only of the land shall be invalid by reason of 
 the failure of the assistant recorder to enter a new 
 certificate to the grantor for the remaining uncon- 
 veyed portion.^ 
 
 Section 59. If at the time of any transfer 
 
 Encumbrances, there appears upon the registration book encum- 
 brances or claims adverse to the title of the 
 registered owner they shall be stated in the new 
 certificate or certificates, except so far as they may 
 be simultaneously released or discharged.^ 
 
 MOKTGAGES. 
 
 Mortgage to be SECTION 60. The ownsr of registered land may 
 mortgage the same by executing a mortgage deed, 
 and such deed may be assigned, extended, dis- 
 charged, released in whole or in part, or otherwise 
 dealt with by the mortgagee by any form of deed 
 or instrument sufficient in law for the purpose. 
 But such mortgage deed, and all instruments as- 
 signing, extending, discharging and .otherwise 
 dealing with the mortgage, shall be registered, and 
 shall take effect upon the title only from the time 
 of registration.^ 
 
 1 Cf. § 44. 2 See also § 39. 
 
 * See § 50, and note, and cf. § 57, and see next section. 
 
SYSTEM OF LAND TRANSFER. 39 
 
 Section 61. Rearistration of a mortgage shall Mortgage, how 
 
 . •mi registered. 
 
 be made in the manner following, to wit : — The 
 owner's duplicate certificate shall be presented to 
 the assistant recorder with the mortgage deed, and 
 he shall enter upon the original certificate of title 
 and also upon the owner's duplicate certificate a 
 memorandum of the purport of the mortgage 
 deed, the time of filing and the file number of the 
 deed, and shall sign the memorandum. He shall 
 also note upon the mortgage deed the time of filing 
 and a reference to the volume and page of the 
 registration book where it is registered. 
 
 The assistant recorder shall also, at the request 
 of the mortgagee, make out and deliver to him a 
 duplicate of the certificate of title, like the owner's 
 duplicate, except that the words " Mortgagee's du- Mortgagee's 
 plicate" shall be stamped upon it in large letters "P"^"^' 
 diagonally across its face. A memorandum of the 
 issue of the mortgagee's duplicate shall be made 
 upon the original certificate of title. 
 
 SECTioisr 62. Whenever a mortgage upon which Assignment or 
 a mortgagee's duplicate has been issued is assigned, mortglfe. ° 
 extended, or otherwise dealt with, the mortgagee's 
 duplicate shall be presented with the instrument 
 assigning, extending or otherwise dealing with the 
 mortgage, and a memorandum of the instrument 
 shall be made upon the mortgagee's duplicate cer- 
 tificate. When the mortgage is discharged or 
 otherwise extinguished the mortgagee's duplicate 
 certificate shall be surrendered and stamped " can- 
 celled." The production of the mortgagee's dupli- 
 cate certificate shall be conclusive authority to 
 register the instrument therewith presented, subject 
 
40 SYSTEM OF LAND TRANSFEE. 
 
 however to all the provisions and exceptions con- 
 tained in section fifty-six of this act so far as the 
 same are applicable.^ 
 
 A mortgage on registered land may be dis- 
 charged ^ by the mortgagee in person on the regis- 
 tration book, in the same manner as a mortgage 
 on unregistered land may be discharged by an entry 
 on the record book in the registry of deeds, and 
 such discharge shall be attested by an assistant 
 recorder. 
 Foreclosure of SECTION 63. Mortgages of registered land may 
 moi age. ^^ forcclosed like mortgages of unregistered land ; 
 but in case of foreclosure by entry and possession 
 the certificate of entry required by section two of 
 chapter one hundred and eighty-one of the Public 
 Statutes^ shall be filed and registered by an assist- 
 ant recorder within thirty days after the entry, in 
 lieu of recording. After possession has been ob- 
 tained by the mortgagee or his assigns, by entry or 
 by action, and continued for the time required by 
 law to complete the foreclosure, he or his assigns 
 may petition the court of registration for the entry 
 of a new certificate, and the court, after notice to 
 all parties in interest, shall have jurisdiction to 
 hear the cause, and may order the entry of a new 
 certificate on such terms as equity and justice may 
 require. 
 Under Pub. In case of foreclosure by action as provided in 
 
 chapter one hundred and eighty-one of the Public 
 
 1 See also § 107, T 3. "Or otherwise dealt with, § 60. 
 
 ' Pub. Sts. i;. 181, § 2, provides, in substance, that where entry is made 
 for breach of condition in a mortgage, a certificate of entry shall be made 
 on the mortgage deed, or a certificate of two witnesses to the entry shall 
 be sworn to, such certificate to be recorded within thirty days. 
 
SYSTEM OF LAND TRANSFER. 41 
 
 Statutes, and by exercising the power of sale in 
 the mortgage under the direction of the court as 
 provided therein, a certified copy of the final de- 
 cree of the court confirming the sale may be filed Under power 
 with the assistant recorder, after the time for ap- 
 pealing therefrom has expired,-^ and the purchaser 
 shall thereupon be entitled to the entry of a new 
 certificate. 
 
 In case of foreclosure by exercising the power of Pub. sts. ch, 
 sale without a previous decree of court, the affidavit 
 required by section eighteen of chapter one hundred 
 and eighty-one of the Public Statutes^ shall be 
 filed and registered with the assistant recorder, in 
 lieu of recording. The purchaser at the foreclosure 
 sale or his assigns may thereupon at any time pre- 
 sent the deed under the power of sale to the assis- 
 tant recorder for filing and registration, and obtain 
 a new certificate, the owner's duplicate certificate 
 and the mortgagee's duplicate, if any, being first 
 delivered up and cancelled : provided, however, that 
 nothing contained in this act shall be construed to 
 prevent the mortgagor or other person in interest 
 from directly impeaching, by bill in equity or other- Bin to set aside 
 wise, any foreclosure proceedings affecting registered 
 land, prior to the entry of a new certificate of title. 
 
 After a new certificate of title has been entered 
 no judgment recovered on the mortgage note for 
 any balance due thereon shall operate to open the 
 foreclosure or affect the title to registered land.^ 
 
 1 See §§ U, 16. 
 
 ' Pub. Sta. ch. 181, § 18, provides, in effect, that the person selling 
 pursuant to the power of sale contained in a mortgagee deed may, within 
 thirty days after the sale, record his affidavit, which shall, if so recorded, 
 be evidence that the power was duly executed. 
 
 ^ See Wing v. Hayford, 124 Mass. 249 ; Jones on Mortgages, § 1227 ; 
 
42 
 
 SYSTEM OF LAND TRANSFER. 
 
 Leases. 
 
 LEASES. 
 
 Section 64. Leases of registered land for a 
 term of seven years or more shall be registered in 
 lieu of recording.-' A lessee's duplicate certificate 
 may be issued to the lessee upon his request, sub- 
 ject to the provisions hereinbefore made in regard 
 to a mortgagee's duplicate certificate, so far as the 
 same are applicable.^ 
 
 Memorandum 
 to be entered. 
 
 TRUSTS. 
 
 Trustj, Section 65. Whenever a deed or other instru- 
 
 ment is filed for the purpose of transferring regis- 
 tered land in trust, or upon any equitable condition 
 or limitation expressed therein, or for the purpose 
 of creating or declaring a trust or other equitable 
 interest in such land without transfer, the particu- 
 lars of the trust, condition, limitation, or other 
 equitable interest shall not be entered on the cer- 
 tificate ; but a memorandum thereof shall be entered 
 by the words "in trust," or "upon condition," or 
 other apt words, and by a reference by number to 
 the instrument authorizing or creating the same. 
 A similar memorandum shall be made upon the 
 duplicate certificate. The assistant recorder shall 
 note upon the original instrument creating or de- 
 Reference, daring the trust or other equitable interest a refer- 
 ence by number to the certificate of title to which 
 it relates, and to the volume and page in the regis- 
 tration book where it is registered. If the instru- 
 
 also Worcester, &c. Bank v. Thayer, 136 Mass. 459, and ch. 20.3 of the Acts 
 of 1896 (amending Pub. Sts. ch. 181, § 42), which changed the law of Mas- 
 sachusetts as to sales under power of sale mortgages. 
 
 1 Pub. Sts. ch. 120, § 4. 2 See §§ 62, 107, T 3. 
 
SYSTEM OF LAND TRANSFER. 43 
 
 ment creating or declaring a trust or other equitable 
 interest is already recorded in the registry of deeds 
 or of probate, a certified copy may be filed by the copy, 
 assistant recorder and registered. 
 
 Section 66. If the instrument creating or de- Power of sale. 
 daring a trust or other equitable interest con- 
 tains an express power to sell, mortgage, or deal 
 with the land in any manner, such power shall 
 be stated in the certificate of title by the words 
 "with power to sell," or "with power to mort- 
 gage," and by apt words of description in case of 
 other powers. No instrument transferring, mort- 
 gaging, or in any way dealing with registered land 
 held in trust shall be registered, unless the power 
 thereto enabling is expressly conferred in the in- 
 strument of trust, or unless the decree of a court 
 of competent jurisdiction on a bill for instructions 
 or other proceeding has construed the instrument 
 in favor of the power, in which case a certified 
 copy of such decree may be filed with the assist- 
 ant recorder, and he shall make registration in 
 accordance therewith. 
 
 This section makes the recorder the sole judge of the 
 validity and sufficiency of the power in question. See note 
 to § 50. 
 
 of new trustee. 
 
 Sbction 67. When a new trustee of registered AppomtmeDt 
 land is appointed by the supreme judicial court or 
 the superior or probate court, a new certificate shall 
 be entered to him upon presentation to the assist- 
 ant recorder of a certified copy of the decree and 
 the surrender of the duplicate certificate.^ 
 
 1 Semble, this should not te done until after the time for an appeal 
 from the decree of appointment has expired. 
 
44 SYSTEM OF LAND TRANSFER. 
 
 Implied or con- SECTION 68. Whoever claims an interest in reff- 
 
 structive trust. . _ , . , . .... ° 
 
 istered land by reason oi any implied or construc- 
 tive trust shall file for registration a statement 
 thereof with the assistant recorder. The statement 
 shall contain a description of the land, and a ref- 
 erence to the number of the certificate of title and 
 the volume and page of the registration book where 
 it is entered. Such claim shall not affect the title 
 of a purchaser for value and in good faith before 
 its registration. 
 Trustee may Sectiok 69. Any trustce shall have authority 
 
 apply for regis- .... . . » 
 
 tration. to file an application for registration of any land 
 
 held in trust by him, unless expressly prohibited 
 by the instrument creating the trust.-^ 
 
 LEGAL INCIDENTS OF REGISTERED LAND. 
 
 Land to remain SECTION 70. Registered land, and ownership 
 
 subject to legal . . ^ 
 
 incidents. therein, shall m all respects be subject to the same 
 burdens and incidents which attach by law to un- 
 registered land.^ Nothing contained in this act 
 shall in any way be construed to relieve registered 
 land or the ow^ners thereof from any rights inci- 
 dent to the relation of husband and wife, or from 
 liability to attachment on mesne process,^ or levy 
 on execution, or from liability to any lien of any 
 description established by law on land and the 
 buildings thereon, or the interest of the owner in 
 such land or buildings, or to change the laws of 
 descent, or the rights of partition between copar- 
 ceners and other co-tenants, or the right to take 
 the same by eminent domain,* or to relieve such 
 
 ' See § 19. 2 Cf. § 46. 
 
 8 See §§ 73-76. 4 See §§ 90, 91. 
 
SYSTEM OF LAND TEANSFER. 45 
 
 land from liability to be recovered by an assignee 
 in insolvency ^ under the provisions of law relating 
 to preferences, or to change or affect in any way 
 any other rights or liabilities created by law and 
 applicable to unregistered land, except as other- 
 wise expressly provided in this act or any amend- 
 ment hereof. 
 
 QuOBre, whether this supersedes the provision of § 14 and 
 § 38, which apparently cut off rights of husband and wife in 
 the absence of fraud if no appeal is claimed within thirty days 
 of entering of decree. But, semble, these provisions would 
 not affect the rights of a husband or wife in case of marriage 
 after registration. See § 39, clause sixth, which preserves 
 such rights if they attach during the proceedings, but cuts 
 them off by inference if they attach subsequent to registra- 
 tion, even though before the next transaction. There is 
 therefore here an apparent inconsistency; and the question 
 arises, How shall such right be established and preserved ? 
 No method is prescribed, and as buyers and mortgagees will 
 not care to assume any risk in such matters, they will be 
 forced in the absence of satisfactory proof that no such rights 
 exist to reject titles if they have any suspicion that there are 
 such claims. Gibbs v. Messer, supra. 
 
 Both dower and curtesy were abolished by the English 
 Land Transfer Bill of 1889, and by the South Australia In- 
 heritance Act, and have also been absolutely abolished in the 
 following States : Indiana, Iowa, Minnesota, Kansas, Cali- 
 fornia, Nevada, Colorado, Washington, the Dakotas, Idaho, 
 Wyoming, Utah, Missouri, and Arizona. See Stimson's 
 American Statute Law, Vol. I. p. 418, § 3202 (B). The 
 abolition of these feudal interests in land is desirable on gen- 
 eral grounds, but would seem especially advisable, if indeed 
 not necessary, in the case of registered land, if the land is to 
 be a quick asset, and the registered owner to have absolute 
 power of disposition. 
 
 1 The insolvent law of Massachusetts was superseded by the Act of the 
 United States Congress entitled "An Act to establish a Uniform System 
 of Bankruptcy throughout the United States," being ch. 171 of the Laws 
 of 1898, and which took effect July I, 1898. 
 
46 SYSTEM OF LAND TRANSFER. 
 
 ATTACHMENTS AND OTHER LIENS. 
 
 Attachments SECTION 71. In everj case where a writing of 
 
 and liens to be _ . . . . ... . , 
 
 registered. any description or a copy ot any writ is required 
 by law to be filed or recorded in the registry of 
 deeds in order to create or preserve any lien, right, 
 or attachment upon unregistered land, such writ- 
 ing or copy when intended to affect registered 
 land, in lieu of recording, shall be filed and regis- 
 tered^ in the office of the assistant recorder for 
 the same registry district in which the land lies, 
 and, in addition to any particulars required in 
 such papers for recording with records of deeds, 
 shall also, except in the case of attachment on 
 mesne process,^ contain a reference to the number 
 of the certificate of title of the land to be affected, 
 and the volume and page of the registration book 
 where the certificate is registered, and also, if the 
 attachment, right, or lien is not claimed on all the 
 land in any certificate of title, a description suffi- 
 ciently accurate for identification of the land 
 intended to be affected. 
 
 Notice of at- SECTION 72. In every case where an attachment 
 
 tachment or jii* -i -i* c n *|.' 
 
 lien. or otner lien or adverse claim ot any description is 
 
 registered, and the duplicate certificate is not pre- 
 sented at the time of registration to the assistant 
 recorder, he shall within twenty-four hours there- 
 after send notice by mail to the registered owner, 
 stating that such paper has been registered, and 
 requesting him to send or produce his duplicate 
 certificate in order that a memorandum of the 
 attachment, or other lien or adverse claim, may be 
 
 1 See § 56. 2 See §§ 73-76. 
 
SYSTEM OF LAND TRANSFER. 47 
 
 made thereon. If the owner neglects or refuses 
 to comply -within a reasonable time the assistant 
 recorder shall suggest the fact to the court, and 
 the court after notice shall enter an order to the 
 owner to produce his certificate at a time and 
 place to be named therein, and may enforce the 
 order by suitable process. 
 
 SECTioisr 73. Attachments on mesne process ^ continuance 
 
 '■ _ and discharge 
 
 and liens of every description upon registered of attachments 
 land shall be continued, reduced, discharged, and 
 dissolved by any method sufficient in law to con- 
 tinue, reduce, discharge, or dissolve like liens on 
 unregistered land. All certificates or other in- 
 struments which are permitted or required by law 
 to be recorded in the registry of deeds to give 
 effect to the continuance, reduction, discharge or 
 dissolution, of attachments or other liens upon 
 imregistered lands, or to give notice of such con- 
 tinuance, reduction, discharge, or dissolution, shall 
 in the case of like liens upon registered land be 
 filed with the assistant recorder and registered ^ in 
 the registration book, in lieu of recording. 
 
 Section 74. All the provisions of law now in Lawsonattach- 
 force relating to attachments of real estate and main, 
 leasehold estates on mesne process shall apply to 
 registered land, except that the duties required to 
 be performed by the register of deeds shall be per- 
 formed by the asistant recorder for the registry 
 district where the land lies, who, in lieu of record- 
 ing, shall register the facts now required to be 
 recorded, and for that purpose shall keep books 
 similar to those now required to be kept for 
 
 1 See §§70, 71. 2 See § 56. 
 
 ments to re- 
 
48 
 
 SYSTEM OF LAND TRANSFEE. 
 
 Plaintiff's at- 
 torney. 
 
 Certificate of 
 order, judg- 
 ment, etc. 
 
 attachments by registers of deeds, and the fees 
 for registering attachments shall be the same as 
 are now provided for recording. 
 
 Section 75. The name and address of the 
 plaintiff's attorney shall in all cases be indorsed 
 upon the writ, where an attachment is made, and 
 he shall be deemed to be the attorney of the 
 plaintiff until written notice that he has ceased 
 to be such shall be filed for registration by the 
 plaintiff. 
 
 Section 76. Whenever an attachment on mesne 
 process is continued, reduced, dissolved, or other- 
 wise affected by an order, decision, or judgment of 
 the court in which the action or proceeding in 
 which said attachment was made is pending, oi 
 by any order of a court of insolvency,^ a certifi- 
 cate of the entry of such order, decision, or judg- 
 ment from the clerk or register and imder the seal 
 of the court, shall be entitled to be registered on 
 presentation to the assistant recorder. A like cer- 
 tificate of the allowance by the court of an amend- 
 ment which a subsequent attaching creditor or 
 purchaser contends had the effect of dissolving an 
 attachment may be registered as an amendment 
 allowed,^ but shall not be conclusive of dissolution, 
 unless the court in which the action or suit is 
 pending adjudicates that the amendment dissolved 
 the attachment, in which case a certificate of the 
 order, as soon as it becomes absolute, shall be reg- 
 istered as a dissolution of the attachment. 
 
 ^ See § 70, note 4. Quare whether the TJ. S. District Court sitting in 
 banlirnptcy is a " court of insolvency " within the meaning of this Act 1 
 2 See § 23. 
 
SYSTEM OF LAND TRANSFEK. 49 
 
 Section 77. When a mechanic's lien or lien for Mechanic's 
 labor and materials is claimed upon registered and 
 unregistered land, and the original statement re- 
 quired by section six of chapter one hundred and 
 ninety-one of the Public Statutes/ and amend- 
 ments thereof, is deposited with the register of 
 deeds and recorded, an attested copy of such 
 statement shall be filed with the assistant recorder 
 and registered. 
 
 Section 78. A lien of any description upon reg- Enforcement of 
 istered land shall be enforced in the same manner 
 as like liens upon unregistered land.^ Whenever 
 registered land is set off or sold on execution ; or 
 taken or sold for taxes, or for any assessment ; or 
 sold to enforce a lien for labor or materials ; or 
 the lien of a mortgagee or cotenant arising from a 
 payment of taxes ; or for an assessment under 
 sections eleven to thirteen of chapter fifty-one of 
 the Public Statutes,^ or any act in amendment 
 
 1 Ch. 191, § 6, as amended by Acts of 1892, ch. 191, provides, in sub- 
 stance, that liens on buildings and land shall be dissolved unless a statement 
 is filed in the registry of deeds within thirty days ; and also that an inaccu- 
 rate statement shall not be invalid unless intentional or misleading. 
 
 2 See Pub. Sts. ch. 191. 
 
 3 Pub. Sts. ch.51, §§ U-13. 
 
 § 11, as amended by Acts of 1885, ch. 299, provides, in substance, that 
 when in a city a board of public ofEcers passes an order to lay out or alter 
 a public way or to make any other public improvement, for a portion of 
 which assessments may be made upon real estate, the clerk of the board 
 shall within ten days file a declaration thereof in the registry of deeds. 
 Notice of such assessment shall within three months be given to the party 
 to be charged, who, under ch. 158 of Acts of 1896, may have the same 
 apportioned into not more than ten equal parts, payable annually. 
 
 § 12 provides, in brief, that tbe clerk's declaration shall state the action 
 of tbe board, tbe intention to make such assessment, and shall specify the 
 land to be assessed. 
 
 § 13 reads : " No such assessment shall be laid upon any real estate ex- 
 cept such as abuts upon streets so specified ; and no snch assessment shall 
 constitute a lien upon real estate unless such declaration lias been so filed." 
 
 4 
 
50 SYSTEM OF LAND TRANSFER. 
 
 thereof ; or for costs and charges for taking down 
 dangerous structures under section seventeen of 
 chapter four hundred and eighty-one of the acts 
 of the year eighteen hundred and ninety-four/ or 
 any act in amendment thereof ; or for erecting 
 fences along the line of a railroad corporation 
 under section one hundred and sixteen of chapter 
 one hundred and twelve of the Public Statutes ; ^ 
 or for improving meadows and swamps under sec- 
 tions four to seven of chapter one hundred and 
 eighty-nine of the Public Statutes ; ^ or for flowing 
 land under section twenty-two of chapter one hun- 
 dred and ninety of the Public Statutes ; * or for 
 any costs and charges incident to such liens ; any 
 execution or copy of the execution, any officer's 
 return, or any deed, demand, certificate or affi- 
 davit, or other instrument made in the course of 
 proceedings to enforce such liens and required by 
 
 1 § 17 of ch. 481 of the Acts of 1894 provides that, if the report of the 
 board of survey declares a structure to be unsafe and dangerous, and if 
 the owner still refuses or neglects to remove it or to make it safe, it may 
 be taken down or otherwise made safe, the costs incurred to constitute 
 a lien upon the estate. 
 
 2 Pub. Sts. ch. 112, § 116, provides, in substance, that when the duty of 
 maintaining a fence along a railroad rests upon a person other than the 
 corporation, the latter shall erect or repair such fence, and have a lien 
 upon the land for the recovery from such person of the reasonable cost 
 therefor. 
 
 8 Pub. Sts. ch. 189, §§ 4-7, provide, in effect, that when, after petition 
 and hearing, commissioners are appointed for improving meadows, swamps, 
 and other low land, they may direct such changes to be made as they may 
 deem most beneficial. Under § 5 they may employ suitable persons to per- 
 form the work ; under § 6 shall assess the whole charge among the pro- 
 prietors of the lands ; and under § 7 may appoint a collector of the money 
 
 * Pub. Sts. ch. 190, § 22, provides, in substance, that, where damages have 
 been awarded for the overflow or injury otherwise sustained by the erection 
 of a mill dam, the person entitled to the damages shall have a lien therefor 
 on the mill, the mill dam, and the land used therewith. 
 
SYSTEM OF LAND TEANSFER. 51 
 
 law to be recorded in the registry of deeds in the 
 case of unregistered land, shall be filed with the 
 assistant recorder for the district where the land 
 lies,^ and registered in the registration book, and 
 a memorandum made upon the proper certifi- 
 cate of title in each case as an adverse claim or 
 encumbrance. 
 
 Section 79. Upon the expiration of the time After non-re- 
 
 '■ 7 J. . , demption lien- 
 
 allowed by law for redemption after registered hoWermayget 
 land has been set off or sold on any execution,^ or 
 taken or sold for the enforcement of any lien of 
 any description, the person claiming under an 
 execution, or under any deed or other instrument 
 made in the course of proceedings to levy such 
 execution or enforce any lien, may petition the 
 court for the entry of a new certificate to him, 
 and the application may be granted : provided, 
 however, that every new certificate entered under 
 this section shall contain a memorandum of the 
 nature of the proceeding on which it is based ; 
 and provided, further, that where a new certificate 
 is entered in pursuance of any tax title such cer- 
 tificate shall contain a memorandum that it is 
 subject to the rights of redemption reserved in 
 sections fifty-seven and seventy-six of chapter 
 three hundred and ninety of the acts of the year 
 eighteen hundred and eiehty-eiaiht,^ or any acts Actofisss, ch. 
 
 1 See § 41, Proviso. 
 
 2 See Pub. Sts. ch. 172, §§ 31, 32. 
 
 2 § .57 of ch. 390 of the Acts of 1888 provides that the owner of real 
 estate taken or sold for payment of taxes may redeem the property 
 within two years from the day of taking or sale. Section 76 reads : "In 
 all cases of taking or sale of real estate for the payment of taxes assessed 
 thereon, the supreme judicial court shall hare equity powers, if relief is 
 sought within five years from the taking or sale." 
 
52 SYSTEM OF LAND TRANSFER. 
 
 in amendment thereof or in substitution therefor, 
 and provided, further, that at any time prior to the 
 entry of a new certificate the registered owner 
 may pursue all his legal and equitable remedies 
 to impeach or annul proceedings under executions 
 or to enforce liens of any description. 
 
 This provision for Boting in the certificate matters or facts 
 upon which the order for the certificate is based appears 
 here for the first time. The registration of title in the first 
 instance is not required to contain any such statements. See 
 §§ 38 and 49. 
 
 Memorandum 
 of suits, judg- 
 ments, etc., to 
 be registered. 
 
 PENDING SUITS, JUDGMENTS, DECREES, AND 
 PARTITIONS. 
 
 Section 80. No writ of entry, petition for 
 partition, or other action at law, or any proceeding 
 in equity affecting the title to real estate or the 
 use and occupation thereof, or the buildings there- 
 on, and no judgment or decree, nor any writ of 
 error, bill of review or other proceeding to vacate 
 or reverse any judgment or decree, shall have any 
 effect upon registered land as against persons other 
 than the parties thereto, unless a memorandum 
 like that described in section thirteen of chapter 
 one hundred and twenty-six of the Public Statutes,^ 
 and amendments thereof, containing also a refer- 
 ence to the number of the certificate of title of 
 
 1 Pub. Sts. ch. 126, § 13, as amended by Acts of 1897, ch. 463, provides, 
 in effect, that " No writ of entry, petition for partition, or other proceed- 
 ing either at law or in equity, affecting the title to real estate, or the use 
 and occupation thereof or the buildings thereon," shall bind third parties 
 without notice until a memorandum is recorded in the registry of deeds. 
 The section does not, however, apply to attachments, levies of execution, 
 or proceedings in the probate courts. 
 
 By ch. 289 of the Acts of 1892 this section was extended to judgments 
 and decrees. 
 
SYSTEM OF LAND TKANSFEE. 53 
 
 the land affected, and the volume and page of the 
 registration book where it is entered, shall be 
 filed and registered. This section shall not apply Exceptions, 
 to attachments, levies of execution, or to proceed- 
 ings for the probate of wills, or for administration, 
 in the probate court : provided, however, that in 
 case notice of the pendency of the action has been 
 duly registered it shall be sufficient to register the 
 judgment or decree in such action within sixty 
 days after the rendition thereof. 
 
 Section 81. At any time after final judgment certificate un- 
 or decree in favor of the defendant, or other dis- eh. las, § u, 
 position in the manner specified in section four- tered. 
 teen of chapter one hundred and twenty-six of 
 the Public Statutes,^ of any case in which a mem- 
 orandum has been registered as provided in the 
 preceding section, a certificate of the clerk stating 
 the manner of disposal thereof, as provided in said 
 section fourteen, shall be entitled to registration. 
 
 Section 82. Whenever in any real action Judgment may 
 affecting registered land judgment is entered for 
 the plaintiff or demandant, except in actions of 
 ejectment and actions under chapter one hundred 
 and seventy-five of the Public Statutes,^ relating 
 to terms of less than seven years, such judgment 
 shall be entitled to registration on presentation of 
 
 ^ Pub. Sts. ch. 126, § 14, prOTides that, at any time after final judgment 
 or decree in faror of the defendant, or other final disposition of a proceed- 
 ing in a writ of entry, petition for partition, or other proceeding, either at 
 law or in equity, affecting the title to real estate, or the use and occupa- 
 tion thereof or the buildings thereon, or in case of the non-entry of the 
 writ, petition, or bill of complaint, the clerk of the court shall, on de- 
 mand, give a certificate of such final disposition, or non-entry, which 
 certificate may be recorded. 
 
 2 Pub. Sts. ch. 175, " Of the Summary Process for the Eecovery of 
 Land." 
 
54 SYSTEM OF LAND TEANSFER. 
 
 a certificate of the entry thereof from the clerk 
 of the court where the action is pending, to the 
 assistant recorder, who shall enter a memorandum 
 upon the certificate of title of the land to which 
 such judgment relates. If the judgment does not 
 apply to all the land described in the certificate 
 of title, the certificate of the clerk and the memo- 
 randum entered by the assistant recorder shall 
 contain a description of the land affected by the 
 judgment. 
 
 Writ of entry. SECTION 83. When in any writ of entry an 
 execution or writ of seizin has been issued and 
 served by the ofiicer, he shall cause an attested 
 copy of the execution, with a return of his doings 
 thereon, to be filed and registered within three 
 months after the service and before the return of 
 the execution into the clerk's office, and the de- 
 mandant, in case the judgment was that he was 
 entitled to an estate in fee simple in the demanded 
 premises, or in any part thereof, and for which 
 execution issued, shall thereupon be entitled to 
 the entry of a new certificate of title : provided, 
 that in informations under chapter one hundred 
 
 Pub. sts. ch. and eighty-two of the Public Statutes^ the Com- 
 monwealth shall be entitled to have the certificate 
 of the registered owner cancelled by the court of 
 registration as soon as judgment is rendered in its 
 favor. 
 
 Writ of dower SECTION 84. When in a writ of dower judg- 
 
 or waste. . r>-i ci 
 
 ment is entered confirming the report of the com- 
 missioners under section seven of chapter one 
 
 ' Pub. Sta. ch. 182, " Of Information for Intrusion and for the Eecovery 
 of Lands by the Commonwealth." 
 
SYSTEM OF LAND TRANSFEE. 55 
 
 hundred and seventy-four of the Public Statutes,''^ 
 or when in a writ of waste ^ judgment is entered 
 that the plaintiff recover the place wasted, a certifi- 
 cate of the entry of such judgment may be regis- 
 tered as an encumbrance. 
 
 SscTioisr 85. Any decree of a court of equity Decree affect- 
 
 rv • ■ 1 • 1 • • TIT , 1 'ig title may 
 
 affecting title or rights m registered land, whether be registered. 
 made in the exercise of general equity jurisdiction, 
 or in the exercise of jurisdiction conferred by stat- 
 ute for the quieting of titles or removing clouds 
 from titles, as in chapter two hundred and thirty- 
 seven of the acts of the year eighteen hundred and 
 eighty-two, chapter two hundred and eighty- three 
 of the acts of the year eighteen hundred and 
 eighty-five, chapter four hundred and forty-two of 
 the acts of the year eighteen hundred and eighty- 
 nine, and chapter three hundred and forty of the 
 acts of the year eighteen hundred and ninety- 
 three, or of any similar purpose, may be regis- 
 tered in the same manner as a judgment at law. 
 But every court of equity passing such a decree 
 shall, upon application of the plaintiff or peti- 
 tioner, order any parties before it to execute for 
 registration any deed or instrument necessary to Necessary 
 
 . ^1. . ^ q 1 . 1 . deeds to be 
 
 give enect to its decree,*^ and may require the regis- executed, 
 tered oWner to deliver his duplicate certificate* to 
 the plaintiff or petitioner to be cancelled, or to have 
 a memorandum entered upon it by the assistant 
 
 1 Pub. Sts. eh. 174, § 7, relating to the writ of dower, provides that the 
 commissioners appointed to set out dower shall make return to the court 
 of their doings, and if their report be confirmed, judgment shall be ren- 
 dered that the assignment of dower shall be effectual during the life of 
 the demandant. 
 
 2 See Pub. Sts. ch. 179. 
 
 » See §17. » See §72. 
 
56 SYSTEM OF LAND TRANSFER. 
 
 recorder. In case the person required to execute 
 any deed or other instrument necessary to give 
 effect to the decree is absent from the Common- 
 wealth, or is a minor, or insane, or for any rea- 
 son not amenable to the process of the court, the 
 court may appoint some suitable person a trus- 
 tee to execute such instrument, and the same when 
 executed shall be registered and shall have full 
 force and effect to bind the land to be affected 
 thereby. 
 
 Cli. 237 of the Acts of 1882 provides that when the record 
 title of real estate is encumbered by an undischarged mort- 
 gage, and the mortgagor and those having his estate in the 
 premises have been in uninterupted possession for twenty- 
 years after full performance thereof, he or they may petition 
 the Supreme Judicial Court to enter a decree discharging 
 the mortgage. This act was — 
 
 Extended by ch. 283 of the Acts of 1885 to a mortgage 
 given to secure the mortgagee against some contingent liabil- 
 ity which has ceased to exist ; and was — 
 
 Amended by § 1 of ch. 427 of the Acts of 1890, in order to 
 allow the petition to be filed by any person having a freehold 
 estate or any interest in the land, or in any part thereof, and 
 also to allow two or more persons owning in severalty differ- 
 ent portions or interests in the whole or in different portions 
 to join in one petition. 
 
 Ch. 442 of the Acts of 1889, "An Act to provide for 
 Determining the Validity, Nature, or Extent of certain En- 
 cumbrances upon Titles to Real Estate," provides that when 
 the record title to land is affected by conditions, restrictions, 
 etc., made more than thirty years ago, a petition may be 
 made to the Supreme Judicial Court for the purpose of deter- 
 mining the nature or validity of such possible encumbrances. 
 Two or more defects may be set forth in the same petition, 
 and when the names of the respondents are unknown, pro- 
 ceedings against them may be had by a general description. 
 The decree of the court shall exclude all respondents from 
 
SYSTEM OF LAND TRANSFEK. 57 
 
 any claim contrary to its determination, and shall have the 
 effect of a release of such claims executed by the respondents 
 in due form of law. Section 2 of ch. 427 of the Acts of 1890 
 authorizes the joinder of two or more persons in a petition 
 under this chapter. 
 
 Ch. 340 of the Acts of 1893, "An Act relative to Quiet- 
 ing Title to Real Estate," provides that when the record 
 title to property is clouded by an adverse claim, or by the 
 possibility of such claim, petition may be made to the Su- 
 preme Judicial Court praying that such claimants may be 
 summoned to show cause why they should not bring action to 
 try such claim. Where no better description can be given, 
 a general description shall suffice. 
 
 Ch. 522 of the Acts of 1897, as amended by ch. 457 of the 
 Acts of 1898, provides that in any suit in equity brought to 
 quiet or establish the title to real estate situated within the 
 Commonwealth, or to remove a cloud from the title, in which 
 suit it is sought to determine the claims or rights of any per- 
 son or persons unknown, unascertained, not in being, or out 
 of the Commonwealth, or who cannot be actually served with 
 process, they may be made parties defendant, and general 
 words of description, such as the heirs or legal representa- 
 tives of A. B., or such persons as shall become heirs, devi- 
 sees, or appointees of C. D., a living person claiming under 
 A. B., shall suffice. And it shall be sufficient for the main- 
 tenance of such suit that the parties defendant claim or may 
 claim, by purchase, descent, or otherwise, some right, title, 
 interest, or estate in the land, which claim cannot be met by 
 the plaintiffs without the production of evidence. Two or 
 more persons claiming separate parcels in the same county 
 by titles derived from a common source may join as parties 
 plaintiff. In certain cases the court may of its own motion 
 appoint guardians ad litem or next friends. 
 
 For comment upon the essence of these provisions, see 
 note to § 35, and Loring v. Hildreth, supra. 
 
 Section 86. In all proceedings for partition of Proceedings for 
 
 • , -I 1 ^ j!ji • i-p c partition or as- 
 
 registered land, or tor the assignment m fee of signmentof 
 registered land claimed by husband or wife by stat- unto sSfutea. 
 
58 SYSTEM OF LAND TRANSFER. 
 
 utory right/ after the entry of the final judgment 
 or decree of partition and the acceptance of the 
 report of the commissioners, a copy of the judg- 
 ment or decree and of the return of the commis- 
 sioners, certified by the clerk or register, as the 
 case may be, shall be filed and registered ; and 
 thereupon, in case the land is set off to the owners 
 in severalty, any owner shall be entitled to have a 
 certificate entered of the share set off to him in sev- 
 eralty, and to receive an owner's duplicate there- 
 for. In case the land is ordered by the court to be 
 sold, the purchaser or his assigns shall be entitled 
 to have a certificate of title entered to him or them 
 on presenting the deed of the commissioners for 
 registration : provided, Koioever, that any new cer- 
 tificate entered in pursuance of partition proceed- 
 ings, whether by way of set off or of sale, shall 
 contain a reference to the final judgment or decree 
 of partition, and shall be conclusive as to the title 
 to the same extent and against the same persons 
 as such judgment or decree is made conclusive by 
 the statutes applicable thereto ; ^ and provided, also, 
 that any person holding such certificate of title or a 
 transfer thereof shall have the right to petition the 
 court at any time to cancel the memorandum relat- 
 ing to such judgment or decree, and the court, after 
 notice and hearing, may grant the application. 
 Such certificate shall thereafter be conclusive in 
 the same manner and to the same extent as other 
 certificates of title. 
 Mortftage or SECTioisr 87. When a certified copy of a judg- 
 
 lease registered , . ^ '' t 
 
 prior to parti- mcnt or dccrcc for partition and of the return of 
 
 tion to be in- ^ 
 
 ^ See Pub. Sts. ch. 124, and amendments. And see note to § 70. 
 2 See Pub. Sts. ch. 178, and amendments. 
 
SYSTEM OF LAND TRANSFER. 59 
 
 the commissioners is presented for registration, if 
 a mortgage or lease affecting a specific portion 
 or an undivided share of the premises had pre- 
 viously been registered, the tenant claiming iinder 
 the mortgagor ^ or lessor ^ shall cause the mortgage 
 or lease and any duplicate certificate of title issued 
 to the mortgagee or lessee to be again presented 
 for registration, and the assistant recorder shall 
 indorse on each a memorandum of such partition, 
 with a description of the land set off in severalty 
 on which such mortgage or lease remains in force. 
 Such tenant shall not be entitled to receive his own 
 duplicate certificate of title until such mortgage 
 or lease has been so presented for registration.^ 
 
 INSOLVENCY. 
 
 Section 88. It shall be the duty of the mes- 
 senger to register notice of the issuing of a war- 
 rant in insolvency* against a debtor who is an 
 owner of registered land, when the same is com- 
 mitted to him, by filing a copy thereof with the 
 assistant recorder. 
 
 An assignee in insolvency ^ shall be entitled to 
 the entry of a new certificate of registered land 
 of the debtor upon presenting and filing a certified 
 copy of the assignment, with the insolvent's dupli- 
 cate certificate of title; but the new certificate 
 shall state that it is entered to him as assignee in 
 insolvency. 
 
 Section 89. Whenever proceedings in insol- 
 vency against a registered owner of which notice 
 
 1 See § 60. 2 gee § 64. 3 See note to § 27. 
 
 « See § 70, note. ^ gee § 107. 
 
60 SYSTEM OF LAND TRANSFER. 
 
 has been registered are vacated by decree, or when 
 the court of insolvency grants a discharge and 
 orders a reconveyance of land to an insolvent 
 debtor in proceedings under chapter two hundred 
 and thirty-six of the acts of the year eighteen 
 hundred and eighty-four,^ and acts in amendment 
 thereof, a certified copy of the decree, or of such 
 discharge and order, may be filed and registered. 
 If a new certificate has been entered to the as- 
 signee in insolvency as registered owner the debtor 
 shall be entitled to the entry of a new certificate 
 to him, and the certificate of the assignee shall be 
 surrendered. 
 
 EMINENT DOMAIN. 
 
 mam. 
 
 Eminent do- SECTION 90. Whenever any land of a registered 
 
 owner, or any right or interest therein, is taken by 
 eminent domain,^ the Commonwealth or body poli- 
 tic or corporate or other authority exercising such 
 right shall file for registration in the proper regis- 
 try district a description of the registered land so 
 taken, giving the name of each owner thereof,^ re- 
 ferring by number and place of registration in the 
 registration book to each certificate of title, and 
 stating what estate or interest in the land is taken, 
 and for what purpose. A memorandum of the 
 right or interest taken shall be made on each cer- 
 tificate of title by the assistant recorder, and where 
 the fee simple is taken a new certificate shall be 
 entered to the owner for the land remaining to him 
 
 1 See Acts of 1884, ch. 236, and note to § 70. 
 
 2 See § 70. 
 
 3 This changes the existing law. See Woodbury v. Marblehead, &c. 
 Co., 145 Mass. 509. 
 
SYSTEM OF LAND TEANSFER. 61 
 
 after such taking. In any case where the owner 
 has a lien upon the land taken for his damages it 
 shall be so stated in the memorandum of registra- 
 tion. All fees on account of any memorandum of 
 registration or entry of new certificates shall be 
 paid by the Commonwealth or body politic or cor- 
 porate or other authority taking the land. 
 
 Section 91. When for any reason, by operation Reversion of 
 
 ■,-,,•, 1 ,. , T land taken by 
 
 of law, land which was taken tor a public use re- eminent do- 
 
 !• 1 • 1 main. 
 
 verts to the owner from whom it was taken or to 
 his heirs or assigns, the court upon the petition of 
 the person entitled to the benefit of the reversion, 
 after notice and hearing, may order the entry of a 
 new certificate of title to him. 
 
 TEANSFER BT DESCENT OR DEVISE. 
 
 Section 92. Upon the death of a registered Transfer of 
 owner his heirs at law or devisees on the expira- scent oV devise. 
 tion of thirty days after the entry of a decree of 
 the probate court granting letters testamentary or 
 of administration, or in case of an appeal from such 
 decree, at any time after the entry of a final de- 
 cree,^ may file a certified copy of the final decree 
 of the probate court and of the will, if any, with 
 the assistant recorder, and make application for 
 the entry of a new certificate. The court shall 
 issue notice to the executor and administrator and 
 all other persons in interest, and may also give 
 notice by publication in such newspaper or news- 
 papers as it may deem proper, to all whom it may 
 concern,^ and after hearing may direct the entry 
 
 1 See Haddock v. Boston & Maine E. R., 146 Mass. 155, and Acts of 
 1889, ch. 435. 
 
 2 See § 32, note, and §§ 35^ 38, and 109. 
 
62 
 
 SYSTEM OF LAND TRANSFER, 
 
 Executor, ad- 
 ministrator, or 
 guardian may 
 sell or mort- 
 gage under 
 license. 
 
 of a new certificate or certificates to the person or 
 persons entitled as heirs or devisees. Any new 
 certificate so entered before the final settlement of 
 the estate of the deceased owner in the probate 
 court shall state expressly that it is entered by 
 transfer from the last certificate by descent or de- 
 vise, and that the estate is in process of settlement. 
 After the final settlement of the estate in the 
 probate court, or after the expiration of the time 
 allowed by law for bringing an action against an 
 executor or administrator by creditors of the de- 
 ceased,-' the heirs at law or devisees may petition 
 the court for an order to cancel the memorandum 
 upon their certificate, stating that the estate is in 
 course of settlement, and the court, after notice^ 
 and hearing, may grant the petition : provided, 
 hoivever, that the liability of heirs or devisees of 
 registered land for claims against the estate of the 
 deceased shall not in any way be diminished or 
 changed.^ 
 
 Section 93. Nothing contained in this act shall 
 in any way affect or impair the jurisdiction of the 
 probate court to license an executor or administra- 
 tor or guardian to sell or mortgage registered land 
 for any purpose for which a license may be granted 
 in the case of unregistered land. The purchaser 
 or mortgagee taking a deed executed in pursuance 
 of such license shall be entitled to a new certificate 
 of title, or memorandum of registration, on pre- 
 senting his deed to the assistant recorder. 
 
 1 See Pub. Sts. ch. 136. 
 
 2 What notice t by publication, or mailing, or what ? 
 s Pub. Sts. ch. 136, §§ 26-32. 
 
SYSTEM OF LAND TRANSFER. ■ 63 
 
 ASSURANCE FUND. 
 
 Section 94. Upon the original registration of Assurance 
 land under this act, and also upon the entry of a 
 certificate showing title as registered owners in 
 heirs or devisees, there shall be paid to the recorder 
 one tenth of one per cent of the assessed value of 
 the real estate,^ on the basis of the last assessment 
 for municipal taxation, as an assurance fund. 
 
 Section 95. All money received by the recorder Treasurer of 
 
 ^ ^ ^ Commonwealth 
 
 under the preceding section shall be paid to the to manage as- 
 
 L <j ■*■ surance zund. 
 
 treasurer of the Commonwealth. He shall keep 
 the same invested, with the advice and approval 
 of the governor and council, and shall report an- 
 nually to the general court the condition and 
 income thereof. 
 
 Section 96. Any person who without negli- o^l^^°ll°^^ 
 gence on his part sustains loss or damage, or is '*°'^- 
 deprived of land or of any estate or interest therein 
 after the original registration of land under this 
 act,^ by the registration of any other person as 
 owner of such land or of any estate 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 memorandum 
 in the registration book, may bring and prosecute 
 an action of contract in the superior court for the 
 recovery of compensation for such loss or damage 
 or for such land or estate or interest therein, from 
 the assurance fund : provided, however, that where Provisos. 
 
 1 See note 3, § 21. 
 
 2 This section, if literally construed, will cut off aU right to compensa- 
 tion on the part of any person injured by the original registration. See 
 §14; cf. §97. 
 
64 SYSTEM OF LAND TRANSFER. 
 
 the person deprived of land or of any estate or in- 
 terest therein in the manner above stated has right 
 of action or other remedy for the recovery of the 
 land or of the estate or interest therein, he shall 
 exhaust such "right of action or other remedy be- 
 fore resorting to the action of contract herein pro- 
 vided ; and provided, further, that nothing in this 
 act shall be construed to deprive the plaintiff of 
 any action of tort which he may have against any 
 person for such loss or damage, or deprivation of 
 land or of any estate or interest therein. But if 
 the plaintiff elects to pursue his remedy in tort, 
 and also brings an action of contract under this 
 act, the action of contract shall be continued to 
 await the result of the action of tort.-^ 
 Against whom SECTION 97. If such actiou of Contract is 
 brought to recover for loss or damage or for 
 deprivation of land or of any estate or interest 
 therein, arising wholly through any fraud, neg- 
 ligence, omission, mistake, or misfeasance of the 
 recorder, assistant recorder, or of any of the ex- 
 aminers of title, in the performance of executive 
 or ministerial duties, or of any of the assistants 
 or clerks of the recorder, in the performance of 
 their respective duties, then the action shall be 
 brought against the treasurer of the Common- 
 wealth as sole defendant.^ 
 
 If such action is brought to recover for loss or 
 damage or deprivation of land or of any estate or 
 interest therein arising wholly through any fraud, 
 
 ' See § 55, and also § 103. Observe that in Massachusetts ejectment 
 and writs of entry fall within the category of actions of tort, the right to 
 use which is carefully preserved in this section. 
 
 2 Ibid. 
 
judgment. 
 
 SYSTEM OF LAND TRANSFER. 65 
 
 negligence, omission, mistake, or misfeasance of 
 some person or persons other than the recorder, 
 assistant recorder, or the other of&cers and assist- 
 ants above named, or arising jointly through the 
 fraud, negligence, omission, mistake, or misfea- 
 sance of such other person and the recorder, assist- 
 ant recorder, or other officers and assistants above 
 named, then such action shall be brought against 
 both the treasurer of the Commonwealth and such 
 other person or persons, as joint defendants. 
 
 Section 98. Where there are defendants other Execution of 
 than the treasurer of the Commonwealth, and 
 where judgment is entered for the plaintiff against 
 the treasurer and against some or all of the other 
 defendants, execution shall issue against the other 
 defendants and be levied upon them. If the exe- 
 cution is returned unsatisfied in whole or in part, 
 and the officer returning the same certifies that 
 the amount due cannot be collected from the lands 
 or goods of such other defendants, a justice of the 
 superior court shall direct the clerk to certify to 
 the governor the amount due on the execution, 
 and the governor shall draw his warrant therefor 
 upon the treasurer of the Commonwealth, and the 
 treasurer shall pay the amount out of the assur- 
 ance fund, without any further act or resolve 
 making an appropriation therefor. 
 
 When in such action judgment for any reason 
 cannot be entered against all or any of the other 
 defendants, it may be entered against the treasurer 
 alone, or against the treasurer and such of the 
 other defendants as are found to be liable, and 
 against whom judgment can lawfully be entered. 
 
66 SYSTEM OF LAND TRANSFER. 
 
 Whenever judgment is entered against the treas- 
 urer of the Commonwealth alone, whether in a 
 case where he is sole defendant or joint defendant 
 with others, the justice of the superior court be- 
 fore whom the action is tried shall direct the 
 clerk to transmit to the governor a certificate of 
 the entry of judgment and of the amount due, 
 and the treasurer shall pay the same upon the 
 warrant of the governor, as above provided. 
 Assurance SECTION 99. If the assurance fund at any time 
 
 fund repleted . . 
 
 from treasnrj". is not Sufficient to meet the amount called for by 
 such warrant of the governor the treasurer shall 
 make up the deficiency from any funds in the 
 treasury not otherwise appropriated ; and in such 
 case any sums thereafter received by the treasurer 
 on account of the assurance fund shall be trans- 
 ferred to the general funds of the treasury, until 
 the amount paid on account of the deficiency shall 
 have been made up. 
 
 Commonwealth SECTION 100. In cvcry case where payment 
 
 to be subro- '' '^ >' 
 
 gated to rights i;,as been made by the treasurer of the Common- 
 
 ot plamtiff. •' 
 
 wealth under warrant from the governor, the Com- 
 monwealth shall be subrogated to all rights of the 
 plaintiff against any other parties or securities, 
 and the treasurer shall enforce the same in behalf 
 of the Commonwealth. Any sums so recovered 
 by the treasurer shall be paid into the treasury 
 of the Commonwealth to the account of the as- 
 surance fund. 
 Income of as- SECTION 101. The iucomc of the assurance 
 
 snrance fund. 
 
 fund shall be added to the principal and invested, 
 until said fund amounts to the sum of two hun- 
 dred thousand dollars, and thereafter the income 
 
SYSTEM OF LAND TRANSFER. 67 
 
 of such fund shall be used to defray, as far as 
 may be, the expenses of the administration of 
 this act, instead of being added to the fund and 
 accumulated. 
 
 Section 102. The assurance fund shall not Assurance 
 
 . fund not liable 
 
 be liable to pay for any loss, damac^e, or depriva- in case of 
 
 . , , , 1 % ,1 breach of trust. 
 
 tion occasioned by a breach of trust, whether ex- 
 press, implied, or constructive, by any registered 
 owner who is a trustee, or by the improper exer- 
 cise of any power of sale in a mortgage. Nor 
 shall any plaintiff recover as compensation in an 
 action of contract under this act more than the 
 fair market value of the real estate at the time 
 of the last payment to the assurance fund on ac- 
 count of the same real estate. 
 
 Section 103. All actions of contract for com- Action for com- 
 pensation to be 
 pensation under this act by reason of any loss or Wun -within 
 
 ■*■ ^ _ "^ ^ SIX years. 
 
 damage or deprivation of land or any estate or 
 interest therein shall be begun within the period 
 of six years from the time when the cause of 
 action accrued, and not afterwards : provided, Provisos. 
 however, that the plaintiff in an action for the re- 
 covery of the land or estate or interest therein in 
 accordance with section ninety-seven of this act 
 may bring the action of contract for compensation 
 within one year after the termination of such 
 action ; and provided, further, that the action of 
 contract herein provided shall survive to the per- 
 sonal representative of the registered owner, unless 
 barred in his lifetime, but the proceeds thereof 
 shall be treated as real estate. 
 
 1 See §§ 55, 96, 97 ; and qucere, whether the reference in § 103 to § 97 
 is not an error for § 96, or for § 38 ? 
 
nev. 
 
 68 SYSTEM OF LAND TRANSFER. 
 
 POWERS OF ATTORNEY. 
 
 Power of attor- SECTION 104. Any persoTi may by attorney 
 procure land to be registered and convey or other- 
 wise deal with registered land/ but the letters of 
 attoj-ney shall be acknowledged and filed with the 
 recorder or the assistant recorder of the proper 
 registry district, and registered. Any instrument 
 revoking such letters shall be acknowledged and 
 registered in like manner. 
 
 LOST DUPLICATE CERTIFICATES. 
 
 rarrifil^ate'sma SECTION 105. If a duplicate certificate is lost 
 be replaced. qj, destroyed, or caimot be produced by a grantee, 
 heir, devisee, assignee, or other person, applying 
 for the entry of a new certificate to him or for 
 the registration of any instrument, a suggestion 
 of the fact of such loss or destruction may be filed 
 by the registered owner or other person in interest 
 and registered. The court may thereupon, upon 
 the petition of the registered owner or other per- 
 son in interest, after notice and hearing, direct 
 the issue of a new duplicate certificate, which 
 shall contain a memorandum of the fact that it 
 is issued in place of a lost duplicate certificate, 
 but shall in all respects be entitled to like faith 
 and credit as the original duplicate, and shall 
 thereafter be regarded as the original duplicate 
 for all the purposes of this act. 
 
 Adverse 
 claims. 
 
 ADVERSE CLAIMS. 
 
 Section 106. Whoever claims any right or in- 
 terest in registered land adverse to the registered 
 
 1 See §§ 19, 21. 
 
SYSTEM OF LAND TRANSFER. 69 
 
 owner arising subsequent to the date of original 
 registration may, if no other provision is made in 
 this act for registering the same, make a state- 
 ment in writing setting forth fully his alleged 
 right or interest, and how or under whom ac- 
 quired, and a reference to the volume and page 
 of the certificate of title of the registered owner, 
 and a description of the land in which the right 
 or interest is claimed. The statement shall be 
 signed and sworn to, and shall state the adverse 
 claimant's residence, and designate a place at 
 which all notices may be served upon him. This 
 statement shall be entitled to registration as an 
 adverse claim, and the court, upon the petition of 
 any party in interest, shall grant a speedy hearing 
 upon the question of the validity of such adverse 
 claim, and shall enter such decree thereon as jus- 
 tice and equity may require. If the claim is 
 adjudged to be invalid, the registration shall be 
 cancelled. If in any case the court after notice^ 
 and hearing shall find that a claim thus registered 
 was frivolous or vexatious, it may tax the adverse 
 claimant double costs. 
 
 StTRREjSTOER OF DUPLICATE CERTIFICATES. 
 
 Section 107. In every case where the recorder Duplicate cer- 
 or any assistant recorder is requested to enter a sumndered,'"" 
 new certificate in pursuance of an instrument pur- nailed by^d^ 
 porting to be executed by the registered owner, or 
 by reason of any instrument or proceedings which 
 divest the title of the registered owner against his 
 consent, if the outstanding owner's duplicate cer- 
 
 1 See note 2, § 92. 
 
70 SYSTEM OF LAND TEANSFEK. 
 
 tificate is not presented for cancellation when such 
 request is made, the recorder or assistant recorder 
 shall not enter a new certificate, but the person 
 claiming to be entitled thereto may apply by peti- 
 tion to the court. The court, after a hearing, may 
 order the registered owner or any person with- 
 holding the duplicate certificate to surrender the 
 same, and direct the entry of a new certificate 
 upon such surrender. 
 
 If in any case the person withholding the dupli- 
 cate certificate is not amenable to the process of 
 the court, or if for any reason the outstanding 
 owner's duplicate certificate cannot be delivered 
 up, the court may by decree annul the same, and 
 order a new certificate of title to be entered. 
 Such new certificate and all duplicates thereof 
 shall contain a memorandum of the annulment of 
 the outstanding duplicate. 
 
 If in any case an outstanding mortgagee's or 
 lessee's duplicate certificate is not produced and 
 surrendered when the mortgage is discharged or 
 extinguished or the lease is terminated, like pro- 
 ceedings may be had to obtain registration as in 
 the case of the non-production of an owner's 
 duplicate. 
 
 AMENDMENT AND ALTERATION OF CEETIFICATES 
 OF TITLE. 
 
 No amendment SECTION 108. No crasure, alteration, or amend- 
 
 or alteration of ^ _ 
 
 certificates msnt shall bc made upon the registration book 
 
 shall be made ^ '-' 
 
 except by de- after the entry of a certificate of title or of a 
 
 cree of court. "^ 
 
 memorandum thereon and the attestation of the 
 same by the recorder or an assistant recorder, ex- 
 
SYSTEM OF LAND TRANSFER. 71 
 
 cept by order of the court. Any registered owner 
 or other person in interest may at any time apply 
 by petition to the court, upon the ground that 
 registered interests of any description, whether 
 vested, contingent, expectant, or inchoate, have 
 terminated and ceased ; or that new interests 
 have arisen or been created which do not appear 
 upon the certificate ; or that any error, omission, 
 or mistake was made in entering a certificate or 
 any memorandum thereon, or on any duplicate 
 certificate ; or that the name of any person on the 
 certificate has been changed ; or that the regis- 
 tered owner has been married, or if registered as 
 married that the marriage has been terminated ; 
 or that a corporation which owned registered land 
 and has been dissolved has not conveyed the same 
 within three years after its dissolution ; or upon 
 any other reasonable ground ; and the court shall 
 have jurisdiction to hear and determine the peti- 
 tion after notice to all parties in interest,^ and 
 may order the entry of a new certificate, the 
 entry or cancellation of a memorandum upon a 
 certificate, or grant any other relief upon such 
 terms and conditions, requiring security if neces- 
 sary, as it may deem proper ; provided, however, Proviso, 
 that this section shall not be construed to give 
 the court authority to open the original decree of 
 registration, and that nothing shall be done or 
 ordered by the court which shall impair the title 
 or other interest of a purchaser holding a certifi- 
 
 ^ The form and manner of notice seem to be left entirely to the dis- 
 cretion of the court. See § 35 and note. And see note 2, § 92. Cf. also 
 § 109. 
 
72 , SYSTEM OF LAND TRANSFER. 
 
 cate for value and in good faith, or his heirs or 
 assigns, without his or their written consent. 
 
 Any petition filed under this section, and all 
 petitions and motions filed under the provisions of 
 this act after original registration, shall be filed 
 and entitled in the original case in which the 
 decree of registration was entered. 
 
 Notices after 
 registration 
 to oe mailed. 
 
 Proviso. 
 
 SERVICE OF NOTICES AFTER REGISTRATION. 
 
 Section 109. All notices required by or given 
 in pursuance of the provisions of this act by the 
 recorder or any assistant recorder, after original 
 registration, shall be sent by mail to the person to 
 be notified at his residence and post-office address 
 as stated in the certificate of title, or in any 
 registered instrument under which he claims an 
 interest, in the office of the recorder or assist- 
 ant recorder, relating to the parcel of land in 
 question. 
 
 All notices and citations directed by special 
 order of the court under the provisions of this 
 act, after original registration, may be served in 
 the manner above stated, and the certificate of the 
 recorder shall be conclusive proofs of such service: 
 provided, however, that the court may in any case 
 order difEerent or further service, by publication or 
 otherwise.^ 
 
 FEES for registration. 
 
 Section 110. The fees payable under this act 
 shall be as follows : — 
 
 1 See § 32, note, and § 33. 
 
 2 See § 92 and § 108. 
 
SYSTEM OF LAND TRANSFEE. V3 
 
 For every application to bring land under this Schedule of 
 
 . . . , -,. , fees for regis- 
 
 act, including indexing and recording the same, tration. 
 and transmitting to recorder, when filed with 
 assistant recorder, three dollars. 
 
 For every plan filed, seventy-five cents. 
 
 For indexing an instrument recorded while ap- 
 plication for registration is pending, twenty-five 
 cents. 
 
 For examining title, five dollars, and one tenth 
 of one per cent of the value of the land. 
 
 For each notice by mail, twenty-five cents, and 
 the actual cost of printing. 
 
 For all services by a sheriff under this act, the 
 same fees as are now provided by law for like 
 services. 
 
 For each notice by publication, twenty-five 
 cents, and the actual cost of publication. 
 
 For entry of order dismissing application, or de- 
 cree of registration, and sending memorandum to 
 assistant recorder, one dollar. 
 
 For copy of decree of registration, one dollar. 
 
 For entry of original certificate of title and issu- 
 ing one duplicate certificate, three dollars. 
 
 For making and entering a new certificate of 
 title including issue of one duplicate certificate, 
 one dollar. 
 
 For each additional duplicate certificate, after 
 the first, fifty cents. 
 
 For the registration of every instrument, 
 whether single or in duplicate or triplicate, in- 
 cluding entering, indexing, and filing same, and 
 attesting registration thereof, and also making 
 and attesting copy of memorandum on one instru- 
 
74 SYSTEM OF LAND TRANSFER. 
 
 ment or on a duplicate certificate when required, 
 one dollar and fifty cents. 
 
 For making and attesting copy of memorandum 
 on each additional instrument or duplicate certifi- 
 cate if required, fifty cents. 
 
 For filing and registering an adverse claim, three 
 dollars. 
 
 For entering statement of change of residence 
 or post-office address, including indorsing and 
 attesting same on a duplicate certificate, twenty- 
 five cents. 
 
 For entering any note in the entry book or in 
 the registration book, twenty-five cents. 
 
 For the registration of a suggestion of death or 
 notice of issue of a warrant in insolvency, twenty- 
 five cents. 
 
 For the registration of a discharge or release of 
 mortgage or other instrument creating an encum- 
 brance, fifty cents. 
 
 For the registration of a memorandum or certif- 
 icate of entry for possession or deposition in proof 
 thereof, fifty cents. 
 
 For the registration of any levy, or of any dis- 
 charge or dissolution of any attachment or levy, 
 or of any certificate of or receipt for payment of 
 taxes, or of any mechanic's lien or lien for labor 
 or materials, or notice of any pending action or of 
 a judgment or decree, fifty cents. 
 
 For indorsing on any mortgage, lease, or other 
 instrument a memorandum of partition, one dollar. 
 
 For every petition filed under this act after origi- 
 nal registration, one dollar. 
 
 For a certified copy of any decree or registered 
 
SYSTEM OF LAND TRANSFER. 75 
 
 instrument, the same fees as are provided by law 
 for registers of deeds. 
 
 In all cases not expressly provided for by lavF 
 the fees of all public oflEicers for any official duty 
 or service under this act shall be at the same rate 
 as those prescribed herein for like services. 
 
 PENALTIES. 
 
 Section 111. Certificates of title and duplicate certificates 
 certificates issued under this act shall be subjects larceny. 
 of larceny. 
 
 Section 112. Whoever knowingly svrears falsely Perjury. 
 to any statement required to be made under oath 
 by this act shall be guilty of perjury, and liable to 
 the statutory penalties for perjury. 
 
 Section 113. A certificate of title, duplicate Forgery ot 
 certificate of title, certificate issued in place of a tiflcates,etc. 
 duplicate certificate, the registration book, entry 
 book, and all indexes provided for by this act, and 
 the docket of the recorder, shall be treated as if 
 specifically described and enumerated in section 
 one of chapter two hundred and four of the Public Pub. sts. ch. 
 Statutes,'' and the various acts therein described, 
 when done in reference to the records or instru- 
 ments hereinbefore mentioned, shall be punished 
 as prpvided in said section and chapter. 
 
 Section 114. Whoever forges or procures to Forging court 
 be forged, or assists in forging, the seal of the 
 court of registration, or stamps or procures to be 
 
 1 Pub. Sts. ch. 204, § 1 , on " Forgery and Offences against the Currency," 
 provides that whoever, with intent to injure or defraud any person, forges a 
 public record, certificate of any public officer, or any evidence or muni- 
 ment of title to property, shall be punished by imprisonment in the state 
 prison not exceeding ten years, or in jail not exceeding ten years. 
 
76 
 
 SYSTEM OF LAND TRANSFER. 
 
 stamped, or assists in stamping, any document 
 with such forged seal, or with the genuine seal of 
 the court of registration without being duly 
 authorized thereto, shall be punished by impris- 
 onment in the state prison not exceeding ten 
 years or in the jail not exceeding two years. 
 Fraudulent SECTION 115. Whoever, with intent to defraud, 
 
 conveyance 
 
 of encumbered scUs and convcys registered land knowing that an 
 undischarged attachment or any other encum- 
 brance exists thereon which is not noted by mem- 
 orandum on the duplicate certificate of title, 
 without informing the grantee of such attach- 
 ment or other encumbrance before the considera- 
 tion is paid, shall be punished by imprisonment in 
 the state prison not exceeding three years, or in 
 the jail not exceeding one year. 
 
 Section 116. This act shall take effect upon 
 the first day of October in the year eighteen hun- 
 dred and ninety-eight. 
 
 lApproved June 2S, 1898. 
 
 Act to take 
 effect Oct. 1, 
 1898. 
 
BIBLIOGRAPHY. 
 
 AUSTRALIA. 
 
 1881. TOBKENS, SiK EOBEET, K. C. M. G., 
 
 An Essay on the Transfer of Land by Eegistration. 
 Pamphlet, 12mo, pp. vi, 88. Cassell & Co., Lon- 
 don, Paris, New York, and Melbourne. 
 1883. Maxwell, W. E., Commissioner ot Land, Kepokt 
 OF, 1883, 
 The Torrens System of Conveyancing by Eegistra- 
 tion of Title in Adelaide and South Australia. 
 1890. Dufeet and Eagleson, 
 
 Transfer of Land Act, 1890. G. Partridge & Co., 
 Melbourne. 
 
 CANADA. 
 
 1883. Mason, J. Herbert, 
 
 Land Transfer Eeform. Address before Canadian 
 Institute, Toronto, 1883. 
 1886. Jones, Herbert C, 
 
 The Torrens System of Transfer of Land. Cass- 
 well & Co., Toronto, 1883. (Complete, with 
 British references.) 
 
 ENGLAND. ^ 
 
 1832. Commissioners, Real Property, Second Eeport 
 OF, 1832. 
 
 1850. Commissioners of Eegistration and Conveyan- 
 cing, Eeport of, 1850. 
 
 1873. Colt, E. Hoare, 
 
 Eemarks on the Land Transfer Question. Pam- 
 phlet, London, 1873. 
 
78 SYSTEM OF LAND TKANSFER. 
 
 1875. Lord Caiens, 
 
 Land Transfer Act of 1875. 
 187-. Colt, F. Hoaee, 
 
 Handy Book on Eegistration of Title and Trans- 
 fer of Land, London. 
 1878-9. Committee, Special, oe House or Commons oisr 
 Land Titles and Teajstsfer, Eeport of, 
 1878-9. (Valuable.) 
 1879. Colonial Authorities, Supplbmentaet Ebtuens 
 TO House of Commons by, 
 System of Conveyancing by Registration of Title 
 in Australia, Tasmania, New Zealand, British 
 Columbia, and Fiji, made up to December 31, 
 1879. London, 1879. 
 1881. Jevons, Peof. W. A., 
 
 The Land Laws. Fortnightly Review, Vol. 35, 
 No. CLXXI., March, 1881. 
 1881. Colonial Authoeities, Retuens to House op 
 Commons by, 1881, 
 Eegistration of Title in the British Colonies, 
 1883. Beodeeick, Hon. George C, 
 
 The Reform in the English Land System. Lon- 
 don, 1883. 
 1883. Maine, Sir Heney, 
 
 Early English Law and Custom, Chap. X. Henry 
 Holt & Co., New York, 1883. 
 1885. Aegtll, Duke of. 
 
 Land Reformers. Contemporary Review, October, 
 1885. 
 1885. Colt, F. Hoaee, 
 
 Supplementary Suggestions on Land Transfer Ques- 
 tion. Pamphlet, London, 1885. 
 1885. Lefeveb, Rt. Hon. G, Shaw, 
 
 The Question of Land. Nineteenth Century, Oc- 
 tober, 1885. 
 
 1885. Marlborough, Duke of, 
 
 The Transfer of Land. Fortnightly Review, April, 
 1885. 
 
 1886. Bar Committee, By Order of. 
 
 Land Transfer. London, 1886. 
 
BIBLIOGRAPHY. 79 
 
 1886. Council of the Tncoeporatbd Law Society of 
 London, 
 Statement on tte Land Laws. London, 1886. 
 1886. Elphinstonb, Howaed W., 
 
 On the Transfer of Land. 2 Law Quarterly Re- 
 view, January, 1886. 
 1886. HoBHousE, Rt. Hon. Lord, 
 
 Free Land. Contemporary Review, Part I., Feb- 
 ruary, 1886; Part IL, March, 1886. 
 1886. Key, Thomas, 
 
 Registration of Title to Land. 2 Law Quarterly 
 Review, July, 1886. 
 1886. Morris, R. Burnet, 
 
 Registration of Titles. [Prize Essay.] Lcndon, 
 1886. 
 1886. Stephen, Sir J. F., 
 
 The Laws Relating to Land. National Review, 
 February, 1886. 
 1886. Swan, John, 
 
 An American View of the English Land Problem. 
 National Review, January, 1886. 
 
 1888. Anon. 
 
 Registration. Encyc. Brit., XX., p. 342, 9th ed. 
 
 1889. Council of the Incorporated Law Society of 
 
 London, 
 Observations on the Land Transfer Bill. London, 
 1889. 
 
 NEW ZEALAND. 
 
 1878. Office of Register General of Land, 
 
 Handy Book of the Land Transfer Acts (Torrens 
 System) containing Copies of Acts. By Author- 
 ity. Wellington, 1878. 
 
 UNITED STATES. 
 1898. Anon. 
 
 A Double System of Land Titles. Nation, Vol. 67, 
 No. 1725, p. 46, July 21, 1898. 
 
80 SYSTEM OF LAND TRANSFER. 
 
 ILLINOIS. 
 
 1894. Ybakle, M. M., 
 
 The Torrens System of Registration and Transfer 
 of the Title to Real Estate. 8vo, pp. xx, 265. 
 The Torrens Press, Chicago, 1894. 
 
 MASSACHUSETTS. 
 1891, Anon. 
 
 Suggestions upon some Points relating to Registra- 
 tion of Title to Land. Pamphlet, 8vo, pp. 10. 
 Boston, 1891. (A very interesting and helpful 
 discussion. Written by John L. Thorndike, 
 Esquire, of the Suffolk Bar.) 
 1891. Chaplin, Heman W., 
 
 Land Transfer Reform. Suggestions as to the 
 Questions of Constitutionality. Harv. Law Rev., 
 IV., p. 280, January, 1891. 
 1891. Hassam, John T., 
 
 Land Transfer Reform: The Australian System. 
 Harv. Law Rev., IV., p. 271, January, 1891, 
 And Pamphlet, 8vo, pp. 22, Wright and Potter 
 Printing Co., 18 Post Office Square. Boston, 
 1891. (In favor of Australian system.) 
 1891. Russell, Goveknob William E., 
 
 Governor's Message, 1891. House, No. 49. (Com- 
 mendatory.) 
 1893. Balch, Fkancis V., 
 
 Land Transfer : A Different Point of View. Harv. 
 Law Rev., VI., p. 410, March, 1893. (Practical 
 diificulties.) 
 1893. Beale, Joseph H., 
 
 Registration of Title to Land. Harv. Law Rev. 
 VI., p. 369, February, 1893. (Exposition and 
 commendation.) 
 1893. Garret, James R., 
 
 Land Transfer : A Reply to Criticism of the Tor- 
 rens System. Harv. Law Rev., VII., p. 24, 
 April, 1893. 
 
BIBLIOGEAPHY. 81 
 
 1893. Chaplin, Heman W., 
 
 Eecord Title to Land. Harv. Law Rev., VI., p. 
 302, January, 1893. (Need of Eeform. Sug- 
 gestions from statutes for " quieting title." 
 Constitutional requirements. ) 
 
 1898. Chaplin, H. W., 
 
 The Element of Chance in Land Title, Part L 
 Harv. Law Eev., XII., No. 1, p. 3, 1898. (La^ 
 tent defects of title not discovered by present 
 system of Examination Eeform.) 
 
 1898. Mackat, H. W. B., 
 
 Eegistration of Title to Eeal Estate. Harv. Law 
 Eev., XI., p. 301, January, 1898. (Historical 
 and logical status, possibilities and difficulties of 
 the system.) 
 
 NEW YORK. 
 
 1887. Committee of New York Bar Association on 
 Land Transfer Eeform. Majority Eeport. 
 Martin B. Brown, Park Place, N. Y. Pamphlet, 
 8vo, pp. 12. (In favor of the "Lot System.") 
 1887. Committee of New York Bab Association on 
 Land Transfer Eeform. ' Minority Eeport. 
 Martin B. Brown, Park Place, N. Y. Pamphlet, 
 8vo, pp. 15. (In favor of the "Block System" 
 and the " Olmstead Bill.") 
 1887. Olmstead, Dwight H., 
 
 Land Transfer Eeform, or the Free Transfer of 
 
 Land. Pamphlet, 8vo, pp. 116. Baker, Voor- 
 
 his, & Co., 66 Nassau Street, New York, 1887. 
 
 (Advocating "Torrens" and "Block" systems.) 
 
 1890 (?). Commission of Land Transfer, Majority Bills 
 
 of. No. 1. 
 
 Pamphlet, 8vo, pp. 26. New York, 1890 (?). 
 
 (Providing a Land Register Index on the 
 
 "Block" system.) 
 
INDEX. 
 
 [References ake to Sections.] 
 
 ABSENCE, 
 
 plea of, will not open decree, 38. 
 ACT, 
 
 to provide for llegistering and Confirming Titles to Land, 
 cited as " Land Registration Act," 1. 
 
 takes efiect, Oct. 1, 1898, 116. 
 ACTION, 
 
 fee for registration of notice of pending, $.50, 110. 
 
 against Treasurer for fraud of registration ofiBcer, 97. 
 
 against Treasurer and third party for fraud of registration 
 officer, 97. 
 ACTION AT LAW, 
 
 shall not afiect registered land when, 80. 
 ADMINISTRATION, 
 
 decree granting letters of, copy of to be filed when, 92. 
 
 memorandum not required in, when, 80. 
 ADMINISTRATOR, 
 
 jurisdiction of Probate Court to license dealing with land 
 by, 93. 
 
 notice to, before issue of certificates to heirs or devisees, 92. 
 ADVERSE CLAIMS, 106. 
 
 See Claims, Adverse. 
 ADVERSE POSSESSION, 
 
 See Possession, Adverse. 
 AFFIDAVIT, 
 
 of adverse claims, 106. 
 
 of sale under foreclosure shall be registered, 63. 
 AGENT, 
 
 compensation of, 38. 
 
 death of, 22. 
 
 of non-resident, 22. 
 
 removal of, 22. 
 
 service on, eifect of, 22. 
 AGREEMENT, 
 
 running with the land, registration regarded as, 45. 
 
84 INDEX. 
 
 [References are to Sections.] 
 
 AMENDMENT, 
 
 to application to be like original, 23. 
 AMENDMENT AND ALTERATION OF CERTIFICATES 
 
 OP TITLE, 108. 
 ANSWER, 
 
 cause heard on filing of, 36. 
 how made, 34. 
 
 may be filed by party interested, 34. 
 APPEAL, 
 
 to be entered within thirty days, 14. 
 to Superior Court, 14. 
 to Supreme Judicial Court, 14. 
 vacated, if not entered in thirty days, 16. 
 within one year from fraudulent registration, 38. 
 APPEARANCE, 
 
 effect of entering, 36. 
 APPEARANCE AND ANSWER, 
 
 to be filed within thirty days after appeal, 14. 
 to be filed in Superior Court, 14. 
 effect of entering, 36. 
 APPLICATION FOR REGISTRATION, 
 amendments to, 23, 24. 
 court may require additional facts in, 23. 
 confessed, 35. 
 dismissal of, 37. 
 fee for, three dollars, 110. 
 form of, 21. 
 form of notice of, 31. 
 how made, 20-21. 
 
 index of, shall be kept by recorder, 49. 
 may be made by corporation, how, 19. 
 
 infant through his guardian, 19. 
 
 married woman, how, 19. 
 
 mortgagor, with consent of mortgagee, 19. 
 
 non-resident of Commonwealth, how, 22. 
 
 persons claiming different interests, when, 24. 
 
 person having power of appointment, 19. 
 
 persons owning in fee simple, 19. 
 
 persons under disability, 19. 
 
 tenants for long terms jointly with rever- 
 sioners, 19. 
 may include two or more contiguous parcels, 24. 
 notice of, 31. 
 objections to, 34. 
 plan of land to be filed with, 26. 
 
INDEX. 85 
 
 [Eefeeencks aee to Sections.] 
 
 APPLICATION FOR REGISTRATION — cora^wueri. 
 
 report on, by examiners, 30. 
 
 to be in writing, signed and sworn to, 21. 
 
 to whiom made, 20. 
 
 while pending, land may be dealt with how, 29. 
 
 withdrawal of, 30. 
 
 withdrawal of, before final decree, 37. 
 APPOINTMENT, 
 
 application by persons haying power of, 19. 
 ASSIGNEE IN INSOLVENCY, 
 
 certificate of, surrendered when, 89. 
 
 may get certificate of debtor's land, 88. 
 
 order for reconveyance by, to be registered, 89. 
 ASSIGNMENT, 
 
 certified copy of, to be filed upon issue of assignee's certifi- 
 cate, 88. 
 ASSISTANT RECORDER, 
 
 fraud or negligence of, gives right of action when, 97. 
 
 notified of loss of owner's duplicate, 55. 
 
 registration made in oflBce of, 50. 
 
 statement of liens under Pub. Sts. ch. 191, § 6, to be filed 
 with, 77. 
 
 to attest discharge of mortgage, 62. 
 
 to enter on certificate purport of mortgage, 61. 
 
 to issue certificate to lessee, 64. 
 
 to issue certificate to mprtgagee, 61. 
 
 to keep books for registering attachments, 74. 
 
 to keep entry book, 56. 
 
 to note certificate only on surrender of owner's duplicate, 55. 
 
 to note judgment on certificate, 82. 
 
 to note partition on certificate of mortgagee or lessee, 87. 
 
 to notify owner of adverse claim, 72. 
 
 to refer doubtful point to the court, 53. 
 
 to sign instrument of estate less than fee simple, 52. 
 ASSURANCE FUND, 94. 
 
 amount due on execution paid out of, when, 98. 
 
 exempt from damage for breach of trust, 102. 
 
 income of, to be added to principal, 101. 
 
 may be repleted from Treasury, 99. 
 ATTACHMENT, 
 
 attorney's name to be on writ of, 75. 
 
 dissolution of, certificate of, 76. 
 
 fee for registration of dissolution of, |.50, 110. 
 
 fees for registering, same as for recording, 74. 
 
 if registered, filed, or entered, to be notice to all persons, 51. 
 
86 INDEX. 
 
 [References ake to Sections.] 
 
 ATTACHMENT — continued. 
 
 memorandum not necessary in, when, 80. 
 
 on mesne process afiecting order of court may be registered, 76. 
 
 on mesne process, certificate granted subject to and without 
 note, 39, H 7. 
 
 on mesne process may be continued or discharged, how, 73. 
 
 on mesne process of registered land, 70. 
 
 shall be noted on owner's duplicate certificate, 72. 
 
 to be registei'ed in district where land lies, 71. 
 ATTACHMENTS AND OTHER LIENS, 71-79. 
 ATTORNEY, 
 
 land may be dealt with by, 104. 
 
 letters of, revocation of, to be acknowledged and registered, 104. 
 
 letters of, to be acknowledged and registered, 104. 
 
 may receive owner's duplicate certificate, 41. 
 
 name of plaintiff's, to be on writ of attachment, 75. 
 ATTORNEY-GENERAL, 
 
 notice to, when Commonwealth may have adverse claim, 32. 
 AUTHORITY, 
 
 mortgagee's certificate conclusive, to register instrument, 55. 
 
 owner's duplicate conclusive, to enter new certificate, 62. 
 
 voluntary instrument, only for registration, 50. 
 
 CANCELLATION, (Cf. also Surkkndkr.) 
 
 of interest less than fee simple, how registered, 52. 
 " CAVEAT," 
 
 cf . affidavit of adverse claim after registration, 106. 
 CERTIFICATE, 
 
 affecting attachments or liens to be registered, 73. 
 
 in writ of dower or waste, registered as encumbrance when, 84. 
 
 of amendment, in case of attachment, 76. 
 
 of dissolution of attachment, 76. 
 
 of entry for possession, fee for registration of, f.50, 110. 
 
 of entry in foreclosure, to be filed within thirty days, 63. 
 
 of entry of judgment for plaintiff, on registering judgment, 82. 
 
 of entry of order in attachment on mesne process, 76. 
 
 of final judgment for defendant may be registered, 81. 
 
 of payment of taxes, fee for registration of, $.50, 110. 
 
 recorder's, conclusive evidence of service of notice, 109. 
 CERTIFICATE OF TITLE, 
 
 effect of mistake in, 96. 
 
 entered under execution, — sale to be so noted, 79. 
 
 every, to set forth names of all whose estates make up the fee 
 simple, 48. 
 
 forms of, to be adopted by court, 49. 
 
INDEX. 87 
 
 [Referekces are to Sections.] 
 
 CERTIFICATE OF TITLE — continued. 
 
 in partition proceedings, to be conclusive to what extent, 86. 
 
 may be cancelled by Commonwealth under Pub. Sts. ch. 182, 
 83. 
 
 may be nullified when suiTender cannot be compelled, 107. 
 
 memorandum upon, of adverse claim or encumbrance, 78. 
 
 new, may issue without surrender upon nullification of old, 107, 
 
 new, not to be issued unless it divests owner of fee, 52. 
 
 new, to be binding upon registered owner, 55. 
 
 no new, to be entered unless owner's duplicate be presented, 55. 
 
 no new, to be issued without surrender of old, 107. 
 
 of heirs or devisees, assurance rate on entry of, 94. 
 
 owner entitled to, when land set ofi in severalty, 86. 
 
 owner of, may have memorandum of judgment in partition 
 cancelled, 86. 
 
 person claiming under execution may petition for new, 79. 
 
 petition for surrender of, when wrongfully refused, 107. 
 
 registered owner may annul proceedings before entry of new, 79. 
 
 to be subject of larceny. 111. 
 
 to contain description of land adjudicated on in part, 82. 
 
 to take effect from date of transcription of decree, 42. 
 
 under tax title, to set forth rights of redemption, 79. 
 Assignee's, 
 
 of debtor's land, issued how, 88. 
 
 of debtor's land, to be surrendered when, 89. 
 Duplicate, 
 
 fee for copy and entry of original, $3, 110. 
 
 fee for copy with new certificate, $1, 110. 
 
 fee for each extra copy, |.50, 110. 
 
 lost, new certificate issued in case of, how, 105. 
 
 lost, suggestion to be registered in case of, 105. 
 
 may be issued to all whose estates make up the fee simple, 48 
 
 new, issued in place of lost certificate, 105. 
 
 to be noted how, upon conveyance in fee, 57. 
 Lessee's Duplicate, 
 
 lessee for seven years may get, with what provisions, 64. 
 
 nullification of, when surrender not enforceable, 107. 
 
 petition for surrender of, when wrongfully refused, 107. 
 Mortgagee's Duplicate, 
 
 assignment or extension noted on, 62. 
 
 cancelled on foreclosure, 63. 
 
 new, issued under license of Probate Court how, 98. 
 
 nullification of, when surrender not enforceable, 107. 
 
 surrender of, on discharge of mortgage, 62. 
 
 surrender of, petition for, when wrongfully refused, 107, 
 
88 INDEX. 
 
 [References ake to Sectioks.] 
 
 CERTIFICATE OF TITLE — continued. 
 
 surrender of, to be conclusive authority to register instru- 
 ments, 62. 
 
 to be cancelled on discharge, 62. 
 Original, 
 
 as conclusive evidence, 47. 
 
 certified copies of, as conclusive evidence, 47. 
 
 fee for enti-y of, $3, 110. 
 
 first registered, how entitled, 42. 
 
 memorandum on, of mortgagee's duplicate, 61. 
 
 takes effect from date of transcription of decree, 42. 
 
 to be cancelled on conveyance in fee, 57. 
 
 to be noted how on conveyance in fee, 57. 
 Owner's Duplicate, 
 
 as conclusive evidence, 47. 
 
 cancelled on foreclosure of mortgage, 63. 
 
 court of equity may order memorandum on, 85. 
 
 court of equity may order cancellation of, 85. 
 
 in case of tenants in common, 43. 
 
 issued to ovrners in severalty, 86. 
 
 loss of, notice of, given to assistant recorder, 55. 
 
 memorandum on, of interest less than fee simple, 52. 
 
 new certificate issued only on surrender of, 107. 
 
 new certificate issued without surrender of, when, 107. 
 
 new, issued on reversion after taking by eminent domain, 91. 
 
 new, issued to grantor for unconveyed portion, 58. 
 
 new, issued to grantee upon conveyance in fee, 57. 
 
 new, issued to heirs or devisees of owner, how, 92. 
 
 new, issued to purchaser under license of Probate Court, how, 93. 
 
 new, to grantee of part, valid without certificate to grantor, 58. 
 
 new, to heirs or devisees, memoranda on, cancelled after settle- 
 ment, 92. 
 
 new, to heirs or devisees, memoranda on, before settlement, 92. 
 
 new, to include all land transferred, 58. 
 
 nullification of, when surrender not enforceable, 107. 
 
 one, covering several parcels may be exchanged for several, 44. 
 
 petition for, when wrongfully refused, 107. 
 
 presented with instrument, conclusive authority to register, 55. 
 
 production of, may be ordered by court, 72. 
 
 several, may be exchanged for one covering several parcels, 44, 
 
 to be made by whom and how, 41. 
 
 to be presented with mortgage deed, 61. 
 
 to be surrendered and cancelled upon a conveyance in fee, 57. 
 
 to contain memorandum of attachment, lien, or adverse claim, 
 72. 
 
INDEX. 89 
 
 [Eefekences are to Sections.] 
 
 CERTIFICATE OF TITLE — conhnuerf. 
 to whom to be delivered, 41. 
 where land lies in more than one district, 41. 
 Subsequent to Original, 
 
 how entitled, 42. 
 Trustee's Duplicate, 
 how issued, 65. 
 new, issued on surrender of former, 67. 
 
 CERTIFIED COPY, 
 
 fee for, of decree or registered instrument, 110. 
 
 of decree confirming mortgage sale, 63. 
 
 of decree for partition in relation to mortgage or lease, 87. 
 
 of instruments may be obtained, 56. 
 
 of mortgage or lease to be filed with application, 27. 
 
 of original certificates as conclusive evidence, 47. 
 
 of trust instrument may be registered, 65. 
 CITATION, 
 
 to bear test of judge and seal of court, 5. 
 
 CLAIMANTS, 
 
 under former owner bound by new certificate when, 55. 
 
 CLAIMS, 
 
 against estate, liability of heirs or devisees for, 92. 
 
 CLAIMS. ADVERSE, 
 
 arising after original registration, 
 
 affidavit of, how registered, 106. 
 
 frivolous, may incur double costs, 106. 
 
 invalid, registration of, to be cancelled, 106. 
 
 statement of, 106. 
 
 validity of, how determined, 106. 
 certificates of title free from all, — exceptions, 39. 
 fee for registering, $3, 110. 
 memorandum of certificate of, 78. 
 
 registered at time of transfer to be noted on certificate, 59. 
 COMMISSIONERS, 
 
 copy of return of, in partition proceedings, to be registered, 
 
 86. 
 deed of, when land sold by order of court, 86. 
 return of, in partition proceedings, as affecting mortgage or 
 
 lease, 87. 
 
 COMMONWEALTH, 
 
 may have owner's certificate cancelled when, 83. 
 
 person absent from, may have trustee appointed when, 85. 
 
 to be subrogated to rights of plaintiff, when, 100. 
 
90 INDEX. 
 
 [Refeeences are to Sections.] 
 
 CONTRACT, 
 
 action of, continued pending, action of tort, 96. 
 
 action of, survives to representative of owner, 103. 
 
 action of, to be against whom as defendant, 97. 
 
 action of, to commence within six years, — exceptions, 103. 
 
 for damage or deprivation of land, lies when, 96. 
 
 other remedies to be exhausted before suing in, 96. 
 
 proceeds of action of, treated as real estate, 108. 
 CONVEYANCE, 
 
 memoranda of common forms of, to be adopted, 49, 
 
 when certificates granted subject to, without note, 89. 
 Deed of, 
 
 if registered, to be notice to all persons, 51. 
 
 operates only as contract and authority to register, 50. 
 
 to be executed by owner conveying in fee, hT. 
 
 to be filed and indorsed on conveyance in fee, 57. 
 In Fee, 
 
 how effected, 57. 
 
 of portion of land, how eifected, 58. 
 CORPORATION, 
 
 application for registration by, 19. 
 COSTS, 
 
 may be borne by applicant, 36. 
 
 of survey, 86. 
 
 taxed as in Superior Court in Equity, 18. 
 COURT OF EQUITY, 
 
 decree of, may be registered like judgment at law, 85. 
 
 may order cancellation of certificates or entry of memoran- 
 dum, 85. 
 
 may order execution of instruments to give effect to decree, 85. 
 COURT OF REGISTRATION, 
 
 a court of record, 2. 
 
 appeal from, to Superior Court, 14. 
 
 assistant judge of, 3. 
 
 assistant recorder to refer doubtful point to, 53. 
 
 cannot open original decree of registration when, 108. 
 
 clerk of, recorder to be, 7. 
 
 decision of, to stand if not appealed in thirty days, 16. 
 
 judge of, 3. 
 
 jui-isdiction of, 2. 
 
 may be held by single judge, 4. 
 
 may cancel certificate in informations under Pub. Sts., ch. 182, 
 83. 
 
 may cancel memorandum on certificate of judgment in par- 
 tition, 86. 
 
INDEX. 91 
 
 [Eefebesces are to Sections.] 
 
 COURT OF REGISTRATION — conftnue^i. 
 
 may dismiss application, 37. 
 
 may enforce its orders like court of equity, 17. 
 
 may grant entry of new certificate after expiration of time 
 for redemption, 79. 
 
 may hear petition for change or cancellation of certificate, 108. 
 
 may order alteration in registration book, 108. 
 
 may order amendment of application, 24. 
 
 may order owner to produce duplicate certificate, 72. 
 
 may order survey, 36. 
 
 petition to, for entry of new certificate, 63. 
 
 procedure in, 2. 
 
 session of, 4. 
 
 shall enter final decree, 15. 
 
 shall have exclusive original jurisdiction, 2. 
 
 shall order notice of application, 31. 
 
 vacancy in, how filled, 3. 
 
 where held, 2. 
 CURTESY, 
 
 (See Land, Registered, legal incidents of, 70.) 
 
 DAMAGE, 
 
 of land, when action for lies against treasurer, 97. 
 
 one sustaining, for loss of land may sue in contract, when, 96. 
 DEATH, 
 
 on, of owner, heirs or devisees get new certificate how, 92. 
 
 suggestion of, fee for registration of, $.25, 110. 
 DECREE, 
 
 affecting title or rights in land may he registered, 85. 
 
 appeal from, to Superior Court, 14. 
 
 confirming sale in foreclosure of mortgage, 63. 
 
 copy of, in proceedings for partition to be registered, 86. 
 
 court cannot open original, of registration, when, 108. 
 
 dismissing application, 37. 
 
 fee for certified copy of, 110. 
 
 fee for registration of notice of, f .50, 110. 
 
 for defendant may be registered, when, 81. 
 
 for partition, in relation to mortgage or lease, 87. 
 
 if registered, filed, or entered, to be notice to all persons, 51. 
 
 may be registered within sixty days when, 80. 
 DECREE OF REGISTRATION, 
 
 fee for copy of $1, 110. 
 
 fee for entry of, and memorandum, $1, 110. 
 
 fraudulent, subject to review for a year if no innocent pur- 
 chaser, 38. 
 
92 INDEX. 
 
 [Refekences ake to Sections.] 
 
 DECREE OF REGISTRATION — continued, 
 how dated, 40. 
 
 index of to be kept by recorder, 49. 
 not to affect land when, 80. 
 
 not to be opened by reason of absence or disability, 38. 
 ordering execution of necessary instruments, 85. 
 remedy when aggrieved by, 38. 
 shall be conclusive, 38. 
 shall quiet title, 38. 
 to be set forth upon certificates, 40. 
 to be dated and signed by recorder, 40. 
 to contain description of land and owner, 40. 
 to be fi:led and numbered, 41. 
 to be transcribed in registration book, 41. 
 to refer to record of original certificate, 41. 
 to set forth all estates and encumbrances in order of priority, 40. 
 to stand, if appeal not taken in thirty days, 16. 
 vacating proceedings in insolvency, copy of, to be registered, 
 
 89. 
 when owner is under disability shall state it, 40. 
 withdrawal of application before final, 37. 
 DEEDS, 
 
 creating equitable interests, 
 
 certified copies of, may be registered, 65. 
 
 containing powers, to be noted on certificate, 66. 
 
 to be referred to on certificate, 65. 
 
 to contain reference to certificate, 65. 
 duplicate of, to be presented with original, 56. 
 execution of, may be ordered to give effect to decree, 85. 
 filing of, to be indexed, 56. 
 form of, no change in, 50. 
 
 mortgage, may be assigned, discharged, etc., 60. 
 mortgage, purport of to be noted on certificate, 61. 
 mortgage, to be registered, 60. 
 
 mortgage, to affect title from time of registration, 60. 
 not effective as conveyance of land, 50. 
 recording, pending application for registration, fee for, $.25, 
 
 110. 
 shall authorize registration, 50. 
 shall contain description of grantee, 54. 
 shall operate only as a contract, 50. 
 
 under powers, admitted to registration under what precau- 
 tions, 66. 
 under license of Probate Court filed on issue of new certificate, 
 
 93. 
 
INDEX. 93 
 
 [References are to Sections.] 
 
 DEFAULT, 
 
 all the world coacluded by, 35. 
 court may order a general, 35. 
 
 DEFENDANT, 
 
 third party joined as, with Treasurer, when, 97. 
 entitled to certificate after final judgment or decree, 81. 
 Treasurer sole, in action for loss or damage to land, when, 97. 
 
 DEMANDANT, 
 
 recovering judgment is entitled to registered certificate, 82. 
 when entitled to estate in fee also to entry of certificate, 83. 
 
 DESCENT, 
 
 certificate entered on transfer by, to be so noted, 92. 
 laws of, unchanged, 70. 
 transfer by, 92. 
 
 DESCKIPTION. 
 
 See Land, description of. 
 
 DEVISEE, 
 
 certificate of, to be noted how, 92. 
 
 liability of, for claims against estate, 92. 
 
 may petition to have memoranda cancelled after settlement, 92. 
 
 of owner may get new certificate, 92. 
 
 DIRECTORS OF CORPORATIONS, 
 
 application for registration by, ]9. 
 
 DISABILITY, 
 
 applications for registration by persons under, 19. 
 decree of registration not opened by reason of, 38. 
 of owner to be stated in decree of registration, 40. 
 
 DISCHARGE, 
 
 from insolvency with order for reconveyance, copy to be regis- 
 tered, 89. 
 of attachment or levy, fee for registration of $.50, 110. 
 of encumbrance, fee for registration of $.50, 110. 
 
 DISCONTINUING, 
 
 as to parties, 23. 
 
 DOMAIN, EMINENT. 
 See Eminent Domain. 
 
 DOWER, 
 
 judgment under Pub. Sts. ch. 174, in writ of, to be registered 
 
 as encumbrance, 84. 
 (See Land, Registered, legal incidents of, 70.) 
 
94 INDEX. 
 
 [Befebence^ are to Sections.] 
 
 DUPLICATE, 
 
 See Certificate, duplicate. 
 
 EASEMENTS, 
 
 unregistered, appurtenant to registered land, shall remain, 39. 
 unregistered, cut off by registration of servient estate, 39. 
 
 EJECTMENT, 
 
 judgment for plaintiff in, under Pub. Sts. ch. 175, for terms 
 less than seven years, not entitled to registration, 82. 
 
 EMINENT DOMAIN, 90, 91. 
 
 description of land or interest taken by, to be registered, 90. 
 lien upon land taken by, to appear in memorandum, 90. 
 memoranda of interest taken by, to be made on certificates, 90. 
 on reversion after taking by, certificate issues to reversioner, 91. 
 registration fees to be paid by authority taking by, 90. 
 
 ENCUMBRANCES, 
 
 certificate free from all, except what, 89. 
 
 certificate issued subject to, without note, when, 39. 
 
 discharge or release of, fee for registration of $.50, 110. 
 
 judgment in writ of dower registered as, when, 84. 
 
 memorandum of, on certificate, 78. 
 
 registered at time of transfer to be noted on certificate, 59. 
 
 ENTRY, 
 
 certificate of, on foreclosure, shall be registered within thirty 
 
 days, 68. 
 for possession, fee for registration of memorandum of, |.50, 
 
 110. 
 EQUITY, 
 
 court of, may order essential instruments executed, 85. 
 decree in, affecting land, registered like judgment at law, 85. 
 decree in, good if registered in sixty days when notice of 
 
 pendency has been given, 80. 
 proceeding in, not to affect land unless memorandum is 
 
 registered, 80. 
 
 ERROR, 
 
 remedy of one deprived of interest in land by, 96. 
 ESTATES, 
 
 less than fee simple, how registered, 52. 
 
 making up fee simple, all owners of, may get duplicate cer- 
 tificates, 48. 
 making up fee simple, names of all owners of, noted on all 
 
 certificates, 48. 
 of fee simple ; see Fee Simple. 
 
INDEX. 95 
 
 [References are to Sections.} 
 
 EVIDENCE, 
 
 certificate in partition proceedings as conclusive, 86. 
 
 certificates and certified duplicates as conclusive, 47. 
 
 recorder's certificate of service of notice as conclusive, 109. 
 EXAMINERS OF TITLE, 
 
 adverse opinion of, 31. 
 
 appointed by judge of registration, 12. 
 
 court not bound by report of, 35. 
 
 fraud or negligence of, gives right of action when, 97. 
 
 may act as masters, 36. 
 
 may be removed by Supreme Judicial Court, 12. 
 
 one or more in each county, 12. 
 
 opinion of, preliminary to application for registration, 31. 
 
 report by, on investigation of application, oO. 
 
 report of, like that of master in equity, 36. 
 
 shall be attorneys at law, 12. 
 EXECUTION, 
 
 amount due on, certified to Governor when, 98. 
 
 issued only against Treasurer's co-defendant, 98. 
 
 levy of, affecting registered land, memorandum not required 
 in, 80. 
 
 levy on, registered land not freed from, 70. 
 
 not issued against Treasurer, 98. 
 
 when unsatisfied by Treasurer's co-defendant, 98. 
 
 EXECUTOR, 
 
 jurisdiction of Probate Court over, 93. 
 
 notice to, before issuing certificates to heirs or devisees, 92. 
 
 FEE SIMPLE, 
 
 conveyance in, 57-59. 
 
 names of all owners of estates making up, noted on all cer- 
 tificates, 48. 
 
 owners in, may apply for registration, 19. 
 
 owners of all estates making up, may get duplicate certificates, 
 48. 
 
 persons with power of disposing of estate in, may apply for 
 registration, 19. 
 
 FEES, 
 
 for application for registration, $3, 110. 
 attested copy of memorandum, $.50, 110. 
 certified copy of decree or registered instrument, 110. 
 copy of decree of registration, f 1, 110. 
 entering change of address and attesting on duplicate, 
 $.25, 110. 
 
96 INDEX. 
 
 [References are to Sections.] 
 
 FEES — continued. 
 
 for entering decree of registration and sending memorandum, 
 $1, 110. 
 
 entering order dismissing application for registration and 
 sending memorandum, $1, 110. 
 
 entering original certificate and issue of one duplicate, 
 $3, 110. 
 
 examining title, $5, and ^^ of 1% of value of land, 110. 
 
 filing and registration of adverse claim, $3, 110. 
 
 filing petition after original registration, $1, 110. 
 
 filing plan, $.75, 110. 
 
 indexing deeds recorded pending application for registra- 
 tion, f .25, 110. 
 
 issue of each additional duplicate certificate, $.50, 110. 
 
 making and entering new certificate and issue of one dupli- 
 cate, $1, 110. 
 
 memorandum on mortgage, lease, etc., $1, 110. 
 
 note in entry, or registration book, $.25, 110. 
 
 notice by mail, $.25 and cost of printing, 110. 
 
 notice by publication, $.25, and cost of publication, 110. 
 
 registering attachments same as for recording, 74. 
 
 registration of certificate or receipt for payment of taxes, 
 $.50, 110. 
 
 registration of discharge or release of encumbrance, $.50, 
 110. 
 
 registration of every instrument, $1.50, 110. 
 
 registration of levy or attachment or discharge of same, 
 $.50, 110. 
 
 registration of mechanic's liens for labor, etc., $.50, 110. 
 
 registration of memorandum certificate or deposition of 
 entry, $.50, 110. 
 
 registration of notice of issue of warrant in insolvency, 
 $.25, 110. 
 
 registration of suggestion of death, $.25, 110. 
 
 service by sheriff, unchanged, 110. 
 of public officers, in cases not expressly provided for, 110. 
 
 FORECLOSURE OF MORTGAGE, 
 by entry and possession, 63. 
 may be impeached, 63. 
 may be made as of unregistered land, 63. 
 mortgagee may petition for entry of certificate after, 63. 
 on, by entry, certificate must be filed in thirty days, 63. 
 purchaser under, may obtain certificate, 63. 
 under power of sale under decree of court, 63. 
 under Pub. Sts. ch. 181, 63. 
 
INDEX. 97 
 
 [Eefekences are to Sections.] 
 
 FORGERY, 
 
 of records, certificates, etc., penalties for, 113. 
 of seal of court, penalty for, 114. 
 
 FRAUD, 
 
 decree obtained by, subject to appeal within a year if no inno- 
 cent purchaser, 38. 
 
 in conveying encumbered laud, penalty for, 115. 
 
 of registration officer gives right of action when, 97. 
 
 one deprived of land by, has all legal remedies against parties 
 to, 55. 
 
 one deprived of land by, may sue in contract when, 96. 
 
 registration void when procured by, 55. 
 
 review in case of, 38. 
 
 FRIVOLOUS CLAIMS, 
 
 may incur double costs when, 106. 
 
 GOVERNOR, 
 
 to appoint judges of court, 8. 
 
 to appoint recorder, 3. 
 
 to be certified of amount of execution when, 98. 
 
 to draw warrant for amount of execution when, 98. 
 
 GUARDIAN, 
 ad litem, 38. 
 application by, 19. 
 compensation of, 38. 
 
 jurisdiction of Probate Court to license dealing with land by, 
 not impaired, 93. 
 
 HEIR, 
 
 liability of, for claims against estate, 92. 
 
 may petition court to cancel memoranda after settlement, 92. 
 
 of owner may get new certificate, 92. 
 
 HIGHWAY, 
 
 line of, determined how, 32. 
 
 INDEXES, 
 
 forms of, to be prepared, 49. 
 
 of applications, decrees of registration, etc., 49. 
 
 INFANCY, 
 
 plea of, will not open decree, 38. 
 
 INFANT, 
 
 application of, by guardian, 19. 
 
98 INDEX. 
 
 [Eefekences are to Sections.] 
 
 INNOCENT PURCHASER FOR VALUE, 
 
 holds free from encumbrances, when, 39. 
 
 interest acquired by, cuts of£ right of review in case of fraud, 
 38. 
 
 new certificate binds claimants under former owner in favor 
 of, 55. 
 
 rights of, not to be impaired by court, when, 108. 
 
 rights of, saved from remedies for vendor's fraud, 55. 
 INSANITY, 
 
 of party to decree, court may appoint trustee, 85. 
 
 INSOLVENCY, 88-89. 
 
 assignee in, may get certificates of debtor's land, 88. 
 
 copy of decree vacating proceedings in, to be registered, 89. 
 
 copy of discharge from, with reconveyance, to be registered, 89. 
 
 messenger in, to register notice of warrant, 88. 
 
 notice of warrant against owner in, to be registered, 88. 
 
 notice of warrant in, fee for registration of, $.25, 110. 
 
 right by assignee in, to recover land, 70. 
 
 JOINDER OP PARTIES, 23. 
 
 JUDGE OF COURT OF REGISTRATION, 
 
 assistant, salary of, 13. 
 
 salary of, 13. 
 JUDGMENT, 
 
 afEecting part of land described in certificate, 82. 
 
 against treasurer and others, execution against latter, 98. 
 
 certificate of entry of, for plaintiff, filed before registration of, 
 82. 
 
 copy of, in partition proceedings, to be registered, 86. 
 
 fee for registration of notice of, S.50, 110. 
 
 for defendant entitled to registration, 81. 
 
 for plaintiff entitled to registration when, 82. 
 
 for plaintiff in writ of waste registered as encumbrance, 84. 
 
 in action of ejectment not entitled to registration, 82. 
 
 in action under Pubi Sts. ch. 175 (terms less than seven years), 
 not to be registered, 82. 
 
 in partition proceedings in relation to mortgage or lease, 87. 
 
 in partition proceedings to be entered on certificate, 86. 
 
 in writ of dower under Pub. Sts. ch. 175, registered as encum- 
 brances, 84. 
 
 may be issued against treasurer alone when, 98. 
 
 may be registered within sixty days when, 80. 
 
 not to affect registered land when, 80. 
 
 on mortgage note not to affect title when, 63. 
 
INDEX. 99 
 
 [Eeferences are to Sections,] 
 
 JURISDICTION, 
 
 of Probate Court to license dealing with land by executors, 
 administrators, or guardians not impaired, 93. 
 JURY, 
 
 trial by, 14. 
 
 LAND, 
 
 adverse claims to, by Commonwealth, 32. 
 bordering on great pond, 32. 
 bordering on river, 32. 
 bordering on sea, 32. 
 
 bound by deed of trustee appointed by court, 85. 
 bounded on public or private way, 25. 
 certificate to, may be granted when sold on execution, 79- 
 conveyance affecting, shall be notice to all persons, 51. 
 conveyance of part of, 58. 
 
 decree affecting title or rights in, may be registered, 85. 
 description of, in application for registration, 21, 25. 
 description of, lying in different districts to be separate, 41. 
 description of, on certificate when set off in severalty, 87. 
 fraudulent conveyance of encumbered, penalty for, 115. 
 interest less than fee simple in, how registered, 52. 
 lease of, for less than seven years, certificate subject to with- 
 out note, 39. 
 lease of, for seven years or more, may be registered, 64. 
 legal incidents of, 70. 
 
 lien affecting, to be registered in district where land lies, 71. 
 loss or damage to, when action lies against Treasurer for, 97. 
 lying in more than one district treated as separate parcels, 41, 
 not affected by deed except for lease under seven years, 50. 
 one deprived of, by fraud, etc., may sue in contract when, 96. 
 owner of, may deal with as if not registered, 50. 
 owner of, may mortgage, 60. 
 
 partition of, copy of proceedings in, to be registered, 86. 
 records of, to be open to the public, 56. 
 set-off in severalty, owner entitled to certificate of share, 86. 
 several parcels of, may be covered by one or several cer- 
 tificates, 44, 
 sold by order of court, purchaser entitled to certificate, 86. 
 sold for assessment under Pub, Sts, ch, 51, §§ 11-13, 78. 
 
 costs for removing dangerous structures, 78. 
 
 erecting fences along line of railway, 78. 
 
 flowing land, 78. 
 
 improving meadows and swamps, 78. 
 
 taxes or assessment, 78. 
 
100 INDEX. 
 
 [Refekenoes are to Sections.] 
 
 LAND — continued. 
 
 sold or set off on execution, 78. 
 
 Bold under lien for labor or materials, 78. 
 
 sold under lien of mortgagee, or for payment of taxes, 78. 
 
 taken by eminent domain. (See Eminent Domain.) 
 
 when divided into lots, plan to be filed, 44. 
 LAND REGISTRATION OFFICE, 8. 
 LARCENY, 
 
 certificates shall be subjects of. 111. 
 LEASE, 
 
 fee for memorandum on $1, 110. 
 
 for less than seven years, judgment under, 82. 
 
 for less than seven years to bind land, 50. 
 
 for seven years or more authorizes registration, 50. 
 
 for seven years or more not effective as a conveyance, 50. 
 
 for seven years or more to be registered, 64. 
 
 for terms under seven years, certificates granted subject to, 
 without note, 39, ^ 4. 
 
 form of, no change in, 50. 
 
 when registered prior to partition proceedings, 87. 
 LEGAL INCIDENTS OF REGISTERED LAND, 70. 
 LEGAL PROCESS, 
 
 service of, upon non-residents, 22. 
 LESSEE, 
 
 certificate of, to be registered after partition Droceedings, 87. 
 LESSOR, 
 
 tenant of, to register lease after partition proceedings, 87. 
 LETTERS OF ATTORNEY. 
 
 See Attorney. 
 LIABILITY, 
 
 for betterments, etc., when certificate granted subject to, 
 without note, 39, 1[ 5. 
 
 of heirs or devisees for claims against estate, 92. 
 LICENSE, 
 
 to deal with land, jurisdiction of Probate Court to grant execu- 
 tors, administrators, and guardians, not impaired, 93. 
 LIEN, 
 
 affecting land to be registered in district where land lies, 71. 
 
 affecting portion of land, to describe portion, 71. 
 
 for labor and materials, 77. 
 
 for labor and materials, fee for registration of, 110. 
 
 if registered, filed, or entered, to be notice to all persons, 51. 
 
 liability of land to, 70. 
 
 may be continued, or discharged, 73. 
 
 mechanic's, fee for registration of, 110. 
 
INDEX. 101 
 
 [References are to Sections.] 
 
 LIEN — continued. 
 
 on registered land enforced like lien npon unregistered land, 78. 
 
 owner's, for damages, on land taken by eminent domain, 90. 
 
 owner may annul proceedings to enforce, before entry of new 
 certificate, 79. 
 
 to be noted on owner's duplicate, 72. 
 
 when certificate granted subject to, without note, 39, If 1. 
 LIMITATION" OF ACTION, 
 
 against Treasurer, 103. 
 
 for loss or damage to land, 103. 
 LOSS, 
 
 notice of, of duplicate to be sent to assistant recorder, 55. 
 
 of duplicate, new certificate issued in case of, 106. 
 
 of duplicate, suggestion to be registered in case of, 105. 
 
 of duplicate, validity of new certificate issued in case of, 105. 
 
 of land, when action for lies against Treasurer, 97. 
 
 one sustaining, may sue in contract when, 96. 
 
 MARRIED WOMAN, 
 
 application for registration by, 19. 
 MECHANIC'S LIEN, 
 
 copy of statement under Pub. Sts. ch. 191, § 6, to be regis- 
 tered, 77. 
 MEMORANDUM, 
 
 attested copy of, fee for, $.50, 110. 
 
 court of equity may order, on owner's duplicate, 85. 
 
 fee for, on mortgage, lease, etc., |1, 110. 
 
 forms of, to be adopted by court for use of assistant recorder, 49. 
 
 of deeds creating equitable interests to be entered on certifi- 
 cates, 65. 
 
 of entry for possession, fee for registration of, §.50, 110. 
 
 of interest taken by eminent domain to be made on certifi- 
 cate, 90. 
 
 to be registered in all proceedings in law and equity, 80. 
 MESNE PROCESS, 
 
 attachment of portion of land on, to describe portion affected, 
 71. 
 
 attachment on, 70. 
 
 laws now relating to, to apply to registered land, 74. 
 
 may be continued, or discharged, 73, 
 
 when affected by order of court, 76. 
 MINOR, 
 
 court may appoint trustee for, to execute instruments, 85. 
 MISTAKE, 
 
 of registration officer gives right of action, when, 97. 
 
102 INDEX. 
 
 [Refebences ake to Sections.] 
 
 MORTCxAGE, 
 
 affects title from time of registration, 60. 
 
 assignment, extension, discharge, and release of, to be regis- 
 tered, 60. 
 
 assignment of, to be noted on mortgagee's duplicate, 62. 
 
 authorizes registration, 50. 
 
 discharge of, mortgagee's duplicate to be cancelled, 62. 
 
 extension of, to be noted on mortgagee's duplicate, 62. 
 
 fee for memorandum on, $1, 110. 
 
 fee for registration of discharge or release of, $.50, 110. 
 
 foreclosure of, certificate of entry to be registered, 63. 
 
 form of, no change in, 50. 
 
 jurisdiction of Probate Court to license, by executors, adminis- 
 trators, or guardians, not impaired, 93. 
 
 not to take effect as a conveyance, 50. 
 
 of land held in trust registered under what precautions, 66. 
 
 owner of land may, 60. 
 
 power to, in deed creating equitable interest, how noted on 
 certificate, 66. 
 
 purchaser under foreclosure of, may obtain certificate, 63. 
 
 registration of, 60, 61. 
 
 under license of Probate Court not affected, 93. 
 
 when registered prior to partition proceedings, 87. 
 MORTGAGEE, 
 
 after foreclosure may petition for entry of certificate, 63. 
 
 certificate of, to be registered after partition proceedings, 87. 
 
 entitled to " Mortgagee's duplicate '' certificate, 61. 
 
 under license of Probate Court entitled to certificate, 93. 
 MORTGAGOR, 
 
 application for registration by, with consent of mortgagee, 19. 
 
 tenant of, to register mortgage after partition proceedings, 87. 
 MOTION, 
 
 after original registration to be filed and entitled in original 
 case, 108. 
 
 NEGLIGENCE, 
 
 of registration officer gives right of action, when, 97. 
 
 one deprived of land without his own, may sue in contract, 
 
 when, 96. 
 NOTICE, 
 
 by mail, fee for, $.25, and cost of printing, 110. 
 
 by publication, fee for, $.25, and cost of publication, 110. 
 
 by publication or otherwise, court may order, 109. 
 
 every conveyance, etc., if registered, filed, or entered, to be, to 
 
 all persons, 51. 
 
INDEX. 103 
 
 [References are to Sections.] 
 
 TSOTICE — continued. 
 
 fee for, of action, judgment, or decree, |.50, 110. 
 
 of discharge or continuance of attachment or lien to be given, 
 73. 
 
 of loss of owner's duplicate to be sent to assistant recorder, 55. 
 
 of pendency of action, effect of, 80. 
 
 proof of service of, recorder's certificate to be conclusive, 109. 
 
 served by mailing, 54. 
 
 to all parties of a doubtful question, 53. 
 
 to be mailed to address on certificate, 109. 
 
 to interested parties before issue of certificates to heirs or devi- 
 sees, 92. 
 NOTICE OF APPLICATION, 
 
 form of, 31. 
 
 to Attorney-General, 32, 
 
 to be posted on land by sheriff, 32. 
 
 to whom mailed, 31. 
 NULLIFICATION, 
 
 of mortgagee's or lessee's certificate, when surrender not en- 
 ■ forceable, 107. 
 
 of owner's duplicate when surrender not enforceable, 107- 
 
 ORDER OF COURT, 
 
 appeal to Superior Court, 14. 
 
 dismissing application for registration, fee for entry of, 110. 
 
 if registered, filed, or entered, to be notice to all parties, 51. 
 
 of form of memorandum, 53. 
 
 of memorandum on new certificate and owner's duplicate, 55. 
 
 of notice, 5. 
 
 referring applications to examiners, 30. 
 
 to stand, if appeal not entered within thirty days, 14-16. 
 
 PARTICULAR ESTATE, 
 
 names of owners of, to be noted in registration book and on 
 certificates, 48. 
 PARTITION, 
 
 between coparceners, rights of, unchanged, 70. 
 certificate entered in proceedings for, conclusive to what ex- 
 tent, 86. 
 copy of judgment or decree in proceedings for, to be regis- 
 tered, 86. 
 decree for, in relation to mortgage or lease, 87. 
 petition for, not to affect land, when, 80. 
 PENALTIES, 111-115. 
 
104 INDEX. 
 
 [References aee to Sections.] 
 
 PENDING SUITS, JUDGMENTS, DECREES, AND PAR- 
 TITIONS, 80-88. 
 
 PERJURY, 
 
 punished under statutory penalties, 112. 
 PETITION, 
 
 after original registration to be filed and entitled in original 
 case, 108. 
 
 by heir or devisee for cancellation of memoranda after settle- 
 ment, 92. 
 
 by owner to have memorandum of judgment in partition can- 
 celled, 86. 
 
 fee for filing, after original registration, $1, 110. 
 
 for hearing on validity of claims arising after original regis- 
 tration, 106. 
 
 for certificate to replace lost duplicate, 105. 
 
 for partition, see Partition. 
 
 for review of decree of registration obtained by fraud, 38. 
 
 for surrender of mortgagee's or lessee's certificate when wrong- 
 fully refused, 107, f 3. 
 
 for surrender of owner's duplicate when wrongfully refused, 107. 
 
 on change of name in certificate, 108. 
 
 on creation of unregistered interests, 108. 
 
 on dissolution of corporation, 108. 
 
 on error or mistake in registration, 108. 
 
 on maiTiage of registered owner, 108. 
 
 on termination of marriage, 108. 
 
 on termination of registered interests, 108. 
 PETITIONER, 
 
 may have instruments executed to give effect to decree, 85. 
 PLAINTIFF, 
 
 may have instruments executed to give effect to decree, 85. 
 
 may sue in tort for damage or deprivation of land, 96. 
 
 payment by Treasurer subrogates Commonwealth to rights of, 
 100. 
 
 recovering judgment entitled to certificate, 82. 
 
 to recover only fair market value, 102. 
 PLAN, 
 
 fee for filing, $.75, 110. 
 
 of land divided into lots to be filed with recorder, 44. 
 POSSESSION, ADVERSE, 
 
 no title in derogation of registered owner's to be acquired by, 
 46. 
 
 POWER OF APPOINTMENT, 
 
 application for registration by persons having, 19, T[ 2. 
 
INDEX. 105 
 
 [Refeeences aee to Sections.] 
 
 POWER OF ATTORNEY, 
 
 revocation of, to be acknowledged and registered, 104. 
 
 to be acknowledged and registered, 104. 
 POWERS, 
 
 deeds under, registered under what precautions, 66. 
 
 in deeds creating equitable interests, how noted in certificates, 
 66. 
 PREJUDICE, 
 
 application dismissed without, 37. 
 PRESCRIPTIOlSr, 
 
 no title in derogation of registered owner's to be acquired 
 by, 46. 
 PRIVATE WAY, 
 
 land bounded on, 25. 
 PROBATE, 
 
 decree of, certified copy to be filed upon application for new 
 certificate, 92. 
 
 decree of, thirty days to elapse before application for new cer- 
 tificate, 92. 
 PUBLIC WAY, 
 
 land bounded on, 25. 
 PURCHASER, 
 
 under license of Probate Court entitled to new certificate, 93. 
 
 QUIETING TITLE, 
 
 decree, may be registered, 85. 
 
 RECONVEYANCE, 
 
 order for, by assignee, copy of to be registered, 89. 
 RECORDER, 
 
 assurance fund to be paid to, 94. 
 
 application for registration to be filed with, 20. 
 
 appointment of, 7. 
 
 certificate of, of service of notice, conclusive, 32, 109. 
 
 copy of original certificate by, to be conclusive, 47. 
 
 death or disability of, 10. 
 
 fraud or negligence of, gives right of action, 97. 
 
 jointly liable with third party for fraud or negligence, 97. 
 
 may act in any county, 9. 
 
 may administer oath, 11. 
 
 may employ assistants, 8. 
 
 may make memoranda affecting title, 9. 
 
 notice by, of examiner's report, 30. 
 
 notice by, to be mailed, 109. 
 
 salary of, 18. 
 
106 INDEX. 
 
 [References are to Sections.] 
 
 RECORDER — continued. 
 
 shall attest alteration in registration book, 108. 
 
 be clerk of court, 7. 
 
 be sworn, 11. 
 
 be under direction of court, 8. 
 
 have custody of documents, 8. 
 
 keep accounts of fees, 11. 
 
 keep indexes of decrees and applications, 49. 
 
 mail notice of application, 32. 
 
 make no memorandum on certificate unless owner's du- 
 plicate be presented, 55. 
 
 not alter registration book, 108. 
 
 not enter certificate if owner's duplicate not presented, 
 107. 
 
 notify Attorney-General of application when, 32. 
 
 notify mayor or selectmen of application, when, 32. 
 
 pay assurance fund over to Treasurer, 95. 
 
 pay receipts quarterly to Treasurer, 11. 
 
 prepare indexes and entry books, 49. 
 
 publish notice of application, 31. 
 
 report case to register of deeds, 29. 
 
 send certified copy of decree to assistant recorder, 
 term of service, 7. 
 vacancy in office of, 10. 
 REDEMPTION, 
 
 after expiration of time for, court may grant entry of new 
 certificate, 79. 
 REGISTERED LAND, 29. 
 REGISTER OF DEEDS, 
 authority of, 10. 
 to be assistant recorder, 10. 
 REGISTRATION, 
 
 an agreement running with the land for continued registra- 
 tion, 45. 
 application for, of title, who may make, 19. 
 assurance fund to be paid on original, 94. 
 court may order, after default, 35. 
 decree of. See Decree or Registration. 
 effect of, when procured by fraud, 55. 
 fee for filing petition after original $1, 110. 
 judgment for plaintiff entitled to registration, 82. 
 of adverse claim, fee for, $3, 110. 
 of cancellation of interest less than fee simple, 52. 
 of certificate or receipt for payment of taxes, fee for, $.50, 110. 
 of decree affecting or quieting title, 85. 
 
INDEX. 107 
 
 [References abb to Sections.] 
 
 REGISTRATION — continued. 
 
 of discharge or release of encumbrauee, fee for, $.50, 110. 
 
 of every instrument, fee for, $1.50, 110. 
 
 of interest less than fee simple, how made, 52. 
 
 of land held in trust, 66. 
 
 of levy or attachment, or discharge thereof, fee for, $.50, 110. 
 
 of mechanic's liens or liens for labor or materials, fee for, $.50, 
 110. 
 
 of memorandum, certificate, or deposition of entry, fee for, 
 $.50, 110. 
 
 of mortgage, 60, 61. 
 
 of notice of issue of warrant in insolvency, fee for, $.25, 110. 
 
 of order of court, 53. 
 
 of title, who may make application for, 19. 
 
 one deprived by fraud of land after original may sue in con- 
 tract, 96. 
 
 procured by fraud, error, mistake, etc., effect of, 96. 
 
 procured by forged certiiicate or deed, to be void, 55. 
 
 to be made in district where land lies, 50. 
 
 to be the operative act to convey, 50. 
 REGISTRATION BOOK, 
 
 copy of decree of registration to be transcribed in, 41. 
 
 entries in, to be made by assistant recorder, how, 41. 
 
 fee for note in, $.25, 110. 
 
 no alteration in, except by order of court, 108. 
 
 original certificate of title to be entered in, 41. 
 RELEASE, 
 
 of encumbrance, fee for registration of, $.50, 110. 
 RETURN DAY, 32. 
 REVERSIONER, 
 
 application by, 19, TT 4. 
 
 new certificate issues to, on reversion of land taken by eminent 
 domain, 91. 
 REVIEW, 
 
 bill of, not to affect land when, 80. 
 
 in case of fraud, 38. 
 
 petition for, to be filed within one year after decree, 38. 
 REVOCATION, 
 
 of letter of attorney, to be acknowledged and registered, 104. 
 
 SALE, 
 
 of land held in trust, registered under what precautions, 66. 
 power of, in deed creating equitable interest, noted in certifi- 
 cate, 66. 
 
108 INDEX. 
 
 [References are to Sections.] 
 
 SALE — continued. 
 
 jurisdiction of Probate Court to license, by executor, adminis- 
 trator or guardian, not impaired, 93. 
 SERVICE, 
 
 by sheriff, fee for unchanged, 110. 
 
 upon non-residents, 22. 
 SHERIFF, 
 
 fee for service by, unchanged, 110. 
 
 to post notice of application on land, 32. 
 SUBSTITUTION OF PARTIES, 23. 
 SUGGESTION, 
 
 of death, fee for registration of $.25, 110. 
 
 of loss of certificate, registration of, 105. 
 SUPERIOR COURT, 
 
 appeal from, 14. 
 
 clerk of, to certify decision to Court of Registration, 14. 
 
 one damaged or deprived of land may sue in, when, 96. 
 
 to direct certificate to Governor of amount due on execution, 
 when, 98. 
 SUPREME JUDICIAL COURT, 
 
 appeal to, 14. 
 
 examiner of title removed by, 12. 
 SURRENDER, 
 
 of mortgagee's certificate, on discharge of mortgage, 62. 
 
 of mortgagee's or lessee's certificate, petition for, when wrong- 
 fully refused, 107. 
 
 of owner's certificate, no certificate divesting title to be issued 
 without, 107. 
 
 of owner's certificate, petition for, when wrongfully refused, 107. 
 
 TAXES, 
 
 certificate for payment of, fee for registration of, $.50, 110. 
 
 when certificate granted subject to,- without note, 39. 
 TENANT, 
 
 of lessor not entitled to certificate until registration of lease, 87. 
 
 of lessor shall register lease after partition proceedings, 87. 
 
 of mortgagor not entitled to certificate until registration of 
 mortgage, 87. 
 
 of mortgagor to register mortgage after partition proceed- 
 ings, 87. 
 TENANT FOR YEARS, 
 
 application for registration by, 19. 
 TENANTS IN COMMON, 
 
 owner's certificate in case of, 43. 
 
INDEX. 109 
 
 [ReFEEENCES ABE TO SECTIONS.] 
 
 TITLE, 
 
 fee for examining, $5, and ^^ of 1% of value of land, 110. 
 
 no, in derogation of registered owner's, to be acquired by 
 prescription, 46. 
 TORT, 
 
 action of, against applicant, 38. 
 
 action of, to be concluded before judgment in contract, 96. 
 
 plaintiff may sue in, for damage or deprivation of land, 96. 
 TRANSFER BY DESCENT AND DEVISE, 92-93. 
 TREASURER OF COMMONWEALTH, 
 
 action for loss of land brought against, when, 97. 
 
 judgment against, and other defendants, execution to issue 
 against latter, 98. 
 
 judgment may be issued only against, 98. 
 
 payment by, subrogates Commonwealth to plaintiff, 100. 
 
 sums recovered by, to be placed in assurance fund, 100. 
 
 to enforce rights of plaintiff in behalf of Commonwealth, 
 when, 100. 
 
 to invest assurance fund, 95. 
 
 to pay execution out of assurance fund, when, 98. 
 
 to reimburse Treasury from assurance fund, when, 99. 
 
 when jointly liable with third party, 97. 
 TRUSTEE, 
 
 certificate issued to new, 67. 
 
 court may order, to execute instrument essential to decree, 85. 
 
 may register land held in trust unless expressly prohibited, 69. 
 TRUSTS, 
 
 constructive, claims under, statement of to be filed, 68. 
 
 constructive, claims under, not to affect innocent purchaser 
 until registration, 68. 
 
 memoranda of, to be entered on certificates, 65. 
 
 or other equitable interests created by deed, containing express 
 powers, how noted, 66. 
 
 VACANCY, 
 
 in court, how filled, 3. 
 
 in office of recorder, how filled, 10. 
 VARIANCE, 
 
 between original certificate and owner's duplicate, provision 
 for, 41. 
 VEXATIOUS CLAIMS, 
 
 may incur double costs, when, 106. 
 VOLUNTARY DEALING WITH LAND AFTER ORIGINAL 
 
 REGISTRATION, 50-56. 
 
110 INDEX. 
 
 [Refekences aee to Sections.] 
 
 WASTE, 
 
 judgment for plaintiff in writ of, to be registered as encum- 
 brance, 84. 
 WAYS, 
 
 laid out under Pub. Sts. ch. 49, § 65, certificates granted sub- 
 ject to and without note, 39. 
 WILL, 
 
 of owner, certified copy to be filed on application for new 
 
 certificate, 92. 
 probate of, wiien memorandum not required in, 80. 
 to take effect as conveyance of land, 50. 
 WITHOUT PREJUDICE. 
 
 See Prejudice. 
 WRIT OP ENTRY, 
 
 not to affect land when, 80. 
 
 officer serving execution in, to register attested copy within 
 three months, 83. 
 WRIT OF ERROR, 
 
 not to affect land when, 80.