24 Operation of the 



loss consequent on error. Nothing short of miracle could guard 

 against the possibility of some dormant claim, resulting from such 

 a multiplicity of transactions. It is, however, very satisfactory to 

 be able to state that hitherto not one such claim has been brought 

 to light. 



Very different might have been the result, if the examiners 

 had acted on the view of their duty lately expressed by one of 

 our legislators, by using their powers as a mere expedient for 

 curing the bad titles of applicants. The honorable member must 

 have surely forgotten that this could only transfer the mischief of 

 the bad title to the public. The object of the Act is not to cure 

 bad titles — but to place the " guinea stamp " upon good ones — 

 and by thus rendering them current coin, to save the worry and 

 expence of a. fresh assay upon every future transfer. This ad- 

 vantage alone is surely enough to merit the approval of a com- 

 mercial people. Upon this particular question there is a 

 passage in the speech made by Lord Cairns, in the House of 

 Commons, when introducing his Titles to Land Bill of 1859, which 

 is so exactly to the point that I cannot do better than adopt his 

 explanation. As the objector on that occosion was no less a 

 person than the late Lord Palmerston, the colonial member for 

 whose benefit I reproduce the answer will not be able to com- 

 plain of my treating him with any indignity. 



" It may be said," observes Lord Cairns, "that the plan I have 

 sketched is all very well so far as good titles are concerned, but 

 that it is desirable to know what we intend to do with respect to 

 those to which there is some objection. Indeed, the noble lord 

 (Palmerston), in his usual playful manner, remarked that he 

 supposed we were proposing to give an indefeasible title to all 

 occupiers of land — to convert bad titles into good ones ; and as a 

 consequence to produce what no doubt would be regarded as a 

 very popular measure. I can, however, assure the noble lord 

 that we have no plan in contemplation for turning a bad into a 

 good title. What we do propose is, that those who have a good 

 title should be entitled to obtain a declaration of it. But it is 

 important, at the same time, to bear in mind that this is not the 

 ■whole of the measure. I believe that, in point of fact, there are 

 very few titles which are not good. But there are titles which, 

 though substantially good, are open to certain technical objections 

 that are generally guarded against by conditions of sale, and 

 which, in strictness, are of a nature which prevents you from 

 saying a title is absolutely good, and it is very rarely the case, 

 in regard to any one of these, that it could not by a little trouble, 

 or expense, be cured. At present there are no inducements for 

 a man whose title is open to such defects to have them removed, 

 because then? removal would occasion him expense, without any 

 corresponding advantage upon a sale. But if you were able to 



