In justice and fairness to the Torrens system, however, it can truthfully be said that these particular thrusts of the opposition have little or no support when examined in the light of facts in countries and states where the system is today in successful operation. Thus in New South Wales, where more than 200,000 registered dealings were had, the average risk of error was only two and one-half cents for each transaction. In Queensland, the risk of error was only one and one-half cents for each registered dealing, and the number of transactions was nearly 250,000. In Tasmania and Western Australia not one penny has been paid since the law went into effect and under which hundreds of thousands of dealings have been had. In London, the claims upon the indemnity fund have averaged about one cent to each dealing. Coming nearer home, we find that in Cook County, Illinois, where over $15,000,000 worth of property has been registered in the past ten years, not a cent for indemnity has yet been demanded. While the indemnifying idea has thus been the object of severe attack, it must be further noted that every vital principle has been challenged, and repeated attempts of the legislatures of the several 6tates to enact Torrens laws have in a majority of cases been successfully thwarted by the opponents of the system. In some states its enemies have even secured the repeal of such laws, while in all the other states where they are in force, every possible hindrance is interposed to hamper and discredit their operation. Strange as it may seem, this opposition does not emanate from the land owner, but largely from individuals, firms and corporations, whose business it is to prepare abstracts of title and from (we dislike to admit it) members of the legal profession who profess to see in its operation the elimination of repeated substantial fees charged for the examination of abstracts and the rendering of written legal opinions on the same. It is noteworthy that in numerous instances the fees for making an abstract have exceeded the value of the land, and when repeated charges for the legal examinations are included, it is evident that the old system is frequently more of a burden than a blessing.

A brief summary of the advantages of this new system will be noted in bringing this chapter to a close. The benefits derived naturally fall into two well recognized classes. Those which accrue to the owner are of first import-ance, chief among which is the knowledge that such title is safe beyond question. Again, the owner can, with ease, accuracy and with no expense whatever exhibit his title to any intending purchaser or to any person to whom application for credit may be made. Lastly, but very important, is the elimination of the burdensome toll levied from time to time for expensive abstracts and consequent legal examinations of title, as no abstracts or examinations will be required when land is once registered. Many sales are lost to land owners through delay in securing abstracts and upon frequent technical and trivial objections presented in the opinions of the examining attorneys. The second class of persons benefited is the public at large, and particularly those who may have or who contemplate commercial dealings with the owner personally, or in relation to the land. Thus a mortgagee can, in a few minutes, learn the nature of his security when registered land is offered and a loan can be closed within a few hours after the application is received. The value of being able to make a loan almost instantaneously is certainly apparent to the lender. The prospective buyer can repair to the office of the registrar, and in a few minutes of time with no expense, may know the exact condition of the vendor's title. In the case of judgment creditors, it is frequently a difficult matter to ascertain whether or not the judgment debtor has land which might be subject to execution, but if the debtor's land is registered, the task becomes comparatively easy. A benefit which accrues to the public at large as registration becomes general, may be said to consist of the elimination of a horde of unskilled conveyancers whose bungling efforts have caused, and continue to cause, useless trouble and expense. For it must be remembered that all deeds, mortgages or other documents intended to operate in connection with registered land are given a critical examination in the office of the registrar before they are given the effect of conveyances, liens or otherwise.

August 22, 1908. Jacob M. Shehbahn.