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TORRENS SYSTEM
Who Was The Author?
REGISTRAR=GENERAL'S
VIEW
The correspondence in our open
columns regarding; the authorship
of what is known as the Torrens
system of lands titles disclosed
such widespread interest in the
subject, that the Registrar-Gene-
ral of Deeds (Mr. V. E. R. Dumas)
was asked yesterday to give his
views.
As the Attorney-General , (Mr.
Denny) pointed out, said Mr. Dumas,
no significant change of the magni-
tude of the Torrens System could be
the sole unaided work of any one man.
so there was no need to cavil at the
claims put forward on behalf of Mr.
Anthony Forster and Dr. Ulrich Hubbe
(both now deceased) that they had
rendered assistance in bringing the
reform about—Mr. Forster by his able
and spirited articles in the press, and
Dr. Hubbe by his translation of the
real property law of the Hanse Towns
of Germany, and by his wide know-
ledge of their application. To the
full extent to which the work can be
ascribed to any one man, however,
Torrens was the originator, creator,
and author of the system bearing his
name, and was also the first adminis-
trator of the Act.
Torrens Knigbted For His Work
"I have read much on this mat-
ter," Mr. Dumas continued, "but the
records of Torrens's time do not yield
anything to detract from this asser
tion. It is true that in 1884, Parlia-
ment, as mentioned by "Historicus,"
granted Dr. Hubbe £200 for bis trans
lation. But if this is to be accepted
as evidence in recognition of Dr.
Hubbe's work, how much greater
weight must be attached to the fact
that Torrens was knighted for his
work. It is past belief that such a
signal honor would be conferred were
there was a particle of doubt as to
the claims of the recipient. As a
sidelight, I might mention that the
worthy German settlers of Tanunda
gave a largely attended reception and
banquet to the author of the Real
Property Act, and it was Torrens they
honored, not their countryman. Dr.
Hubbe.
"Going further afield for evidence,
we find that, on February 1, 1864, at
a meeting of landed proprietors,
bankers, merchants, and others, held
in the Commercial Buildings, Dublin,
Ireland, Torrens delivered a lecture,
and tbe following resolution was
passed—That the thanks of this meet
ing are due to Robert B. Torrens, Esq..
for his clear and able exposition, of
the method of conducting dealings
with land by registration of title which
is .now in operation in tbe Australian
colonies . . . and that this meeting
commends Mr. TorrensVs system ..."
&c. Before this, Torrens bad been
thanked in every part of Australia and
New Zealand for the same reason.
"It would be well that the Torrens-
Dr. Hubbe disputation were settled
before the real facts are further ob-
scured by the mists of time, and while
those seeking to establish the claims
of Dr. Hubbe are still few in number.
Let those wno, from their sense of
fairness mistaken though it be, ad-
vocate recognition of the work
of Dr. Hubbe, peruse Hansard of 1857-8,
Forster's 'South Australia, Its Progress
and Prospects,' published in 1866,
Chapter VI, Hodder's The History of
South Australia,' pages 310-315, the
pamphlet published in 1882 entitled
correspondence on the Real Property
Act,' Kerr's "The Australian Lands
Titles (Torrens) System,' p. XIII, and
Hogg's 'Australian Torrens System,'
quite the. most authoritative work yet
written, pages 1, 21, 23, and elsewhere.
Preserve The Author's Fame
"It may be some satisfaction io Dr.
Hubbe's supporters, if I mention that
Dr. Hubbe gave important evidence
before the Royal Commission on Real
Property Law appointed in 1872, many
years after Torrens initiated his
measure, and I think the active part
he then took has led some people to
over-estimate the assistance he ren-
dered to Torrens in 1857-8. It is
possible that the extracts given by
'Research' in your Issue of the 15th
from Loyau's work, 'Notable South Aus
tralians,' is based on some such con-
fusion. In any case, Loyau would
not be accepted as an authority with
those I have quoted. It is the duty
of the people of Australia who benefit
so greatly by the measure of real pro-
perty law reform introduced by the late
Sir R. R. Torrens to preserve for all
time his fame as its author."
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