WILKIN, J.
This is an information in the nature of a quo warranto by the people, on the relation of the state's attorney of Cook county, against appellee, the recorder of deeds of that county, to oust him from the office of registrar of titles, the object being to test the constitutionality of an act of the legislature approved June 13, 1895, entitled ‘An act concerning land titles' (Laws Ill. 1895, p. 107). The defendant set up by way of plea the statute. To that plea the relator filed a demurrer, which was overruled, and he elected to abide by it. Judgment was accordingly entered for the defendant, and the people prosecute this appeal.
It is contended that the statute contravenes several provisions of the constitution, and is therefore void. One of the contentions is that it confers judicial powers upon the recorder of deeds (who is by the act made registrar of titles) and his examiners. If it does, counsel for appellee agree that it violates article 6, § 1, of the constitution, which provides that the judicial powers shall be vested in courts therein named, and the law is therefore invalid, without reference to other objections urged against it. In our view of the case, it will only be necessary to decide this one question. The act is very voluminous, consisting of 94 sections, but those bearing more or less directly upon the subject to be considered are the following:
‘Sec. 7. The owner of any estate or interest in land, whether legal or equitable, and whoever has the power of appointing or disposing of the entire legal estate in fee simple, may apply to the registrar of the county in which the land is situated to have his title registered. He may apply in person, or by an attorney in fact authorized so to do. A corporation may apply by its authorized agent; an infant, by his natural or legal guardian; any other person under disability, by his legal guardian.’
‘Sec. 11. The application shall be in writing, signed and sworn to by the applicant or the person acting in his behalf. It shall set forth substantially: (a) The name and place of residence of the applicant, and if the application is by one acting in behalf of another, the name and place of residence and capacity of the person so acting. (b) Whether the applicant (except in the case of a corporation) is married or not, and, if married, the name and residence of the husband or wife. (c) The description of the land. (d) The applicant's estate or interest in the same, and whether the same is subject to an estate of homestead. (e) Whether the land is occupied or unoccupied, and if occupied, the name and post office address of each occupant, and what estate or interest he has or claims in the land. (f) Whether the land is subject to any lien or incumbrance, and, if any, give the name and post office address of each holder thereof, and the nature and amount of the same, and, if recorded, the book and page of the record. (g) Whether any other person has any estate or claims any interest in the land, in law or equity, in possession, remainder, reversion or expectancy, and if any, set forth the name and post office address of every such person and the nature of his estate or claim. (h) If the applicant is a male, that he is of the full age of twenty-one years; if a female, that she is of the full age of eighteen years. If the application is on behalf of a minor, the age of such minor shall be stated.’
‘Sec. 14. Upon such application being filed with the registrar, he shall cause examination to be made into the applicant's title to the land and as to the truth of the matter set forth in the application, and particularly whether the land is occupied; the nature of the occupation if occupied, and by what right, and shall notify all persons who shall appear by the application or otherwise to have any interest in, or lien or claim upon the land, of such application,-a copy of which notice shall be posted upon the premises in a conspicuous place at least ten (10) days before the granting of the certificate of title. No applicant for the registration of any interest in land under this act shall be required to furnish with his application an abstract of title, or other evidence, except of instruments which are not then of record in the office of the recorder of the county in which the land is situated; but it shall be the duty of the examiners to examine, as the basis of their opinion, the full records of all instruments which are then of public record in said office, together with the original instruments, or abstracts thereof, of which the records have been destroyed by fire or otherwise. If any defects are found in the title which he thinks may be removed, he shall notify the applicant of the same and give him a reasonable time to remove such defects before finally passing upon his application.
‘Sec. 15. If it shall be made to appear to the registrar that the facts stated in the application are true, and that the applicant is the owner of the land, or interested therein as set forth in the application, he shall issue a certificate of title, and proceed the bring the land under the operation of this act, as hereinafter provided. Otherwise he shall dismiss the application without prejudice, and return the papers to the applicant.’
‘Sec. 29. The registered owner of any estate or interest in land brought under this act shall, except in case of fraud to which he is a party, or of the person through whom he claims without valuable consideration paid in good faith, hold the same subject only to such estates, mortgages, liens, charges and interests as may be noted in the last certificate of title in the registrar's office, and free from all others except: First. Any subsisting lease or agreement for a lease for a period not exceeding five years where there is actual occupation of the land under lease. The term lease shall include a verbal letting. Second. All public highways embraced in the description of the lands included in the certificate shall be deemed to be excluded from the certificate. Third. Any subsisting right of way or other easement, however created, upon, over or in respect of the land. Fourth. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. Fifth. Such right of action or counter claim as is allowed by this act. Sixth. The right of any person in possession of and rightfully entitled to the land, or any part thereof, or any interest therein adverse to the title of the registered owner at the time when the land is first brought under this act, and continuing in said possession until the issuance of such last certificate of title.
‘Sec. 30. After land has been registered, no title thereto, adverse or in derogation to the title of the registered owner, shall be acquired by any length of possession merely.
‘Sec. 31. Except in case of fraud, and except as otherwise herein provided, no person taking from the registered owner a transfer of registered land or any estate or interest therein, or of any charge upon the same, shall be held to inquire into the circumstances under which or the consideration for which the estate or interest of such owner or any previous registered owner was registered, or be effected with notice, actual or constructive, of any unregistered trust, line, claim, demand or interest in the land and the knowledge that any unregistered trust, lien, claim, demand or interest is in existence, shall not of itself be imputed as fraud.
‘Sec. 32. In any suit for specific performance brought by a registered owner of any land under the provisions of this act, against a person who may have contracted to purchase such land, not having notice of any fraud, or other circumstances, which, according to the provisions of this act, would affect the right of the vendor, the certificate of title of such registered owner shall be held in every court to be conclusive evidence that such registered owner has a good and valid title to the land, and for the estate or interest therein mentioned or described.
‘Sec. 33. In any action or proceeding brought for ejectment, partition or possession of land, the certificate of title of a registered owner shall be held in every court to be conclusive evidence, except as herein otherwise provided, that such registered owner has a good and valid title to the land, and for the estate or interest therein mentioned or described; and that such registered owner is entitled to the possession of said land, except as against any person rightfully claiming possession under some estate, mortgage, lien or charge noted on the certificate.
‘Sec. 34. The register of any land and duly credited copies thereof shall, except as herein otherwise provided, be received in law and in equity as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the estate or interests therein specified. The words heirs and assigns' shall not be necessary to create a fee simple estate of inheritance.
‘Sec. 35. Whenever a memorial has been entered as permitted by this act, the registrar shall carry the same forward upon all certificates of title until the same is canceled in some manner authorized by this act.
‘Sec. 36. All dealings with land or any estate or interest therein after the same has been brought under this act, and all liens, incumbrances and charges upon the same subsequent to the first registration thereof, shall be deemed to be subject to the terms of this act, and to...
