Section 74. Order of court necessary for sale of land of insolvent and probate estates; confirmation and issuance of certificates thereof.

necessary

certain

SEC. 74. Executors, administrators, and assignees in insolv- Order of ency shall have no power of sale of lands registered in their court names as such, without an order of court obtained for that for sale of purpose. Before any certificate can be issued to the purchaser, lands. such sales shall be reported for confirmation to the court under whose authority such executor, administrator, or assignee is acting, and if confirmed a duly certified copy of the order of confirmation shall be filed in the office of the registrar, and a memorial thereof entered upon the certificate of title. Upon the filing of the certified copy of such order of confirmation and the entry of such memorial, the registrar shall issue a certificate to the purchaser at such sale, which certificate, in addition to the usual contents thereof, shall refer to the said order of confirmation. Such order of confirmation shall be conclusive evidence that the sale was in all respects conducted in accordance with law, and the purchaser shall not be bound to inquire into the regularity of the proceeding, or power of the executor or administrator to make such sale.

Section 75. Power of sale of executor to be noted.

power

executor to be noted.

SEC. 75. If a testator, by his will, has provided that the Power of executor thereof shall have a power of sale of real estate, the sale of court shall direct the registrar to register the words "with of sale," in respect of the land of the deceased, and such executor shall have power to sell such land without an order of court so to do, but such sales must be confirmed by the court in the manner now or hereafter provided by the law of this State, and a duly certified copy of the order of such confirmation shall be filed with the registrar before any certificate of title can be issued to the purchaser of such land.

Section 76. Registrar to issue certificate or note memorial; such to be conclusive.

to issue

SEC. 76. Thereupon the registrar shall issue the certificate Registrar of title, or note the memorial, as the case may require; and certificate such certificate of title or memorial noted shall be conclusive or note, evidence in favor of all persons thereafter dealing with said land.

memorial.

TAX SALES.

Section 77. Notice of purchase to be filed and mailed.

be filed and

SEC. 77. A purchaser of registered land sold for any tax or Notice of assessment, shall, within one day after such purchase, file in purchase the office of the registrar a written notice of such purchase. mailed. And thereupon the registrar shall enter a memorial thereof upon the certificate of title, and shall mail to each person named in the certificate, or in the memorials thereon, a copy of said notice, a sufficient number of said copies to be furnished to the registrar by said purchaser at the time of filing said

Tax deed already issued must be registered.

Interested persons must be made parties to

cation.

notice. In case the State or a municipal corporation becomes the purchaser of land sold for any tax or assessment, the Tax Collector shall, within one day thereafter, file with the registrar a notice to that effect. And thereupon the registrar shall enter a memorial thereof upon the register, and shall mail notices to interested parties, as in the case of an individual purchaser. Unless such notice is given as herein provided, the land shall be forever released from the effect of such sale, and no deed shall be issued in pursuance thereof.

Section 78. Tax deed already issued must be registered.

SEC. 78. A tax deed of registered land, or of any estate or interest therein, issued in pursuance of any sale for a tax or assessment made after the taking effect of this Act, may be presented by the holder thereof to the registrar, who shall thereupon enter upon the register a memorial of such deed; but such deed, unless the same shall have been issued to the State, shall have only the effect of an agreement for the transfer of the title, and before any certificate of title shall be issued for the land described in such deed, the holder thereof must file with the clerk of the Superior Court an application for a decree showing the title to said land to be vested in him.

Section 79. Interested persons must be made parties to said application.

SEC. 79. All persons appearing upon the register to be interested in said land, and also the person who appears by the Tax Collector's books to have paid the tax or assessment last said appli- paid before the sale on which the deed is issued, shall be notified; and any person claiming an interest in the land may, upon the hearing of such application, show, as cause why a certificate of title should not issue to the holder of said deed, any fact that might be shown in law or in equity on his behalf to set aside such tax deed, and the applicant shall be required to show affirmatively that all the requirements of the statute to entitle him to a deed have been complied with.

Decree shall be given showing

condition of title.

Tax deed to State

Section 80. Decree shall be given showing condition of title.

SEC. 80. Such application shall be heard by the court, which shall render a decree showing the condition of the title to such land, and who is the owner thereof, and upon presentation to him, of a duly certified copy of such decree, the registrar shall issue a certificate for said land in accordance with the terms and conditions of said decree.

Section 81. Tax deed to State conclusive.

SEC. 81. In case a tax deed of registered land is issued to conclusive. the State or any municipal corporation, in pursuance of any sale for a tax or assessment made after the taking effect of this Act, the registrar shall, upon the filing of such deed in his office, cancel the certificate for the land in said deed described, and issue a new certificate to the State therefor.

Section 82. Notice to be personal or by mail and publication.

or by mail

cation.

SEC. 82. The notice required in section eighty shall be given Notice to upon all persons residing in the State by personal service, and be personal upon all persons living out of the State by mail and by publi- and publication in the manner now or hereafter required by the laws of this State in an action to quiet title. If such personal service be made by a Sheriff or Constable, his certificate, and if by any other person, his affidavit, shall be sufficient proof thereof. In case the place of residence of any person is not known to the registrar or the holder of such deed, notice shall be given by publication in a newspaper of general circulation in the county in which the land is situated, at least once a week for four consecutive weeks. Proof of such publication must be made in the manner now or hereafter required by the laws of this State.

Section 83. On redemption, memorial to be canceled.

demption,

SEC. 83. Upon presentation to him of a certificate of on reredemption from any tax sale, the registrar shall cancel the memorial memorial of said sale upon the certificate of title.

PARTITION AND JUDICIAL SALES.

to be canceled.

noted on

Section 84. All parties noted on register must be parties. SEC. 84. In proceedings for partition of registered land, All parties proof must be made that all persons, shown by the register of register title to be interested in the land, have been made parties to must be such proceeding.

Section 85. Decree must be filed before certificate issued.

parties.

filed before

issued.

SEC. 85. On confirmation of the report of the commission- Decree ers setting off registered lands in proceedings for partition, it must be shall be the duty of the parties to whom the lands are certificate allotted, to cause a certified copy of the judgment or decree to be filed with the registrar. Thereupon the registrar shall transfer the same upon the register, and issue certificates of title to the persons entitled thereto, as shown by said decree.

Section 86. When sale ordered, purchaser must file copy of decree.

copy of

SEC. 86. Whenever, in proceedings for partition of regis- Purchaser tered land, the court shall order a sale of such land, and the must file same is sold under such order, the purchaser shall file with decree. the registrar a certified copy of the order confirming said sale, together with certificate of the officer holding the writ, that the terms of the sale have been complied with. Thereupon, the registrar shall transfer said land upon the register, and issue a certificate of title to the purchaser, therefor.

Section 87. When mortgage on undivided share, lien attaches only to lands set off to mortgagor.

Mortgage, etc., at

taches only

SEC. 87. When a tenant in common has given any mortgage, or granted any other lien or interest upon his undivided interest, set off.

to lands

Notice to affect

be filed with registrar.

and the same is set off in severalty in proceedings for partition, such mortgage, lien, or other interest shall attach only to the lands so set off, and the registrar shall note the same upon a new register of title, and a new certificate of title, and shall indorse a memorandum of the partition upon the instrument creating such lien, mortgage, or other interest, if the same be on file in his office, before a new certificate of title shall be issued therefor.

Section 88. Purchaser at judicial sale must file certified copy of order confirming sale.

SEC. 88. Whenever registered land shall be sold to satisfy any judgment, decree, or order of court, the purchaser shall file with the registrar a duly certified copy of the order of sale, or of the order confirming such sale, when the same needs to be confirmed by the court, and also the certificate, if any, of the officer, that the terms of sale have been complied with, and thereupon the registrar shall transfer the land to him, and issue a new certificate of title therefor to said purchaser.

LIS PENDENS; NOTICE OF ACTION.

Section 89. Notice to affect registered land must be filed with registrar.

SEC. 89. No suit, bill, or proceeding at law or in equity for registered any purpose whatever, affecting registered land, or any estate land must or interest therein, or any charge upon the same, shall be deemed to be lis pendens or notice to any person dealing with the same until notice of the pendency of such suit, bill, or proceeding shall be filed with the registrar and a memorial thereof entered by him upon the register of the last certificate of the title to be affected; provided, however, this section shall not apply to attachment proceedings when the officer making the levy shall file his certificate as hereinafter provided.

Certificate of dismis

must be

filed.

Section 90. When suit, etc., dismissed, certificate of dismissal or release must be filed with registrar.

SEC. 90. When any suit, bill, or proceeding affecting regissal of suit tered lands has been dismissed or otherwise disposed of, or any judgment, decree, or order has been satisfied, released, reversed, or modified, or any levy of execution, attachment, or other process has been released, discharged, or otherwise disposed of, it shall be the duty of the Sheriff, or the clerk of the court in which such proceedings were pending, or had, as the case may be, forthwith, under his hand, and, if the clerk, under the seal of the court, to certify to and file with the registrar, an instrument showing such discharge or release. Upon the same being filed, the registrar shall enter a memorial of such discharge on the register. The costs of such certificate and memorial shall be taxed as other costs in the case.

LIENS, EXECUTIONS, ATTACHMENTS, ETC.

Section 91. SEC. 91. No judgment, or decree, or order of any court shall copy of judgment be a lien on or in anywise affect registered land, or any estate must be or interest therein, until a certified copy of such judgment, de- filed. cree, or order, under the hand and official seal of the clerk of the court in which the same is of record, is filed in the office of the registrar, and a memorial of the same is entered upon the register of the last certificate of the title to be affected.

Certified copy of judgment or decree must be filed.

Certificate of levy of attachment, or execution, must

of attachbe filed.

Section 92. be filed. SEC. 92. Whenever registered land is levied upon by virtue certificate of any writ of attachment, execution, or other process, it shall of levy be the duty of the officer making such levy forthwith to file ment must with the registrar a certificate of the fact of such levy, a memorial of which shall be entered upon the register; and no lien shall arise by reason of such levy until the filing of such certificate and the entry in the register of such memorial, any notice thereof, actual or constructive, to the contrary notwithstanding.

Section 93. Notice of mechanics' liens must be filed.

mechanics'

SEC. 93. Notice of liens under the provisions of the mechan- Notice of ics' lien laws of this State shall be filed in the registrar's office, liens must and a memorial thereof entered by him upon the register, as in be filed. the case of other charges, and such liens may be enforced as now or hereafter allowed by law. Until such notice is so filed and registered, no lien shall be deemed to have been created.

Section 94. Notice of assessments for street improvements, sewers, etc., must be filed by clerk.

ments for

must be

SEC. 94. When in a city, town, or county, an ordinance, Notice resolution, or order is passed or made, to lay out, establish, of assess alter, widen, grade, regrade, relocate, or construct or repair a street work street, sidewalk, drain, or sewer, or to make any other public filed. improvement, or to do any work, the whole or a portion of the expense for which assessments may be made upon real estate, if any registered land or any land included in an application for registration then pending is affected by the Act or proceeding and liable to such assessment, the clerk of the board passing such ordinance, resolution, or order shall, within five days after the passage of such ordinance, resolution, or order, file in the registrar's office a notice of the passage thereof, and a memorial shall thereupon be noted on the register. In case of the repeal of such ordinance, resolution, or order, the clerk of said board, and in case of the satisfaction of any lien thereunder, the Superintendent of Streets or other officer required by law to collect and receive such assessments, shall, within five days thereafter, notify the registrar, who shall thereupon cancel such memorial.