Chap. 62.—An ACT to provide for the settlement, registration, transfer,
and assurance of titles to land, and to establish courts of land regis-
tration, with jurisdiction for said purposes, and to make uniform the
laws of the States enacting the same. (H. B. 102.)

Approved February 24, 1916.

Whereas, section one hundred of the Constitution of Virginia
provides that the general assembly shall have power to estab-
lish such court or courts of land registration as it may deem
proper for the administration of any law it may adopt for the
purpose of the settlement, registration, transfer or assurance of
titles to land in the State, or any part thereof; and

Whereas, it is now desired to enact a law for said purpose
and deemed proper to establish the courts hereinafter mentioned
as courts of land registration for the administration thereof—
; Re Be it enacted by the general assembly of Virginia, as
ollows:

Part I.—Preliminary Provisions.

Sec. 1. Name of act.—This act may be cited as the Uniform
Land Registration Act.

Sec. 2. Definitions—Words and phrases used in this act
are to be construed as follows:

(1) The words “voluntary transaction’ mean all devises and
all contractual or other acts or dealings, by any registered owner
of any estate or interest in land with reference to such estate or
interest, and to any statutory right or exemption claimed therein.

( The words “involuntary transaction” mean the trans-
mission of registered land or any interest therein by descent, the
rights of curtesy and dower, all equitable rights and claims,
judicial proceedings or statutory liens or charges, the exercise
of the right of eminent domain, the lien of delinquent taxes and
levies, affecting registered land, or any interest therein.

(3) The phrase “writing, instrument, or record,’ means all
transactions, whether voluntary or involuntary, as herein de-

ned.

(4) The word “registrar” means the clerk of the court hav-
ing jurisdiction of the cause within the county or city in which
the land lies.

(5) The word “decree” means judgment, order, or decree.

(6) The word “appeal” means writ of error, supersedeas,
or appeal.

(7) Except where the context requires a diferent construc-
tion, the word “court” means the court having jurisdiction for
the settlement, registration, transfer and assurance of titles to
lands in the county or city where the land lies.

Sec. 3. Purposes.—For the certain, cheaper, and more
speedy settlement, registration, transfer and assurance of titles
to land, there is hereby established a system of land title regis-
tration, having the following purposes in detail:
1) To establish or designate courts of land registration.
(2) To provide for the appointment and duties of registrars

(3) To regulate proceedings to obtain registration of title.
(4) To authorize the adjudication of title.
(5) To prescribe the nature of certificates of title.
(6) To provide for the registration of subsequent dealings
with registered titles.
ttl (7) To regulate sundry proceedings after registration of
e.
(8) To determine the legal effects of registration of title.
(9) To establish an assurance fund.
(10) And to regulate the fees for registration of title.

Part 11.—Courts of Land Registration.

Sec. 4. Courts of land registration. —The circuit courts
for the counties, and city courts in the clerks’. offices of which
deeds are registered, for the cities, except for such counties and
cities for which special courts of land registration shall be es-
tablished, and such special courts of land registration as shall
be established for any city and county or counties throughout
those portions of the State specified in section eighty-nine of
this act, and in those portions of the State which shall so elect
as provided in said section, are hereby constituted or designated
courts of land registration for the purpose of the settlement,
registration, transfer and assurance of titles to lands within
their respective jurisdictions.

Sec. 5. Jurisdiction—Such courts shall have exclusive,
original, and general jurisdiction, subject to the right of appeal
hereinafter allowed.

(1) Of all petitions and proceedings for the registration of
titles to land;

(2) And of all transactions affecting registered titles to
lands lying within their respective jurisdictions.

Sec. 6. Powers.—Their powers shall include all the powers
possessed by the circuit and corporation courts of the State, in
law and equity, for the purpose of enforcing any of the pro-
visions of this act.

Sec. 7. Sessions.—They shall be open as courts of land
registration, except on Sundays and legal holidays; and their
process as such may be issued at any time, returnable as they
may direct.

Sec. 8. Mode of trial.—The whole matter of law and fact
in any case shall be heard and determined by the court; pro-
vided, however, that, on the motion of any person interested,
the court shall direct and frame an issue or issues to be tried by

jury.
Sec. 9. Proceedings to be in rem.—The proceedings under
any petition for the registration of land, and all proceedings or
transactions in relation to registered land, shall be proceedings
in rem against the land, and the decrees of the court and regis-
tered transactions shall operate directly on the land, and shall
vest and establish title thereto in accordance with the provisions
of this act.

Sec. 10. Rules of court.—The supreme court of appeals
shall, from time to time, make general rules and forms for pro-
cedure, subject to the provisions of this act and the general laws,
and such rules and forms shall be uniform throughout the State.

Sec. 11. Petitions for rehearing, appeals, and bills of re-
view.—_A petition for rehearing or an appeal may be taken or a
bill of review or bill of exceptions, or writ of certiorari may be
filed, within ninety days, and not afterwards, from any decree
of the court, under the same circumstances, in the same man-
ner and on the same condition as if such decree had been ren-
dered by a circuit court.

Said period may not be extended by any disability.

Sec. 12. Books and cases for records.—It shall be the duty
of the supervisors of each county and the council of each city in
which the office of a registrar of titles may be located to provide
appropriate cases and other furniture for the safe and con-
venient keeping of all the books, documents and papers in the
custody of such registrar, and also an official seal, and all neces-
sary books and such printed blanks and stationery for use in
registration in such county or corporation as may be ordered
by the court.

Sec. 13. Court may be held by designated judge.—lIf the
judge of the court, for any reason shall become disqualified or
temporarily incapacitated, the court may be held by any other
judge of a court of record designated according to law.

Part III.—Registrars and Examiners of Titles.

Sec. 14. Clerks to be registrars of title-—The clerks of said
courts shall be registrars of title under this act.

(1) They shall do all things required of them by this act
under the direction of their respective courts, and pursuant to

rules and regulations established for such courts, and shall be

governed by the same general laws as clerks of circuit and city
courts, in so far as the same may be applicable.

(2) Their official designation under this act shall be regis-
trar of title for their respective counties or cities.

(83) They shall qualify and give bond in accordance with
law for the faithful performance of their duties as such.

Sec. 15. Duties and powers of registrars of title.-—Regis-
trars of title and their deputies shall be authorized and required,
under the direction of their respective courts:
(1) To issue process and to enter the decree of the court
touching lands in their respective counties or cities;

(2) To enter and issue certificates of title as provided
herein ;

(3) To affix the seal of the court to such certificates and
their duplicates;

(4) To make entries and memoranda and perform all acts
of registration affecting the title to such lands;

To keep a separate account of all moneys with which
they may be chargeable under this act, and to make a special
return thereof in accordance with the general laws and the special
provisions of this act.

(6) And generally to perform such other acts as the court
may prescribe.

Sec. 16. Examiners of titles —The courts of land registra-
tion shall appoint, subject to removal at any time, one or more
attorneys at law in their respective counties or cities to be ex-
aminers of titles, or the court shall, in any case on motion, ap-
point special examiners; provided, that in no case shall the peti-
tioner’s attorney or attorneys be designated or permitted to act
as examiner or examiners of title.

(2) Their duty shall be to search the records and investigate
all facts stated in the petition or otherwise brought to their
notice in any case referred to them.

(3) They shall have the powers of commissioners in chan-
cery and may hear the parties and receive evidence.

(4) They shall make report to the court, in the form re-
quired by it, with a certificate of their examination of the title
and their findings of fact.

Part IV.—Proceedings to Obtain Registration.

See. 17. Petition for registration.—Suit for registration of
title shall be begun by a petition to the court, by a person or
persons claiming, singly or collectively,

(1) To own,

(2) Or to have the power of appointing or disposing of, an
estate in fee simple in any land, whether subject to liens or not.

Sec. 18. Petition by representative.—Infants and other per-
sons under disability may sue and defend by guardian, next
friend, guardian ad litem, committee, or trustee, as the case may
be, and corporations by an officer duly authorized.

(2) But the person in whose behalf the petition is made
shall always be named as petitioner.

(3) A non-resident petitioner shall appoint a resident agent
upon whom process and notice may be served.

Sec. 19. Equity practice—Except as otherwise provided,
the suit shall be subject to the general rules of pleading and
practice in equitable actions.
sec. 20. Signature and oath to petition.—The petition and
any amendment thereto shall be signed and swurn to by each
petitioner, or in the case of a corporation or person under dis-
ability by the person filing the petition.

sec. 21. Contents of petition.—The petition shall set forth

(1) A full description of the land, and any improvements
thereon, with the description and valuation in its last assess-
ment for taxation;

(2) When, how, and from whom it was acquired;

(3) Whether or not it is occupied;

(4) An enumeration of all known hens, interests, and
claims, adverse or otherwise, vested or contingent.

(5) And the full names and addresses, if known, of all per-
sons who may be interested by marriage or otherwise, includ-
ing occupants and adjoining owners.

(6) The petition shall be accompanied by a plan made in
accordance with the rules of court.

Sec. 22. Petition to be filed and docketed.—The petition
shall be filed with the registrar of titles, and shall be forthwith
docketed, numbered and indexed by him in a book to be known
as the land registration docket of his county or city.

Sec. 23. Notice of lis pendens.—The registrar shall also
forthwith cause to be recorded and indexed in the proper record
book of such county or city a notice, such as is required by law
for notice of lis pendens, which shall be filed with the petition,
and which shall have the full force and effect of a notice of lis
pendens.

Sec. 24. Memorandum of other papers.—A memorandum
of all other pleadings and papers filed with said registrar shall
in each case be entered upon his registration docket under the
proper number as aforesaid, and the papers in the cause and
all writings, instruments and records filed with him shall be
cately kept by him in his office, duly numbered, dated, and in-

exed.

Sec. 25. Reference to examiner of titles.—Upon the filing
of a petition for the registration of any land, the court shal!
refer the same to one of the examiners of title provided for by
this act, to examine and report thereon.

Sec. 26. Report of examiner.—Such report shall include:

(1) An abstract of title to the land, made from the records
and all other evidence that can be reasonably obtained by the
examiner ;

(2) Full extracts from the records to enable the court to
decide the questions involved ;

(3) The names and addresses so far as ascertained of all
persons interested in the land, as well as occupants and adjoin-
ing owners, showing their several interests, and indicating upon
whom and in what manner process should be served or notice
given in accordance with the provisions of this act.
Sec. 27. Order of publication in rem.—Upon the filing of
the report of the examiner of titles, the court shall cause notice
thereof to all persons shown therein to be entitled to the same;
and “to all whom it may concern,” to be published, and to be
posted in the county or city where the land lies, in the same
manner and with the same effect as an order of publication in
other proceedings in rem, subject, however, to the limitation
imposed by section eleven of this act.

Sec. 28. Notice by mail.—A copy of the order of publica-
tion shall in all cases be mailed by registered letter demanding
a return, to every person interested, named in the petition or
in the report of the examiner of titles, whose address is given
or known.

Sec. 29. Notice by posting on land.—The court shall also
cause an attested copy of said order to be posted in a conspicu-
ous place by the sheriff on each parcel of land included in the
petition.

It shall require such sheriff to go upon the lands and ascer-
tain and report to court the names and addresses of any per-
son, or persons, actually occupying the premises.

Sec. 30. Notice to State.—If the petition involves the de-
termination of any public rights or interests, the court shall
cause a copy of the order of publication to be delivered by the
registrar to the proper attorney for the State, county or city.

Sec. 31. Other notice.—The court may cause other or fur-
ther notice to be given in such manner and to such person as it
may deem proper.

And such personal service of process as is required in equi-
table actions shall also be made upon residents of the State, not
under disability, who are made known to the court before final
decree and can be reached by its process, unless such service
be waived by appearance or otherwise.

Sec. 32. Effect of notice—Notice given under the pre-
ceding sections shall be in lieu of personal service of process,
except as provided in section thirty-one and shall be conclusive
and binding on all the world.

Sec. 33. Certificate of service.—Certificates from the regis-
trar and sheriff, or their deputies, showing the due execution
of said order of publication and the mailing and posting of
copies thereof, as required by sections twenty-seven to thirty,
inclusive, shall be filed among the papers in the cause and be
conclusive proof of such service.

Sec. 34. Time of hearing.—After the expiration of at least
fifteen days from the completion of the publication and posting
of said order of publication as aforesaid, the cause shall be set
down for hearing.

Sec. 35. Guardian ad litem.—And thereupon the court shall
appoint some discreet and competent attorney at law of the
county or city in which the land lies, as guardian ad litem for
all persons under disability, not in being, unascertained, un-
known, or out of the State, who may have or appear to have
an interest in or claim against the land.

Sec. 36. Answer to petition—Any person having any in-
terest in or claim against the land, whether named in the pe-
tition and order of publication or not, may appear and file an
answer at any time before final decree. :

Sec. 37. Signature and oath to answer.—The answer shall
be personally signed and sworn to, by the claimant, or in case
of a corporation or a person under disability, by the person
authorized to file the answer, unless the court, for good cause
shown, otherwise direct.

Part V.—Adjudication of Title.

Sec. 388. Action on report of examiner of titles—After the
expiration of the time as provided by section thirty-four, the
court may proceed to take such action as may be proper, upon
the report of the examiner of titles and all other evidence be-
fore it with reference to the rights of all persons appearing to
have any interest in or claim against the land, and may refer
the cause again or require further proof.

Sec. 39. Order of survey, etc.—While the cause is pending
before the examiner of titles, or at any time before final decree,
and whenever after initial registration a tract of land is sub-
divided, the court

" (1) May require the land to be surveyed, after due notice
to owners of adjoining land, by a competent surveyor appointed
by the court;

(2) Shall order durable bounds to be set and a plat thereof
to be filed among the papers of the suit;

(3) Shall enter all necessary decrees for the establishment,
declaration and protection of the right and title of all persons
appearing to have any interest in or claim against the land.

Sec. 40. Petition may be dismissed.—If in any case the pe-
titioner so desires, or if the court is of opinion that the peti-
tioner’s title is not and cannot be made proper for registration,
the petition may be dismissed without prejudice, on terms to be
determined by the court. |

Sec. 41. Amendments to petition and other pleadings.—
Amendments to petitions or other pleadings, or the severance
thereof, including joinder, substitution, or discontinuance of
parties, and the omission or severance of any portion or parcel
of the land, may be ordered or allowed by the court at any time
before final decree upon terms that may be just and reasonable;
and the court may require facts to be stated in an amended pe-
tition in addition to those prescribed by this act.

Sec. 42. Land may be dealt with, pending registration, sub-
ject to decree of the court.—The land described in any petition
may be dealt with pending registration as if no such petition
had been filed.

(1) But any instrument admitted to record under the gen-
eral laws in relation to such land pending action on said petition
shall also be docketed and indexed as required by section twenty-
two of this act;

(2) And any person who shall acquire any interest in or
claim against such land snall at once appear as a petitioner, or
answer as a party defendant, in the proceedings for registra-
tion, and such interest or claims shall be subject to the decree
of the court.

Sec. 43. Certificate of taxes paid.—No final decree of regis-
tration shall be entered until proof is made by certificate from
the proper officer that all taxes and levies assessed on said lanc
and then due or delinquent have been paid in full.

Sec. 44. Decree -of registration is final, quiets title, and
binds all the world, subject to appeal, etc.—If the court, after
final hearing, is of opinion that the petitioner has title proper
for registration, a decree of confirmation and registration shall
be entered; and every decree of registration entered in accord-
ance with the provisions of this act,

(1) Shall bind the land and quiet the title thereto, except a:
herein otherwise provided;

(2) Shall be forever binding, and conclusive upon all per.
sons, resident or non-resident, including the State, whether men-
tioned by name in the order of publication or included under
the general description, “to all whom it may concern” ;

(3) And shall not be attacked or opened or set aside by rea-
son of the absence, infancy, or other disability of any person
affected thereby, nor by any proceeding at law or in equity fo1
rehearing or reversing judgments or decrees, except as herein
especially provided

Sec. 45. Form of decree and manner of registration.—
Every decree of initial registration and subsequent memoria:
shall be made in convenient form for transcription upon the
certificate of title, showing the following items:

(1) Owners: Name and residence of the owner, and whether
married or unmarried, and the name of the consort, if any;

If the owner is under disability, the nature thereof, and i
an infant, his age;

fa If a corporation, the place of incorporation and its chie
office ;

If a personal representative or trustee, the name of the de
cedent or beneficiary.

(2) Land: Description of the land as finally determined b:
the court;

The estate of the owner therein;

Also all the rights and easements appurtenant to said land

And also a description of all particular estates, easements
liens, or other encumbrances, or rights to which the land or the
owner’s estate is subject, showing their relative priorities.

(3) Other matters: Any other matter determined in pur-
suance of the provisions of this act.

Sec. 46. Time of taking effect.—Such decree or memorial
shall take effect upon the land described therein as of the day,
hour and minute it is filed for registration in the office of the
proper registrar.

Sec. 47. Registrar’s memorandum.—tThe registrar shall
forthwith record the said decree in the proper book of the court,
and shall forthwith enter and properly number, minutely date,
and index a memorandum thereof on his land registration docket
and in the entry book hereinafter directed to be kept by him,
and shall cause to be recorded and indexed a like memorandum
in the proper deed book of the county or city.

Part VI.—Certificates of Title.

Sec. 48. Entry in registry of titles—Said decree or me-
morial, or so much thereof as may be ordered by the court, shall
be copied, numbered, signed, and sealed with the seal of the court
by said registrar and registered in the book hereinafter directed
to be kept by him, to be known as the register of titles, for his
county or city; and when so registered shall constitute the origi-
nal certificate of title.

Subsequent certificates covering the same land shall be in
a like form, but shall ve designated “transfer certificate num-
ber (the number of the next previous certificate covering
the same land), original certificate registered —————______—_
(date, volume and page of registration).”

New and appropriate numbers shall be adopted for any sub-
sequent certificates not covering the whole of said land.

Sec. 59. Entry book kept by registrars.—(1) Each regis-
trar shall keep an entry book in which he shall enter, in the
order of their reception, a memorandum of any writing, instru-
ment, or record filed with him for registration, and shall note
in. such book the year, month, day, hour, and minute of such

ing.
(2) Every such writing, instrument, or record shall be
numbered, indexed and indorsed with reference to the entry
thereof and securely kept in the office of the registrar.

(3) Every such entry shall be minutely dated, numbered
and indexed, and shall refer to the certificate of title herein-
after mentioned, upon which, as well as upon its duplicate or
duplicates, a memorandum of such entry shall be made.

Sec. 50. Register of titles kept by registrar.—Each regis-
trar shall also keep a register of titles book, in which, under
the direction of the court, he shall

(1) Register, number and index the original certificates of
title and all subsequent certificates of title, and all voluntary
or involuntary transactions authorized to be registered under
this act; and

(2) Note thereon, and also upon the duplicate certificate
thereof, when originally issued or subsequently presented, the
day, hour, and minute of registration in each case in conformity
with the date shown by the entry book.

Sec. 51. Certificate of title—(1) Every certificate of title
entered in the register of titles as aforesaid, together with the
memorials thereon, if any, shall be known as “the certificate of
itle.””

(2) Said certificate shall be conclusive evidence of all mat-
ters contained therein, except as otherwise provided in this act.

(3) No erasure, alteration, or amendment of said certifi-
cate, or of any memorial thereon, shall be made except by order
of court.

Sec. 52. Owner’s duplicate certificate—An exact copy of
the certificate of title shall be made, except that it shall be con-
spicuously stamped or marked “owner’s duplicate,” and shall be
delivered to the owner, or his attorney, duly appointed, upon
his receipt therefor in writing upon said certificate of title at-
tested by the registrar or his deputy.

Sec. 53. Certificate of title to be numbered and memorials
thereon to be signed and sealed.—(1) All the certificates of titte
of land in each county or city shall be numbered consecutively.

(2) A separate folium, with appropriate spaces for subse-
quent memorials, shall be devoted to each title in the register of
titles for each county or city.

(3) Every certificate and memorial thereon shall appro-
priately conform to the requirements of sections forty-five and
forty-eight of this act as to particulars of form.

(4) Every memorial made upon any certificate of title or
duplicate certificate under any provision of this act shall be signed
by the registrar and sealed with the seal of the court and
minutely dated and numbered in conformity with the date and
number shown by the entry book.

Part VII.—Registration of Transfers and Other Transactions.

See. 54. Transfers of the whole of any registered estate.-—
Whenever the whole of any registered estate is transferred, the
transaction shall be duly noted and registered in accordance with
the provisions of this act.

Thereupon the certificate of title and any duplicate certifi-
cate relating to such estate shall be cancelled by the registrar of
each county or city in which the land, or any part thereof, lics,
if desired by the registered owner, and a new certificate or cer-
tificates of title shall be entered in the register of titles fer such
county or city, and a duplicate or duplicates thereof issued, as
the case may require.

Sec. 55. Partial transfers, encumbrances, leases.—If only
a portion of such estate is transferred, or in case of an encum-
brance or lease for more than one year, the transaction shall be
duly noted and registered as aforesaid; and a new certificate
of title shall be entered in the register of titles and new owner’s
duplicate certificate shall be issued for the portion transferred
and the portion untransferred, or a beneficiary’s duplicate or
lessee’s duplicate may be issued, as the case may require.

Sec. 56. Memorials to be noted.—All registered encum-
brances, rights, or adverse claims affecting the estate repre-
sented thereby, shall continue to be noted upon every outstand-
ing certificate of title and duplicate certificate until the same
shall have been released or discharged.

Sec. 57. Registration of voluntary transactions.—In volun-
tary transactions, the duplicate certificate of title must be pre-
sented along with the writing or instrument filed for registra-
tion; and thereupon, and not otherwise, the registrar shall be
authorized to register the transaction, under the direction of the
pee upon proof of payment of all delinquent taxes and levies,
if any.

Sec. 58. Registration of involuntary transactions.—TIn in-
voluntary transactions, a certificate from the proper State,
county, city, or court officer, or a certified copy of the order,
decree, or judgment of any court of competent jurisdiction, or
other appropriate evidence of compliance with the statute in re-
lation to such transaction, when filed in the office of the proper
registrar, shall be authority for him to register the transaction
under the direction of the court.

Provided that any writing or instrument for the purpose of
transferring, encumbering, or otherwise dealing with equitable
interests in registered land, may be registered with such effect
as it may be entitled to have.

Sec. 59. Production of duplicate certificate required.—
Whenever a duplicate certificate is not presented to the regis-
trar along with any writing, instrument, or record filed for reg:
istration under this act, he shall forthwith send notice by reg:
istered mail to the owner of such duplicate requesting him forth-
with to produce the same, in order that a memorial of the trans-
action may be made thereon; and such production may be re
quired by suitable process of the court, if necessary.

Sec. 60. Registration of trusts, conditions, limitations anc
other equitable interests and estates.—Whenever a writing, in-
strument, or record is filed for the purpose of transferring reg
istered land in trust, or upon any equitable condition or limita.
tion expressed therein, or for the purpose of creating or declar
ing a trust or other equitable interest in such land without trans
fer, the particulars of the trust, condition, limitation, or othe!
equitable interest shall not be entered on the certificates, but it
shall be sufficient to enter in the entry book and upon the cer-
tificates a memorial thereof by the terms “in trust” or “upon
condition,” or other apt words, and to refer by number to the
writing, instrument, or record authorizing or creating the same.

And if express power is given to sell, encumber, or deal with
the land in any manner, such power shall be noted upon the cer-
tificates by the terms “with power to sell,’”’ or ‘with power to
encumber,” or by other apt words.

And unless express power be given as aforesaid, no subse-
quent transfer or memorial shall be registered on such certificate
except by special order of court. .

Sec. 61. Registration of estates of decedents.—(1) Lands
and any estate or interest therein registered under this act shall,
upon the death of the owner, testate or intestate, go to his per-
sonal representative in like manner as personal estate, and shall
be subiect to the same rules of administration as personalty,
except as otherwise provided in this act.

(2) But nothing herein contained shall alter or affect (a)
the course of ultimate descent under the statute of descents and
distributions and the rights of dower and curtesy, when duly
registered; (b) nor the order in which real and personal assets
respectively are now applicable in and towards the payment of
funeral and testamentary expenses, debts, or legacies; (c) nor
the liability of real estate to be charged with the payment of
debts and legacies.

Sec. 62. Powers of personal representatives.—(1) Subject
to the powers, rights and duties of administration, the personal
representatives of such deceased owner shall hold such real
estate as trustees for the persons by law beneficially entitled
thereto; .

(2) But, unless otherwise entitled by law to commissions,
shall be entitled to no commissions thereon except in cases of
necessary sales in due course of administration.

(3) And the heirs at law or beneficiaries aforesaid shall
have the same power of requiring a transfer of such estate as if
it were personal estate.

Sec. 63. Registration of delinquent taxes and levies.— (1)
It shall be the duty of the treasurer or other collector of taxes
or levies of each county, town, or city, not later than the fifteenth
day of December in each year, to file an exact memorandum of
the delinquency, if any, of any registered land for the non.
payment of the taxes or levies thereon, including the penalty}
therefor, in the office of the proper registrar for registration. —

(2) If any such officer fail to perform said duty, he and hi:
sureties shall be liable for the payment of said taxes and levies
with the penalty and interest thereon.

Sec. 64. Registration of sales for delinquent taxes 01
levies.—(1) Whenever any sale of registered land is made fo:
delinquent taxes or levies, it shall be the duty of the treasurer
or other officer making such sale, forthwith to file a memoran-
dum thereof for registration in the office of the proper registrar.

(2) Thereupon the registered owner shall be required to
produce his duplicate certificate for cancellation, and a new
duplicate certificate shall be issued in favor of the purchaser,
and the land shall be transferred on the land books to the name
of such purchaser, unless such delinquent charges and all penal-
ties and interest thereon be paid in full within ninety days after
the date of such sale.

(3) But a memorial shall be entered upon the certificate of
title, and also upon any such new duplicate certificate, reserv-
ing the privilege of redemption in accordance with law.

Sec. 65. Same: registration of redemption.—In case of any
redemption under the preceding section, a memorial of the fact
shall be duly registered; and if a duplicate certificate has been
issued to any purchaser, the same shall be cancelled and a new
duplicate shall be issued to the person who has redeemed.

Sec. 66. Same: registration of final sale, if no redemp-
tion.—(1) If there be no redemption under said section in ac-
cordance with law, it shall be the duty of the treasurer, or other
collector of taxes of the county or corporation in which the land
lies, to sell the same, at public auction, for cash, having first
given reasonable notice of the time and place of sale.

(2) The proceeds of sale shall be applied—

First, to the payment of all taxes then due the State, and all
levies and taxes then due the county, town, or city, with interest,
penalty and costs;

Second, to the payment of all sums paid by any person who
purchased at the former tax sale, with interest and the addi-
tional sum of five dollars;

Third, to the payment of a commission to the officer making
the sale of five per centum on the first three hundred dollars and
two per centum on the residue of the proceeds;

Fourth, to the satisfaction of any liens other than said taxes
and levies registered against said land in the order of their
priorities ;

Fifth, and the surplus, if any, to the person in whose name
the land was previously sold for taxes. subject to redemption, as
provided by section sixty-four of this act, his heirs, personal
representatives, or assigns.

(3) A memorial of the sale under this section shall be duly
registered, and a new certificate shall be entered and a duplicate
issued in favor of the purchaser, in whom title shall be thereby
vested as registered owner, in accordance with the provisions of
this act. ,

Sec. 67. Same: future interests not affected—Nothing in
the preceding section shall be so construed as to affect, or divest,
the title of a tenant in reversion or remainder to any real estate
which has been returned delinquent and sold on account of the
default of the tenant for life in paying the taxes or levies as-
sessed thereon.

Part VIII.—Sundry Proceedings After Registration.

Sec. 68. Petitions concerning registered land and caveats
and decrees thereon.—Any registered owner of any estate or
interest in land, or any person having any claim against regis-
tered land arising from any other cause than fraud or forgery
since the land was registered, may, within ninety days after the
claim or cause of complaint shall have arisen, petition the court
for relief in any matter within its jurisdiction; and it shall be
the duty of the proper registrar, upon the request of any such
person, to register a memorial that such petition has been or
will be filed, which memorial shall serve as a caveat and be
notice to all persons.

(2) And whenever any registrar is in doubt as to the proper
registration to be made in any case, or when any person is
aggrieved by any act or refusal to act by the registrar, the ques-
tion may be likewise submitted by petition.

Sec. 69. Same: hearing and decree.—After notice to the
parties interested, the court shall hear the cause, and, with due
regard to the provisions of this act, shall enter such decree as
justice and equity may require, which shall be registered, and
take effect in like manner as the original decree for registration.

Sec. 70. Same: service of notice.—Notice in lieu of process
under this act or otherwise in relation to registered land, may
be served upon any person by registered mail, and the post office
registry return receipt shall be evidence of such service, and
shall be binding, whether such person resides within or without
the State; but the court may in any case order different or fur-
ther service by publication once a week for four successive weeks
in some convenient newspaper or otherwise, which shall be like-
wise binding.

Sec. 71. Proceedings upon loss or destruction of duplicate
certificate.—(1) Whenever a duplicate certificate of title is lost
or destroyed, the owner, or his personal representative, may
petition the court for the issuance of a new duplicate.

(2) Notice of such petition shall be published once a week
for four sucessive weeks, under the direction of the court, in
some convenient newspaper.

(3) Upon satisfactory proof that said duplicate certificate
has been lost or destroyed, the court may direct the issuance of
a new duplicate certificate, which shall be appropriately desig-
nated and take the place of the original duplicate.

Part I1X.—Legal Effects of Registration of Title.

Sec. 72. Effect of registration as notice to subsequent pur-
chasers.—Every voluntary or involuntary transaction which, if
recorded, filed, or entered in any clerk’s office, would affect un-
registered land, shall, if duly registered in the office of the
proper registrar, and not otherwise, be notice to all persons from
the time of such registration, and operate in accordance with
law and with the provisions of this act upon any registered land
in the county or city of such registrar to which it relates.

Sec. 73. Effect of registration upon adverse claims.—Every
registered owner of any estate or interest in land brought under
this act shall hold the land free from any and all adverse claims,
rights, or encumbrances not noted on the certificate of title,
except—

First. Liens, claims, or rights arising or existing under the
laws or Constitution of the United States which the statutes of
this State cannot require to appear of record under registry
laws.
Second. Taxes and levies assessed thereon but not delin-
quent.

Third. Any lease for a term not exceeding one year under
which the land is actually occupied.

Sec. 74. Same: fraud or forgery.—The foregoing section
shall not apply to the benefit of a registered owner (1) in cases
of forgery whether or not he be a party or privy thereto; (2)
In cases of fraud to which he is a party, or in which he is a
privy without valuable consideration paid in good faith.

Sec. 75. Effect of registration procured through fraud or
forgery.—Any registration procured through fraud or forgery
may be set aside by the court according to the rules of equity;
but the rights and title of an innocent intervening registered
encumbrancer or purchaser for value and without notice shall
not be affected thereby, except as provided in section seventy-
four. And in all such cases the injured party may pursue all
his legal and equitable remedies against the party or parties to
such fraud or forgery.

Sec. 76. Land to remain forever registered.—The obtaining
of a decree of registration and the entry of a certificate of title
shall be construed as an agreement running with the land, and
the same shall forever remain registered land, subject to the
provisions of this act and all amendments thereof.

Sec. 77. No rights by adverse possession or prescription.—
No title to, nor right, nor interest in, registered land in deroga-
tion of that of the registered owner shall be acquired by pre-
scription or adverse possession.

Sec. 78. Effect of subsequent dealings with registered land.
—Except as otherwise specially provided by this act, registered
land and ownership therein shall be subject to the same rights,
burdens and incidents as unregistered land, and may be dealt
with by the owner, and shall be subject to the jurisdiction of the
courts in the same manner as if it had not been registered.
(2) But registration shall be the only operative act to trans-
fer or affect the title to registered land, and shall date from the
‘ime the writing, instrument, or record to be registered is duly
“led and entered in the office of the proper registrar.

(3) Subject to the provisions of section seventy-three hereof
no voluntary nor involuntary transaction shall affect the title
to registered land until registered in accordance with the re-
quirements of this act.

Sec, 79. Conflicting claims between registered owners.—In
ease of conflicting claims between registered owners, the right,
Hitle or estate derived from or held under the older certificate

of title shall prevail.
Part X.—Assurance Fund.

Sec. 80. Fee for original registration—Upon the filing of
the petition for the original registration of any land under this
act there shall be paid to the registrar one-tenth of one per cen-
tum of the assessed value of such land as an assurance fund,
which shall be subject to the trusts and conditions hereinafter
declared for the uses and purposes of this act.

Sec. 81. Payments into State treasury upon trust.—All
moneys received by the registrars under the preceding section
shall be kept in a separate account, and shall be paid into the
State treasury upon the special trust and condition that the same
shall be set aside by the auditor of public accounts in trust as a
separate fund for the uses and purposes of this act, to be known
as the “land registration assurance fund,” which said fund is
med appropriated to the uses and purposes set forth in this
ac .
Sec. 82. Funds to be invested.—Said moneys, in so far as
the same may not be required to satisfy any judgment certified
against the assurance fund under section eighty-five of this act,
shall be invested by the treasurer of the State in State bonds in
trust for the uses and purposes set forth in this act until said
fund amounts to the sum of five hundred thousand dollars; but
the income, or so much thereof as may be required therefor, may
be applied towards the payment of the expenses of the adminis-
tration of this act and the satisfaction of any such judgment.

Whenever and so long as the face value of the bonds pur-
chased as aforesaid equals said sum of five hundred thousand
dollars, other moneys thereafter coming into said fund, togethe1
with any income not required for the purposes aforesaid, shal:
be transferred from the land registration assurance fund to the
general wee

ec. 83. Suits against the assurance fund.—A
who had no actual notice of any registration under this ‘act bj
which he may be deprived of any estate or interest in land, anc
who is without remedy hereunder, may within two years next
after the time at which the right to bring such action shall have
first accrued to him or to some person through whom he claims,
bring an action against the treasurer of the State in the circuit
court of the city or county in which the land lies, for the re-
covery out of the assurance fund of any damages to which he
may be entitled by reason of such deprivation. |

(2) The assurance fund shall be defended in such action
by the attorney for the Commonwealth of the city or county in
which the land lies, and in any appeal by the attorney general
for the State...

(3) The measure of damages in such action shall be the
value of the property at the time the right to bring such action
first accrued, and any judgment rendered therefor shall be paid
as hereinafter provided.

(4) If any person entitled to bring such action be under
the disability of infancy, insanity, imprisonment, or absence
from the State in the service of the State or of the United States
at the time the right to bring such action first accrued, the same
may be brought by him or his privies within two years after the
removal of such disability.

Sec. 84. Defendants to suits against assurance fund.—If
such action be brought to recover for loss or damage arising
only through the legal operation of this act, then the treasurer
of the State shall be the sole defendant.

(2) But if such action be brought to recover for loss or
damage arising on account of any registration made or pro-
cured through the fraud or wrongful act of any person not exer-
cising a judicial function, then both the treasurer of the State
and such person shall be made parties defendant.

Sec. 85. Judgments against the assurance fund.—If judg-
ment be rendered for the plaintiff in any such action, execution
shall issue against the defendants, if any, other than the treas-
urer of the State. }

(2) And if such execution be returned. unsatisfied in whole
or in part, or if there be no such defendants, then the clerk of
the court in which the judgment was rendered shall certify to
the auditor of public accounts the amount due on account thereof,
and the same shall then be paid by said treasurer out of the as-
surance fund on warrant from said auditor under the special
appropriation hereby made of said fund for that purpose.

(3) Any person other than the treasurer of the State against
whom any such judgment may have been rendered shall remain
liable therefor, or for so much thereof as may be paid out of the
assurance fund, and said treasurer may bring suit at any time
to enforce the lien of such judgment against such person or his
estate for the recovery of any amount, with interest, paid out of
the assurance fund as aforesaid.
Sec. 86. When assurance fund not liable-—The assurance
fund shall not, under any circumstances, be liable for any loss,
damage, or deprivation occasioned by a breach of trust, whether
express, implied, or constructive, on the part of the registered
owner of any estate or interest in land.

Sec. 87. How judgments shall be satisfied out of assurance
fund.—If at any time the assurance fund be insufficient to sat-
isfy any judgment certified against it as aforesaid, the unpaid
amount shall bear interest and be paid in its order out of any
moneys thereafter coming into said fund.

Part XI.—Fees for Registration.

Sec. 88. Fees of registrar and other officers of the court.—
The fees payable under this act shall be as follows:

(a) To registrars. For docketing, indexing, and filing any
original petition and exhibits therewith and publishing and
mailing the notices thereof, the postage required, and two
dollars.

For docketing, indexing, and filing any other paper, twenty-
five cents.

For the entry of the original certificate of title and issuing
one duplicate certificate and recording and indexing memoran-
dum, two dollars.

For each additional duplicate, fifty cents.

For the registration of any writing, instrument, or record,
or any memorial, including every act necessary therefor, one
dollar.

(b) To examiners of titles. For examining title and mak-
ing report to the court, one-tenth of one per centum of the value
of the land, and postage, and ten dollars.

(c) To sheriffs. For ascertaining and reporting to court
the names and addresses of the persons actually occupying the
premises described in any petition, one dollar.

(d) For any service of the registrar, or of any sheriff or
surveyor not specially provided for herein, such fee as may be
allowed by law for like services in other cases.

Part XII.—Application of Act.

See. 89. Referendum.—This act shall not apply to land in
any city or county, except the city of Richmond, Petersburg,
Fredericksburg, Williamsburg, Portsmouth, and the counties of
Henrico, Chesterfield, Mecklenburg, Charlotte, Prince George,
Surrv, Roanoke, Cumberland, Buckingham, Brunswick, Din-
widdie, Hanover, King William, Fairfax, Albemarle, New Keni,
Charles City, James City, York, Warwick, Halifax, Powhatan,
Spotsylvania, Lunenburg, Appomattox, Fluvanna, Prince Wil-
liam, Botetourt, Goochland, Greensville, Sussex, Mathews, Mid-
dlesex, Princess Anne, Prince Edward, Campbell, Southampton,
Louisa and Stafford until it shall be so determined by the votes
of a majority of those voting for or against the adoption therecf
at any general or special election to be held in such city or
county, after notice thereof shall have been duly posted for at
least thirty days at each voting precinct in such city or county
by order of the judge of the corporation court of such city or
the circuit court of such county upon the petition of one hun-
dred freeholders residing in such city or one-sixth of the quali-
fied voters residing in such county, .the question to be submitted
by ballots upon which the words “For Land Registration” and
“Against Land Registration” shall be printed, and one or the
other of said expressions being stricken out as the voter may
favor or oppose vine act. But no such election shall be held
oftener than once in two years.

Sec. 89-a. Registration shall not be compulsory on the
owner of any land in any county or city in which this law shall
be effective.

Sec. 89-b. In the event any person shall register his land
under this act, and shall pledge his certificate for a loan or as
security with any person, firm or corporation, and there shall
be default in the conditions of such pledge, unless otherwise
provided by contract, the said land shall only be sold in the
county or corporation where the same or a greater part thereof
is located, and shall be sold only after advertising the time,
place and terms of sale for four weeks by handbills posted at
three or more public places in such county or corporation, or
by publication for four weeks in a newspaper having local cir-
culation.

Sec. 90. Interpretation—This act shall be so interpreted
and construed as to effectuate its general purpose and to make
uniform the law of those States which enact it.