administration of the duties imposed upon them that such transfer be made.

Therefore this Act shall become and be in effect and in force immediately upon its passage and approval by the Governor. Approved February 14, 1917.

Designating Temperance Day in the Public Schools of the State, and Requiring Instruction and Appropriate Exercises Relative to the History and Benefits of Prohibition upon said Day.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. That the third Friday in January of each year shall be set apart and designated as "Temperance Day," and in every public school in the State of North Dakota not less than one hour of the school day shall be set apart for instruction and appropriate exercises relative to the history and benefits of prohibition and the prohibition laws of the State of North Dakota. Provided, that the school shall continue its regular work during the remainder of the day. It shall be the duty of all state, county, city and school district officers, and of all public school teachers in the state, to carry out the provisions of this act.

Approved February 19, 1917.

TORRENS ACT

CHAPTER 235.

[S. B. No. 1-McCarten.]

REGISTRATION OF LAND AND THE TITLE THERETO.

An Act Concerning the Registration of Land and the Title Thereto in the State of North Dakota.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Real estate situated in any county in the state may be registered under the provisions of this chapter in the manner herein provided.

§ 2. Registered land shall be subject to the same burdens and incidents which attach by law to unregistered land. This chapter shall not operate to relieve registered land, or the owners thereof from any rights, duties or obligations incident to, or growing out of the marriage relation or from liability to attachment on mesne process, or levy on execution, or from liability to any lien or charge of any description whatever, created or established by law upon the land, or the buildings situated thereon, or the interest of the owner of such land or buildings. It shall not operate to change the laws of descent or the rights of partition between co-tenants, or the right to take the land by eminent domain. It shall not operate to relieve such land from liability to be taken or recovered by any assignee or receiver under any provision of law relative thereto, and shall not operate to change or affect any other rights, burdens, liabilities or obligations created by law and applicable to unregistered land except as otherwise expressly provided herein. No title to registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession.

§ 3. An application for registration may be made by any of the following persons:

First, the person or persons who singly or collectively own the land. Tenants in common shall join in the application.

Second, the person or persons who singly or collectively have the power of disposing of the land.

Third, infants and other persons under disability, by their guardian, duly appointed by the proper probate court in this State.

Fourth, a Corporation, by its proper officer or by an agent duly authorized by the Board of Directors.

Fifth, any executor or administrator duly appointed by the proper Probate Court in this State. The person in whose behalf the application is made shall be named as applicant.

§ 4. No land, the title to which is derived from any tax or local assessment sale, shall be registered until such title has been adjudged to be valid by a court of competent jurisdiction, and a certified copy of the decree duly recorded with the Register of Deeds; provided, however, that any person may make the application when for at least fifteen years the land has been in the adverse possession of the applicant or those through whom he claims title.

No lesser estate than a fee simple, and no mortgage, lien or other charge upon land, shall be registered, unless the estate in fee simple therein is registered; but the fact that the estate or interest of the applicant is subject to any outstanding lesser estate or to a mortgage, or other charge or lien, shall not prevent its registration.

§ 5. The application shall be in writing, and shall be signed and verified by the applicant, or by his agent thereunto lawfully authorized in writing. If the application is signed and verified by any agent, except an officer of a Corporation, the authority of such agent shall be executed and acknowledged in the manner required in the execution and acknowledgment of a deed, and shall be recorded with the Register of Deeds for the County wherein the land is situated, before the filing of the application. the application is made by a Corporation, it shall be verified by some officer of the corporation. If the applicant is married, the husband or wife of the applicant shall assent thereto in writing by duly acknowledged endorsement thereon, or by a separate instrument duly acknowledged and filed with the application.

§ 6. The application shall set forth substantially:

If

First, the full name, age and residence of the applicant. If the application is made by any person acting in behalf of another, the application shall likewise state the full name and residence of the person so acting, and the capacity in which he acts.

Second, whether the applicant is or is not married, and if married the full name. of the husband or wife. It shall also state that the applicant is under no disability and whether the applicant has ever been divorced, and if so, when, where and by what court the divorce was granted.

Third, a correct description of the land, together with the assessed valuation thereof, exclusive of improvements, according to the last official assessment.

Fourth, the estate or interest of the applicant in the land, and whether or not it is subject to an estate of homestead.

Fifth, the names of all persons or parties except the applicant, who appear of record, or who are known to the applicant to have or to claim any right, title, estate, lien or interest in the land.

Sixth, whether the land is occupied or unoccupied. If occupied by any other person than the applicant, it shall state the full name and address of such occupant, and the nature of the estate, inter

est, lien or charge which such occupant or occupants have, or claim to have, in the land.

Seventh, whether the land is subject to any lien or incumbrance, recorded or unrecorded, together with the character and the amount of the same and the name and post office address of each holder thereof. If recorded, it shall state the place, book and page of record.

Eighth, whether any person, other than the applicant, has or claims to have any estate or interest in the land, either in law or equity in possession, remainder, reversion or expectancy, together with the full name and address of every such person and the nature and character of such estate or interest.

Ninth, if the application is on behalf of a minor, it shall state the age of such minor, and that a duly certified copy of the letters of guardianship has been recorded with the Register of Deeds in the county wherein the land is situated.

Tenth, when the place of residence of any person whose residence is required to be given is unknown to the applicant, it may be so stated in the application, and also that after due and diligent search the applicant has been unable to ascertain the same.

Eleventh, if it is desired to fix and establish the boundary lines of the land, the full names and postoffice addresses of all owners of adjoining lands which are in any manner effected thereby shall be fully stated; otherwise the decree shall not have the effect to fix or determine the boundary line.

Any person having or claiming any right, title, interest or estate in land or any lien or charge upon or against the same, may assent in writing to the registration thereof, and the person thus assenting need not be named as a defendant in the registration proceeding, or, if already named as a defendant therein, need not be served with a summons therein. Such assent shall be executed and acknowledged in the manner now required by law for the execution and acknowledgment of a deed, and shall be filed with the Clerk of the Court.

7. If the applicant is not a resident of the State of North Dakota, he shall file for record with the Register of Deeds a written agreement, duly executed and acknowledged, appointing an agent residing in the State. He shall state therein the full name and postoffice address of such agent, and shall therein agree that the service of any legal process in proceedings under or growing out of any application shall be of the same legal effect when made on said agent as if made on the applicant within the State. If the agent so appointed dies or removes from the State, the applicant shall at once appoint another agent in like manner, and, if he fails to do so, the court may in its discretion dismiss the application. In any subsequent application made by the same applicant, he may refer to such written authority so recorded, provided the same is sufficiently comprehensive to include such subsequent application. § 8. Any number of adjoining tracts of land in the same county

and owned by the same person and in the same right, or any number of tracts of land in the same county having the same chain of title, and belonging to the same person, may be included in one application.

§ 9. Amendments to the application, including joinder, substitution or discontinuance as to parties, may be allowed by the court at any time upon terms that are just and reasonable, but all amendments shall be in writing and signed and verified like the original application.

10. The application for registration shall be addressed to the District Court and for the County wherein the land described therein is situated. The District Court shall have original exclusive jurisdiction thereof, and all proceedings thereunder, and shall have full power to inquire into the title of said land, and any right, title, interest or estate therein, and any lien, charge or incumbrance thereon. By its decree, it shall adjudge and determine the title to said land, the nature, character, extent and amount of all liens and incumbrances thereon, the priority as between the same, and shall remove all clouds from the title. The District Court shall have full power and authority to make all necessary orders, judgments and decrees and for these purposes the courts shall be always

open.

§ 11. The application shall be filed with the clerk of the District Court, who shall docket the same in a book to be known as the "Land Registration Docket." The application shall be entitled (here insert name of applicant), applicant to have registered the title to (here insert the description of land), applicant, against (here insert the names of all persons named in the application and in the order of the court directing the issuing of the summons as being in possession of the land, or having any lien, incumbrance, right, title, interest or estate therein), also "all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the application herein," defendants. All orders judgments and decrees of the court in said proceeding shall be minuted in such docket. All final orders or decrees shall be recorded by the clerk and proper reference made thereto in such docket. At the time of the filing of the application with the clerk a copy thereof duly certified by him shall be filed for record with the Register of Deeds, and shall have the force and effect of a lis pendens. The applicant shall file with the clerk, as soon after the filing of the application as is practicable, an abstract of title to the land described in the application, satisfactory to the examiner. If required so to do by the examiner, the applicant shall likewise cause the land to be surveyed by some competent surveyor, and file with the clerk a plat of the land duly certified by such surveyor.

§ 12. The judges of the district court shall appoint one or more competent attorneys in each county within their respective districts to be examiners of titles and legal advisors to the regis