e,
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.
The principle next in importance prescribes that registration _per se_
and alone shall give validity to transactions affecting land. Deposit of
duplicate of the instrument, together with the record of the transaction
by memorandum entered in the book of registration and endorsed on the
grant by the Registrar-General, to constitute registration. This method
is designed to give confidence and security to purchasers and
mortgagees, through the certainty that nothing affecting the title can
have existence beyond the transactions of which they have notice in the
memoranda endorsed on the grant.
My third principle aims at simplicity and economy by prescribing certain
stereotyped forms of instruments available to each occasion to be
supplied at the
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