Heal Property Act. 35 



additional powers of a judicial character, he ia thua placed some- 

 what on the same footing as the Registrar at the head of the 

 department under Lord YVestbury's Act. 



By means of powers thus created, it may, perhaps, be possible 

 to administer the system for some years longer, without initiating 

 a formal Land Titles' Court like that of Ireland. 



But, hitherto, it is only in Ireland, that having regard to the 

 preceding consideration, the new system of registration can be 

 regarded as in complete operation. The Landed Estate Court of 

 that country originally established in 1858, for merely disen- 

 tangling titles or encumbered estates for the purposes of sale, 

 has lately been supplemented by the Record of Titles' Act, 

 creating a system of transfer similar to that of our Act. The 

 motive for instituting this Court was indeed exceptional, and 

 might have been fully justified, having regard to the peculiar 

 exigencies of Ireland, even without any regard to any novel 

 theory of registration. "When, however, the advantages of such 

 a Court were proved by its results to exceed the most sanguine 

 expectations, public opinion became greatly influenced in favour 

 of the entire system of which this was only an introductory 

 instalment. It became an obvious question, whether the sim- 

 plicity of title once acquired by a judgment of The Landed 

 Estates Court, should not be kept on foot by a permanent 

 register on the same plan. 



The existence of the Court afforded an excellent opportunity 

 for placing the new register under its control. 



An Act effecting this was accordingly passed in the year 1865. 

 This was partly founded on the English Act of Lord Westbury, 

 and partly on suggestions derived from Mr. Torrens, then 

 residing in England. It was carried, in the face of considerable 

 opposition, through the exertions of a powerful association, of 

 which Mr. Dix Hutton, a. Dubiin barrister, was the secretary, 

 and he was in frequent correspondence with my late colleague 

 Mr. Dick and myself regarding its details during its progress 

 through Parliament. 



If this Act be properly carried out in Ireland, in conjunction 

 with the Landed Estates Court, it will admit of a more perfect 

 administration than any of the corresponding measures in 

 England or Australia. If it fail, this can only be through 

 professional influence, and the apathy of the public in permitting 

 its operation. Mr. Dix Hutton complains of much obstruction 

 from this source, both in his published reports and addresses, 

 and in letters to myself. 



There is yet another distinction between the Australian and 

 Imperial Acts which demands observrtion. 



The supervision of the department in England by a registrar 

 of eminent legal attainments, and in Ireland by a Court of 



