28 Operation of the 



introduced by Lord (then Sir Hugh) Cairns, in the English 

 Parliament. This although favourably entertained and adopted 

 by a select committee, fell through without passing into law. 

 Ultimately two separate bills were brought in by two eminent 

 lawyers, the one Lord "Westbury, then Lord Chancellor, and the 

 other Lord Cranworth, his predecessor on the woolsack. 



Instead of deciding between their relative merits,- — -the Parlia- 

 ment enacted both, and both are now a part of the law of England 

 That of Lord Cranworth is limited to the j>reliminary process of 

 conferring a parliamentary title, indefeasible in virtue of a 

 judicial declaration in favour of the applicant, but continuing 

 under the operation of the old law in respect to all future 

 dealings. 



The Act of Lord "Westbury establishes a new registry not only 

 empowering the Registrar, with assistance of examiners, to inves- 

 tigate titles, — and grant indefeasible certificates, — but also to 

 place them in a new register under provisions simplifying and 

 regulating all future dealings, on a system not materially differing 

 from that of the Torrens' Act of these colonies. 



It is, however, an important distinction between Lord "West- 

 bury's measure and the one proposed by Lord Cairns that while 

 the latter provided a Land Titles Court for presiding over the 

 judicial business of the department, — the Act of Lord "Westbury 

 dispenses with this provision, and leaves all matters requiring 

 judicial intervention beyond the limited powers conferred on the 

 Register, — to the ordinary tribunals before existing. This 

 distinction is the more deserving of our own attention, because it 

 equally applies to the Act of New South Wales. 



A measure substantially agreeing with that of Lord Cairns, and 

 providing, as that did, for the establishment of an attendant land 

 titles court, was in fact under consideration in this colony, in 

 1862, having been passed through a select committee of the 

 Legislative Council, as a government measure. But while this 

 was pending, favourable reports of the working of Mr. Torrens's 

 Act in South Australia attracted attention in all the neighbour- 

 ing colonies, and led to the passing of Acts framed on the same model 

 in Queensland, Tasmania, and Victoria. My late colleague Mr. 

 Dick visited Adelaide to investigate the details on the spot, and 

 Mr. Torrens soon afterwards came himself to Sydney, where he 

 delivered a lecture on the subject, and consented to give evidence 

 before a select committee of the Legislative Assembly, to whom 

 the bill introduced by Mr. Dick, and afterwards passed, had been 

 referred for report. Under these influences, and consequently 

 on the report of that committee, the Cowper Government of that 

 day transferred its support from Lord Cairns' Bill to that of Mr. 

 Torrens. As one of the members of the then Legislative Council 

 I made a like transfer of my vote, mainly in consideration of the 



