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The South Australian Real Property
Act of 1858
To Whom it May Concern
Per favour of the editor of the Empire
Mr R. R. Torrens, the author of this Act,
is the first of Australian legislators who had
the moral courage to undertako and persever-
ance to accomplish one of the most important
and urgently required reforms; he has thereby
entitled himself not only to the applause and
gratitude of his own fellow-colonists, but like-
wise of all the citizens of the whole group of
Australian colonies, who, encouraged by the
results of his labour, will not fail likewise to
emancipate themselves from the barbarous
I legal thraldom in which they are still held, and
from which he, Mr Torrens has radically and
for ever, freed his province.
Persons who are not intimately acquainted
with the subject;*'should' 'peruse tho pamphlet
confaining the addresses- of Mr. Torrens- to his
constituents,-amrhis-spee«hes in tho Assembly
¡on introducing and-passing this bill; in'order
¡perfectly. to comprehend the (principles-1 and
ieffects of tbe;enaotmonts. They will perceive
'that Mr. Torrens,- with that, manly modesty
which characterises real'merri,lays no claim-to-'
originality,; but points) distinctly to tho'
master-mind (liord Brougham)** which gave
tho , impulse to1 hir* exertions, and he"
tells- you-, the sources- from; which ho'
has-drawn,and' the experiences; upon which'
ho relied. Mr. Torrens claims no-more than tho
merifr'of adaptation, and this,renders his pro-
duction sp.much"more. valuable, aa-it preserves
it frorn tho.character' of arv experiment which ,
professional lawyers would fain impress upon
it. While payingrthis humble, tribute, for tho -
patriotic-exertions of Mr.'torrensi. we should
not omit honourably «to ácícnpwledgs- the ser-
vices which tho lay-'me'rabors'! of the South
Australian'Assembly-have rendered to- the com-
munity by. the noble examplo ; they have sot to
the neighbouring legislatures-,, in giving an
enlightened and generous support to Mr. Tor-
rens, by which he was-enabled- to carry his
valuable measure, against thé anray of lawyers
in -and out of Government- siriploy;. with a
majority.of .19-against"7-; : and'which affords
some hppe,4hat in tho colony of New South
Wales also-, . something: bénéficiai may bo.
effected in legislating upon matters of purely
politico-economical nature. »
It is natural that I should'1 tako- a prominent
interest in this assertion of-' sound- administra-
tive principleo-in a neighbouring! colony, when
in an article of-;mino which ; appeared' in THE
EMPIRE of the 2nd Ootoberj-iISSTT, headed
Agrarian Justice/ &c., the*following passage
appears:-"Ia all countries'vwhich have
arrived at an advanced state' of civiliza-
tion, however defective -and' unjust the
original distribution of' land1 may have
been, it has in time, through-, revolutions, ne-
cessary concessions,. and - partial recognitions
of right principles¿--been'considerably modified.
Where this bas-taken pla-oo-there have been,
in most cases, also greatiitnprovements made
in tho tenure of land, .that, is$ the security of
titles lias boen established by easy and inex-
pensive methods,, and -by which tho descent^'
alienation, transfer, snbdiviston.itnd hypotheca-
tion can .be effected.- with 'facility and without
tho. possibility of being! disputed,, or made
fraudulently or by> forgery-. In the British
dominions alone,, the most barbarous- and ob-
jectionable system-,of'tonuro,.deriveilfrom tho
feudal times, is still continued,notwithstanding:
the efforts made by several, eminent statosmen
and lawyers, with X-ordOBrougham at the head,
to refovrn this important.branch of administra-
tion." .-. Perhaps, even more thani Sitr. Torrens,
I shall be denounced- as " arrogant," for pre-
suming, as an unprofessional- person, to pro-
nounce upon a subject in which lawyers only
uro presumed to b& initiated ? tho present is
not un opportune occasion to.justify myself,
meantime Mr. Torrons's vindication will servo
as temporary apology, for my feeble attempts.
I cannot refrain, however, from observing that,
correctly speaking,, the securing, of titles,
transfers, &a., &c, by public registration, is not
a branch of jurisprudence but of administra-
tion, for whiih. law..» s aro by no means
specially qualified.;: so much so, that in tho
German Universities, studonts qualifying
for administrative employment havo to
attend more particularly to the lectures on
what they term "Kammeral Wissenschaften,""
which include several branches of political
economy, and especially administrativo. ac-
counts and finance. Any proficient book-
keeper or accountant is moro likely to make a
good conservator- of "titles and hypothecs than "
a Nisi-prius, oiveven Chancery lawyer.
Mr. Torrens has, in his arguments, hyne
moans exhausted the benefits which tho sys-
tem ho has introduced is calculated to confer
upon every member of the community ; tho
impulse'which it will givo to all enterprises of
an industrial description is immense, and oven
far excedds- the valuo of the mero saving of
oxponse. I may furthor illustrate this, when
the time arrives that something can be effected
in this colony it will in no wise detract from
tho appreciation of Mr. Torrens* measuro,
when I venturo to oxpross my opinion, that
his Act is susooptiblo to somo amentlmonts ;
indeed, he. Mr. T., has anticipated and almost
invited such in his spoeoh on tho second road
ing- of the bill, and at tho conclusion of that on
tho third reading; but-he hasKliko others in
othor plitce3, found objeotors, but not parties
willing or ablo to amond, improve or perfect a
measure of such vital itnportonoe for tho well-
being and progress of young., and rising com-
munities. _
It would bo ungracious, on my part if^ Ii
woro, at this timo and from this place and in,
ignorance of considerations, which may havo.
influenced Mr. Torrens», offer tho amendments,
which have occurred to, mo, but whonovor.-a
similar measuro shall bo Introduced in our
Legislature I hopo tos bo ablo to nfford'somo
assistance to facilitate.tho practical working of
it, and thoroby to extend tho sphero of its
usofttlnoss.
No Amonded îijind Saids Act will afford tho
required roltef if unaccompanied by a similar
Reformed ïtoal Proporty Act. ,Tho attention of
all true roformjors should thoreloro bo direotod
towards it, so that it may be brought forward
carly in tlmnoxt Parliament, to which it is to
be hoped that tho constituencies will eond,
fowor obstructionists than exhibit thoir pecu-
liar talonts da'dv in our prosont Assembly.
.TOtlN N. HKir.^
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