30 Operation of the 



which do not any the less require amendment when brought to 

 the searching test of experience. 



After this preface, I need hardly say that in pointing out what 

 I consider the defects of the Act, as it now stands, I cannot be 

 held chargeable with any disparagement of its author, or 

 ef those who aided in its preparation and enactment. 



The strenuous opposition of the legal profession in Adelaide to 

 the original measure is generally understood to be the reason why 

 its machinery has been placed, with the exception of the two 

 examiners appointed to investigate titles, in the hands of persons 

 who either are or may be wholly unconnected with the law. The 

 Registrar- Greneral is placed at the head of the department assisted 

 by two Commissioners, forming a board of which he is the presi- 

 dent. These commisioners in Adelaide were merchants, and if 

 at any time the office should be filled by a gentlemen of legal 

 education, it is a mere accident, and not a condition of appoint- 

 ment. The effect of this is to render many of its functions 

 illusory, the examiners being of necessity the real commisioners 

 in all matters requiring judicial investigation and decision and the 

 nominal commissioners so far passive organs of their opinion. 

 It is hardly to be imagined that this part of Mr. Torrens's plan 

 was ever intended to be permanent, 



"Whether any advantageous plan be temporaialy available 

 intermediate between this and the creation of a Land Titles Court 

 appendant to the department, may be matter for consideration. 



Ultimately, I am convinced that nothing short of the establish- 

 ment of such a court can give to any community the full advan- 

 tages of a Land Titles Eegister under the new system. 



The Commisioners of 1839, do not in their general report 

 recommend the establishment of a special Land Titles Court, 

 although to a certain extent the functions of the head of such a 

 registry system as the report contemplates must be necessarily 

 of a judicial character, and the office of registrar under Lord 

 Westbury's Act is rendered, in view of this necessity, a pro- 

 fessional appointment of £2500 a year, and its holder is en- 

 trusted, in conjunction with the Lord Chancellor, with the fram- 

 ing of all rules and orders for the conduct of the department. 

 On this subject Mr. Yincent Scully, one of the Commisioners, 

 differed from his colleagues, and subjoined to the report the 

 following forcible remarks in support of his own view. 



" It appears to me that a land tribunal of high position and 

 character, with avowed judicial powers for deciding questions 

 affecting registered land, and with equitable jurisdiction to enforce 

 right or to prevent fraud or wrong, would, upon several obvious 

 grounds, be preferable to a land registry office professing to be 

 merely ministerial, but in effect exercising quasi-judicial functions, 

 to confer and transfer indefeasible titles The land 



