186 LAND LAAYS AND TRANSFER 



with the guarantee behind his back. Purchasers are not 

 entitled to compensation until they have exhausted all 

 possible remedies against fraudulent vendors. In cases 

 of error, the rightful owner is compensated, not placed in 

 possession. This system has been in operation for many 

 years in the Australian colonies. Up to 1886 only four 

 titles have been cancelled, and only 2,000Z. has been paid 

 away in compensation. The aggregate amount of the 

 Guarantee Fund is over 200,000L 



The Prussian system^ was adopted in May, 1872, and 

 has since been applied in many of the German States. It 

 proceeds on the same lines as the Torrens Act. In 

 Prussia registries of deeds in which all mortgages were 

 registered existed in every market town, and also a 

 cadastral survey in which estates were defined. On these 

 bases the law worked. Full titles of ownership of land 



' The subject is likely to prove of such importance that some of the 

 best and most recent authorities are quoted below for the benefit of 

 those who care to pursue it further. 



(a) For the introduction of the system. 



(i.) Lehrbuch des preuss. Privatrechts, von Heinrich Dernberg, 



3. Aufl. vol. i. p. 450 at seqq., sections 190-199. 

 (ii.) Handbuch des deutschen Privatrechts, von Otto Stobbe, vol. 



ii., sections 94-95. 



(J) For the system itself. 



(i.) Die preussischen Grundbuch- und Hypotheken-Gesetze, von 



H. Werner (1873) (quoted by Mr. Brickdale). 

 (ii.) Das preussische Grundbuch-Eecht, von H. Bahlmann (quoted 



by Mr. Scott), 

 (iii.) Reports on Saxe-Coburg Land System and Prussian Land 



Transfer Laws, by Mr. Scott of the British Embassy at 



Berlin. Parliamentary Papers, Commercial Papers, part i. 



1882, and Report, 1887. 

 (iv,)Annuaire de la legislation etrangere, Paris, 1873. Art. 



par M. Paul Qide. 

 (v.) Law Quarterly Review, vol. iv, p. 63 et seqq. Jan. 1888- 



Article by Mr. C. F. Brickdale. 



