Изображения страниц

office of register of titles, whole, safe and undefaced when lawfully required so to do; which bond shall be filed in the office of the judge of the county court and a copy thereof entered upon the records of the county court. All bonds furnished under this section shall be paid for by the county.

Sec. 5. Examiners. The registrar may appoint in his county one or more competent persons to be examiners of titles and legal advisers for the registrar, providing in his judgment their services are necessary. Their compensation shall be fixed in the same manner as that of deputy registrars. Every examiner of titles shall, before entering upon the duties of his office, take and subscribe the oath prescribed by the constitution and shall also give a bond in such amount, with such security as shall be approved by the judge of the county court, payable in like manner and with like conditions as required by the registrar. A copy of the bond shall be entered upon the records of said court and the original shall be deposited with the registrar.

Sec. 13. Application to register under Torrens system.— The form of application may be, with appropriate changes, as follows:


To the judge of the District Court of.

Nebraska, in Equity sitting.

State of Nebraska

County of



I hereby make application to have registered the title to the land herein after described, and do solemnly swear that the answers to the questions herewith, and the statements here contained, are true to the best of my knowledge and belief.

[blocks in formation]

Ch. 153)



owner, agent or attorney.

No. street or township.....

3rd. Description of real estate as follows.....


[blocks in formation]

5th. Liens and encumbrances on the land..

name of holder or owner thereof..

[blocks in formation]

tion having or claiming any estate, interest or claim in law or equity, in possession, remainder (reversion), or expectancy in said land are .Address...

Character of estate, interest or claim is...

7th. Other facts connected with said land are........

8th. Therefore the appellant prays the court to find and declare the title or interest of the applicant in said land and decree the same, and order the registrar of titles to register the same, and to grant such other and further relief as shall be according to equity.


(Applicant's signature)

Agent. Attorney or Guardian.

Subscribed and sworn to before me the above named............
.as.......... (owner, attorney or agent) this...
.A. D., 19.........

day of..

I hereby assent to the registration of the above described real estate as prayed for by.....

who is my.......

(Husband or wife.)

(Husband's or wife's signature)

[blocks in formation]

county in the state aforesaid, do hereby certify that personally known to me to be the same person whose name is subscribed to the foregoing assent, appeared before me this day in person and acknowledged the said assent as..

free and voluntary act for the uses and purposes therein set forth.

[blocks in formation]

Sec. 18. Hearing.-Immediately upon the filing of the application an order may be entered, at the discretion of the court, referring the same to one of the examiners of title appointed by the registrar, if such have been appointed, or to a special examiner, who shall be a fit and suitable person specially appointed by the court and whose duties for the suit shall be the same as those of an examiner appointed by the registrar, or the court may consider all matters at the hearing and trial and include the same in his findings without reference to any examiner. If such examiner be appointed he shall proceed to examine into the title and into the truth of the matter set forth in the application, and particularly whether the land is occupied, the nature of the occupation, if occupied and by what right, and make reports in writing to the court, the substance of the proof and his conclusions therefrom. He shall have power to administer oaths and to examine witnesses and may, at any time, apply to the court for directions in any matter concerning his investigation. The examiner may receive in evidence any abstract of title or certified copy thereof made in the ordinary course of business by makers of abstracts; but the same shall not be held as more than prima facie evidence of title, and any part or parts thereof may be contraverted by other competent proofs. It shall be sufficient proof that any original abstract of title was made or issued in the ordinary course of business by makers of abstracts to show that the signature attached to the abstract is the genuine signature of the person, firm or corporation purporting to make or issue the same, appended either in person or by the hand of any person or official accustomed to attach such

Ch. 153)

Hearing Procedure


signature in the ordinary course of business, and that such maker was known or generally reputed to have been in the business of making abstracts of title for hire, at the date shown upon the abstract, or the actual date of the issuance thereof. Certified copies may also be proven in the manner aforesaid; and the certificate or signed statement of the maker of such copy of any purported original abstract, or of any copy, therein contained, and a part thereof, that the same is a true copy of the original abstracts or examinations of title or copies thereof purporting to be included therein, shall be sufficient evidence prima facie of the correctness of such copies; and said copies, when so proven and certified as aforesaid shall be admissable in evidence, and shall have the same force and effect as evidence as the original abstracts or examinations of title. The examiner of titles shall not be required to report to the court the evidence submitted to him, except upon the request of some party to the proceeding or by the direction of the court. He shall not be required to report to the court the evidence submitted to him, except upon the request of some party to the proceeding or by the direction of the court. No report shall be made upon such application until after the expiration of the time specified in the notice hereinafter provided for the appearance of the defendants, and in case of such appearance. until opportunity is given to such defendant to contest the rights of the applicant in such manner as shall be allowed by the court.

Sec. 19. Summons.-The clerk shall also immediately on the filing of such petition issue summons against all persons mentioned in the petition as defendants and as residing within this state, to the various counties of their residence. Such summons shall be in form as provided by the code of civil procedure in civil actions in the district court and shall be served in like manner. They shall likewise be returnable in like manner, and name as the day for the appearance of the defendant to answer, the same day as such summons in other civil actions.

Sec. 20. Decree-effect. As to all persons mentioned in the application as defendants and as residing without this state, and well as such other persons as are elsewhere provided in this act to be concluded by a decree therein, the action shall be deemed an action in rem, and the clerk shall also immediately upon the filing of such application cause notice of the filing thereof to be published once in each week for four consecutive

weeks in some newspaper published in the county, or if there is no newspaper published in the county, then in a newspaper published in one of the counties nearest thereto. The notice may be substantially as follows:

Registration of Land Title.

In the matter of the application of.

to register the title to (here insert description of land as in the application and in case any person is named as defendant, the name of such person defendant). To all whom it may concern: Take notice That on the A. D............. an ap

plication was filed by said

trict court of

....day of


.A. D.

in the dis

for initial registration of the title to the land above described. You are required to answer or plead to said application or show cause why same shall not be granted on or before the day of (the day named shall be the third Monday after publication is completed) or the same will be taken as confessed, and a decree will be entered according to the prayer of the application, and you will be forever barred from disputing the same.

Sec. 23. Summons by publication. The defendants served by summons shall be governed by the directions in said summons as to appearance, answer and pleading and all others by the provisions in the published notice. And when service is complete default may be taken against all parties who have failed to appear or answer or plead as in other cases, and decree entered on the application as provided in the code of civil procedure and by law.

Sec. 33. Certificate of title.-Every certificate shall bear date the day and year of its issue, and be under the hand official seal of the registrar and be numbered in the order of its issue. It shall state whether the owner (except in the case of corporation) is married or not married, and if married, the name of the husband or wife. If the owner is a minor, it shall state his age, if under any other disability, the nature of the disability. The registrar shall note at the end of the certificate, in such manner as to show and preserve their priorities, the particulars of all estates, mortgages, encumbrances and charges to which the owner's title is subject,

« ПредыдущаяПродолжить »