litigation: it is a vulgar error to consider such an evil. The adjustment of disputes is a part of the business of the world, and the more simply and expeditiously they can be adjusted the better for the individual and for the Commonwealth. CHARLES THORNTON DAVIS associate justice of the court, contributes to the Yale Law Journal for February a valuable article on the "Massachusetts Court of Land Registra tion," in the course of which he says: All of its provisions are carried out under the immediate order of a special court creat ed for the purpose. The use of the act is purely voluntary, but land once registered remains so. The procedure is purely in rent, and consists in the judicial investigation and determination, upon petition of any person or persons claiming the ownership or power of disposal in fee simple, of the status of the title, and the boundaries upon the ground, of any given parcel of land; of the issuance of a decree and certificate of title in accordance therewith: and thereafter of the immediate judicial construction and determination of all instruments and proceedings affecting the land, and the maintenance of an official and conclusive muniment of the current title thereto. Upon the receipt of an application for the registration of a parcel of land the title is re ferred to one of the official examiners, who returns, as his report in the case, a complete abstract of the record title, together with such facts outside the record as he may be able to definitely state, any recommenda tions he may deem it advisable to make as to requiring the investigation or proof of furth er facts by the petitioner, a statement of parties other than those named in the pe tition upon whom notice of the proceedings should be served, and finally, his opinion upon the title. Notice of the proceedings is then issued by the court to every person who appears from any source to have any right or color of claim in the property. The entire abstract is carefully read by the judge before whom the matter comes, this having
been found essential to the issuance of proper notice, to an intelligent trial of the case, and to the ordering of a proper decree which definitely and permanently determines the title. Any person deprived by land registration of any right or estate without fault on his part is entitled to indemnity from the State treasury, and the responsibility of safeguard ing the interests of the Commonwealth, as well as those of all persons having possible claim in or to the land, is thrown directly upon the judges, the whole matter being thus made one, not of clerical routine, but of the administration of justice. . . . After final decree, future dealings with the land are effectuated by the endorsement or certificate of the recording officer, much?s in the case of transfer of certificates of stock, except that the authority for I he acts of the assistant recorder is evidenced by deeds and other instruments in their present ordinary form. Registet ed land is dealt with pre cisely as is unregistered land, except as to the method and evidence of transfer and the compulsory use of definite boundaries, but the land is no longer subject to the acquire ment of any right or interest by adverse pos session or prescription. Voluntary transac tions are accompanied by a surrender of the duplicate certificate for the proper endorse ment, in case of the creation or transfer of a right less than a fee, or the cancellation of the old and issuance of a new certificate where the title passes. In involuntary tran sactions process issues to the owner to sur render his certificate for proper action thereon. Judge Davis says, in closing:
There seems to be a present need and a probable future for some such court as a modern though legitimate part of the regular judicial system. The present AttorneyGeneral of Massachusetts has renewed the recommendations of his predecessor that to the new court be given general jurisdiction in all real actions; and such, if it be properly and conservatively administered, would seem to be its probable and natural development.
