Meal Property Act. 25 



assure him that by some such, arrangement as I have described 

 he could cure the technical defects which now exist, and then 

 have a declaration of title once and for all, I am much mistaken if 

 numbers of titles liable to these objections would not be cured 

 and made good in form, as in substance, and be found to deserve 

 the sanction of this measure. The course, therefore, which I 

 anticipate is this, — that those who desire to avail themselves of 

 it, and have perfectly good titles, will at once obtain a declara- 

 tion in their favour. — while those whose titles are open to technical 

 defects, will do what is required to cure them, and so come in to 

 secure the same advantage. 



"And then we all know that, sooner or later, there must come 

 a time when, with regard to the very worst titles, their flaws may 

 be taken away by very long possession, if by nothing else. — so 

 that the period will arrive at which titles which are now bad, will 

 in turn receive the benefit of this declaration." 



It may be very true that the progress of the new systen in 

 Great Britain has hitherto very imperfectly realised the expec- 

 tations thus held out by Lord Cairns ten years ago. Some of 

 the obstructing causes will be adverted to in the course of the 

 following remarks. Bat however this may be, it is quite evident 

 that in the Australian colonies, the new law has been fully ac- 

 cepted by the public. So far from any serious obstruction 

 through opposition, there is now more danger of mischief from 

 indifference, that is to say from the too contented toleration of 

 imperfections from Avhich no infant institution can possibly be 

 exempt, and the removal of which is necessary to complete its 

 usefulness. Tet eA r en those who at first most distrusted it as a 

 hazardous innovation, may fairly be expected, when they find it 

 established beyond recal, to lend a willing ear to the suggestions 

 for its amendment. They may thus render it either less objec- 

 tionable — or more perfect, — in whichever of these points of view 

 they may now please to regard it. 



When the nature of the .subject is considered, — involving, as it 

 does, a complete revolution in the law affecting transactions full 

 of complicated details, — it must be confessed that the passive 

 acquiescence of those who originally opposed it- — not only refrain- 

 ing from all clamour for serious amendments, but leaving the 

 task of suggesting alterations wholly to the friends of the measure- 

 is a telling tribute in favour of the care and ability bestowed 

 upon it by Mr. Torrens and those few professional men who aided 

 him in his difficult task. If the history of similar revolutions in 

 the laws affecting new phases of commercial enterprise in joint- 

 stock companies and other subjects of modern legislature be 

 reviewed, they will be found (although framed and watched by 

 the most eminent lawyers of the clay) to have required frequent 

 and more imperative amendments to make them work with 

 tolerable satisfaction to the public. 

 E 



