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VIEWS AND COMMENTS
REAL PROPERTY ACT
TORRENS NOT SOLE AUTHOR
To The Editor
[letter from STEPHEN PARSONS]
Sir—Your numerous readers should
feel deeply grateful to the Hon. W. J.
Denny for his lucid and instructive
article in "The Advertiser" on Friday.
on the Real Property Act and its
operations. Mr. Denny, however, is
not quire correct in attributing this
beneficent measure wholly to Sir
Robert Torrens. About, three years
ago. when urging through the press
the claims of John Ridley to public
recognition for his invention of the
reaping machine. I get into touch with
Miss Ridley, of London (the last sur
viving member of the family) who
sent me a budget of her father's let
ters. Among these was correspond-
ence between Anthony Forster and Sir
Robert Torrens during 1857. These
letters are now deposited in the public
archives. Mr. Forster, who was
editor cf "The Register"' in the fif-
ties, and member of the Legislative
Council, was an intimate friend of
John Ridley, and was attorney for the
latter during his absence from South
Australia; hence the connection. In
writing to Miss Ridley in 1892 An-
thony Forster, thcn living in England,
says -'I send you a letter from Mr.
(later Sir) Robert Torrens, to be
placed among your memorabilia of the
Colony of South Australia. It is his-
toric. and will be perused with interest
by early colonists who witnessed the
struggles connected with the great
measure of law reform which bears
Mr. Torrens's name. There are two
things which stand out prominently
as the greatest boons ever conferred
on the colony, viz, the invention of
the reaping machine, and the passing
of the Real Property Act. The
former was the work of your father,
and the latter was chiefly the work
of Mr. Torrens. I may, however, say,
at the close of a long life, that the
Real Property Act originated in a
series of leading articles that I wrote
in the South Australian 'Register.'
calling attention to the great and un-
necessary expense of the transfer of
land under the system of conveyanc-
ing then prevailing. I pointed out
especially the absurd and apparently
unfair practice of charging heavy fees
for the retrospective investigation of
title in every separate transaction, al
though the same title had been inves
tigated a dozen times before. Mr.
Tcrrens was a:tracted by those articles,
and he conceived the happv idea of
getting rid of deeds altogether, and
substituting for them an indefeasible
certificate of title which was to be
registered in the Real Property Office,
a counterpart being issued to the trans-
feree. But as all the lawyers in the
colony were hostile to the proposed
new measure, it could never have I
been brought to a final consummation
but for the official help of a German
lawyer. Dr. Hubbe. who has unfortu-
nately had too little recognition in
connection with it. The provisions of
the Bill were settled by Mr. Torrens
and a few friends, and put into proper
form by Dr. Hubbe. and passed trium-
phantly through the local legislature,
notwithstanding the fierce and uncom-
promising opposition of the lawyers.
Mr. Torrens took charge of it in the
House of Assembly, and I in the Legis
lative Council. We had the whole
colony at our back. This is in a few
words the history of the Real Property
Act. Yours sincerely, Anthony For
ster." Thus Forster evidently inspired
the measure and Dr. Hubbe acted as legal friend and adviser - I am, Sir, &c, STEPHEN PARSONS
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