South Australia : its history, productions, and natural resources . e regardedas so established. The first session under the new Constitution was not entirelyoccupied in sqviabbles between the two Houses, for it was dis-tinguished by the passing of the Real Property Act, one of themost sweeping and beneficial measures of law reform ever adoptedin an)^ countr3% The introducer of this scheme, as everybodyknows, was Mr. (now Sir) Robert Richard Torrens, who carried itthrough Parliament against the powerful, and, in some cases, verybitter opposition of the legal profession. The system was brieflye
South Australia : its history, productions, and natural resources . e regardedas so established. The first session under the new Constitution was not entirelyoccupied in sqviabbles between the two Houses, for it was dis-tinguished by the passing of the Real Property Act, one of themost sweeping and beneficial measures of law reform ever adoptedin an)^ countr3% The introducer of this scheme, as everybodyknows, was Mr. (now Sir) Robert Richard Torrens, who carried itthrough Parliament against the powerful, and, in some cases, verybitter opposition of the legal profession. The system was brieflyexplained by Mr. Torrens as an assimilation of the mode of trans-ferring real property to that of transferring ships, and though thisnotion was much ridiculed, experience has proved that in themajority of transactions in land the jjrocess is almost as simple asthe transferring of vessels. The fundamental principle of the Actis conveyance by registration and certificate instead of deeds. Allthe retrospect is destroyed. In bringing private lands under the I [(ilVJil. \ ITS HISTORY AND KESOUItCES. 33 Act, the title is carefully inquired into, but when the authorities ofthe Lands Titles Office are satisfied about that, a clean certificateis given, and the cumbrous deeds disappear. The title is inde-feasible, except in cases of fraud, or adverse and rightful possessionwhen the certificate or a transfer based thereupon was given. Inthe former case the title is secure in the hands of an innocent per-son, who has purchased from the holder under a certificate fraudu-lently obtained. The party wronged, under such circumstances,recovers from the assurance fund, constituted by a percentage of ahalfpenny per pound, levied on all property brought under the sum amounts to £75,919 13s. lid.; only eight claims havebeen made upon it, and only £2,229 lis. lid. paid in satisfactionof such claims. With regard to defeasibility through someonebeing in adverse and rightful possession, ordina
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Keywords: ., bookcentury1800, bookdecade1880, bookidsaustraliait, bookyear1883