methods of conveying, resorted to in those days for the purpose of
evading the oppressions of feudalism. Nay, the analogy is so strong,
that in our Law Courts, and Deeds we still use the same barbarous Norman
French jargon in which the parley was in those ancient days held at the
gate of the baronial residence. (Hear, and applause.) It is perhaps
presumptuous of a person who has not received a legal education, to
address his mind to this question; seeing, however, that the persons
who, by ability, and education, are best fit to cope with the subject,
are not willing, or, at least have not done so, I have taken the task
upon myself. (Hear, hear). With your permission, I will give you an
outline of the plan. The purchaser of land from the Crown shall receive
a title deed, a land grant, as at present to be executed in duplicate,
and one copy filed in the Registrar-General's office. When an original
purchaser sells the land to another, he shall transfer it by a simple
memorandum, which being brought to the office of the Registrar-General
the original land grant must be surrendered, and then the Registrar will
issue a new title to the second purchaser direct from the Crown. (Hear,
hear.) This will get over the difficulty of tracing title through all
manner of intricate transactions between purchasers, and instead of a
man having to carry about an immense bale of papers, he would have one
simple document, which would, nevertheless, be a title valid and
indisputable, because it would be an original land grant. (Great
applause.)
Speech delivered on 4th June, 1857, in the Legislative Assembly by
the Hon. the Treasurer, Mr. Torrens, on the introduction of his
Bill for amending the law relating to the Transfer of Real
Property.
Mr. Speaker, I do not attempt to remedy the evils complained of, by
amendment of the existing law; that I believe to be impossible: I
propose to abolish a system irremediably wrong in principle, and to
substitute a method which I believe will, when explained, commend itself
to the House as consistent with common sense, perfectly feasible, and
effectual for all purposes required.
The first and leading principle of the measure which I introduce, is
designed to cut off the very source of all costliness, insecurity,
litigation, by abolishing altogether the system of retrospective titles
and ordaining that as often as the fee simple is transferred, the
existing title must be surrendered to the Crown, and a fresh grant from
the Crown issued to the new proprietor.
Public-domain text, read in full here on John Shaqi.
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