residents of the State of Mississippi, but their residence is known, which must appear by affidavit, then summons must be served on such non-residents as is now prescribed by law for the service of summons on non-residents.

Clerk to publish notice of proceedings; what such publication to contain; summons and notice made mandatory.

SEC. 7. In addition to the summons issued, prescribed in the foregoing section, the clerk of the court shall, at the time of issuing such summons, publish a notice of the filing thereof containing the name or names of the petitioners, the name or names of all persons named in the petition, together with a short but accurate description of the land and the relief demanded, in some newspaper published in the county wherein the land is situate, and having a general circulation in said county, and if there be no such paper, then in a newspaper in the county nearest thereto, and having a general circulation in the county wherein the land lies, once a week for four issues of such paper; provided

such advertisement shall not cost more than two dollars and fifty cents. Said notice shall set forth the title of the cause and in capital letters the words, "To whom it may concern," and shall give notice to all persons of the relief demanded and the return day of the summons; provided that no final order or judgment shall be entered in the cause until there is proof and adjudication of publication as in other cases of publication of notice of summons. The provisions of this section, in respect to the issuing and service of summons and the publication of the notice, shall be mandatory and essential to the jurisdiction of the court to proceed in the cause; provided, that the recital of the service of summons and publication in the decree or in the final judgment in the cause, and in the certificate issued to the petitioner as hereinafter provided, shal! be conclusive evidence thereof.

Proceeding set down for hearing; if an answer filed claiming interest, hearing referred to examiner of titles; examiner to file his conclusions; either party may file exceptions.

SEC. 8. Upon the return day of the summons the petition shall be set down for the hearing upon the pleadings and exhibits filed. If any person claiming an interest in the land described in the petition, or any lien thereon, shall file an answer, the petition and answer, together with all ex

hibits filed, shall be referred to the examiner of titles, who shall proceed after notice to the petitioner and the persons who have filed answer or answered, to hear the case upon such parol or documentary evidence as may be offered or called for and taken by him, and in addition thereto make such independent examination of the title as may be necessary. Upon his request the clerk shall issue a commission under the seal of the court for taking such testimony as shall be beyond the jurisdiction of such examiner. The examiner shall, within thirty days after such hearing, unless for good cause the time shall be extended, file with the clerk a report of his conclusions of law and fact, setting forth the state of such title, any liens or incumbrance thereon, by whom held, amount due thereon, together with an abstract of title to said lands and any other information in regard thereto effecting its validity. Any of the parties to the proceedings may, within twenty days after such report is filed, file exceptions, either to the conclusion of law or fact. Whereupon the clerk shall transmit the record to the chancery court for determination thereof; such court may upon its own motion make up any issue or issues of fact arising upon any such exceptions and proceed to trial of such issue or issues by jury as in other cases of trial by jury in the chancery courts, and the court shall on the demand of any party to the proceeding proceed to a trial of the issue or issues of fact by jury as in other cases in chancery court. If, upon consideration of such record, or the record and verdict of issues tried by jury, the title be found to be in the petitioner, the court shall enter a decree to that effect, ascertaining all limitations, liens, and etc., declaring the land entitled to registration accordingly, and the same, together with the record, shall be docketed by the clerk of the court as in other cases, and the decree shall be registered in the register of deeds of said county as hereinafter provided. Any of the parties may appeal from such judgment to the supreme court, as in other cases. No judgment in any proceeding under this act shall be given by default, but the court must require an examination of the title in every instance except as respects the right of parties, who, by proper pleadings admit the petitioner's claim. If upon

the return day of the summons and the day upon which the petition is set down for hearing, no answer be filed, the clerk shall refer the same to the examiner of titles, who shall, after notice to the petitioner, proceed to examine the title, together with all liens, or incumbrances set forth or referred to in the petition and exhibits, and shall examine the record of deeds, mortgages, wills, judgments, and other

con

records of the county, and upon such examination he shall as hereinafter provided, report to the clerk the condition of the title, with a notice of lien or incumbrances thereon. The examiner shall have power to take and call for evidence in such case as fully as if the application were being tested. If the title be found to be in the petitioner, the court shall enter a decree to that effect and declaring the land entitled to registration with entry of any limitations, liens, and etc., and the decree shall be registered in the register of deeds of the county.

Decree made forever binding and bars all claims hereafter against the land; persons under legal disability not excepted.

SEC. 9. Every decree rendered as herein before provided shall bind the land and bar all persons claiming title thereto or interest therein; quiet the title thereto and shall be forever binding and conclusive upon and against all persons, including the State of Mississippi, whether mentioned by name in the order of publication or included in the general description "To whom it may concern." It shall not be an exception to such conclusiveness that the person is an infant, lunatic or under any disability, but such person may have recourse upon the indemnity fund hereinafter provided for, for any loss he may suffer by reason of being so concluded.

Clerk to keep a register of all decrees and note thereon all subsequent transfers or changes of title.

SEC. 10. The chancery clerk shall provide a book or books for the registration of deeds, to be called registration of titles, in which said clerk shall register, enroll, and index, as hereinafter provided, the decree of title hereinbefore mentioned and the copy of the plot contained in the petition, and all subsequent transfers of title, and note all voluntary or involuntary transactions in anywise affecting the title to the said land, authorized to be entered thereon. If the title be subject to a trust, condition, incumbrance or the like, the words "in trust," "upon condition," "subject to incumbrance," or like appropriate insertion shall indicate the fact and fix any person dealing with such certificate with notice of the particulars of such limitations upon the title as appears upon the registry. Upon the registration of such decree the clerk shall issue an owner's certificate of title, under the seal of his office, which shall be delivered to the owner or his agent duly authorized, and shall be substantially as follows:

Certificate of title issued to owner.

STATE OF MISSISSIPPI,

County of.....

of.

The certificate of.

I hereby certify that the title is registered in the name to and situated in said county and state described as follows (here describe the land as in the decree). "Estate.

(here name the estate and any limitations or incumbrance

thereon, as "fee simple," "upon condition," "in trust," and the like.) Under decree of the chancery court of...... county, entitled...

Certificates to be numbered; subsequent changes noted by clerk.

SEC. 11. All certificates of title to land in said county shall be numbered consecutively, which number shall be retained as long as the boundaries of the land remain unchanged, and a separate page or more, with appropriate space for subsequent entries, shall be devoted to each title in the registration of titles books for said county. Every entry made upon any certificate of title in said book or upon the owner's certificate under any of the provisions of this act, shall be signed by the chancery clerk and minutely dated in conformity with the dates shown by the entry book.

Transfer of registered titles; how to be made.

SEC. 12. Whenever the whole of any registered estate is transferred or conveyed the same shall be done by a transfer or conveyance upon or attached to the certificate substantially as follows: A. B. and wife (giving the names of the parties owning land described in said certificate and his or their wife or wives) hereby, in consideration of

dollars, sell and convey to C. D. (giving name of purchaser) the lot or tract of land, as the case may be, described in the certificate of

title hereto attached; that same shall be signed and properly acknowledged by the said party or parties and his or their wife or wife and shall have the full force and effect of a deed in fee simple; provided, that if the said sale shall be in trust, upon condition with power to sell or other unusual form of conveyance, the same shall be set out in said deed, and shall be entered upon the registration of titles book as hereinafter provided; that upon presentation of the said transfer, together with the certificate of title to the chancery clerk, the said transaction shall be duly noted and registered in accordance with the provisions of this act and certificate so presented shall be cancelled and a new certificate with the same number issued to the purchaser thereof, which new certificate shall fully refer by number and also by name of holder to former certificate just cancelled.

How transfer to be made of part of registered estate; new certificate made and separate certificate issued to purchaser.

SEC. 13. That whenever a part of any registered estate is transferred or conveyed the same shall be, by the form of transfer herein before referred to, setting out the portion of estate transferred, if it be undivided, and if it be a divided portion the same; and in addition, shall be accompanied by a plot showing the divisions and the part to be sold; that upon presentation of such transfer, together with the certificate of title and the plot, it shall be the duty of the clerk to cancel the certificate so presented and to issue to the holder of said certificate cancelled a new certificate, bearing the number of the original and setting out the part of interest in the land retained by said owner or vendor; and said clerk shall also issue to said purchaser of undivided or separate portion of the said estate so transferred a new certificate bearing the same number, setting out the part or amount of land transferred by him, as the case may be; if the transfer be of a divided part of the land, plots of each and every portion thereof shall be the subject of a newly registered title, the old certificate shall be cancelled and a new certificate issued to each owner; that the said clerk shall note upon the registration of titles book and the certificate of title therein the reference and cross-references to the certificates herein referred to; provided that the provisions of this section shall apply to an owner who desires to subdivide any tract either at the time of the initial registration or subsequently, upon the payment of necessary surveyor's fees, if they are required, and payment to the proper officer of the amount herein provided for issuing the necessary certificates and recording the map.