Page:An essay on the transfer of land by registration.djvu/46

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42
THE TRANSFER OF LAND

though a great improvement on that prescribed by Lord Westbury, is yet sufficiently cumbrous to warrant the opinion of Mr. Spencer Follett, "that it could not be carried on on such a scale as would compensate for the expense." The ad valorem charges also appear excessive and deterrent.

Finally, even if free from these defects, the result of giving, nominally to the proprietor, but practically to his solicitor, the option to place land under the system, and the power to withdraw it again from that system, is in itself sufficient to ensure its failure, as has been demonstrated in the case of the Irish Act.

It would be difficult, not to say impossible, to imagine conditions more favourable for introducing the system of conveyancing by registration of titles than those which exist in Ireland.

An admirable Ordnance survey, and the subdivision of the country into town lands corresponding generally with holdings, afford the utmost facilities for describing parcels. About one-sixth of all the titles in Ireland have, within a recent period, been purged of all defects and obscurities by being passed through the alembic of the Estates Court, and the people have been taught by experience to appreciate the value of indefeasible title.

In order to avail of these advantages, an association was formed in 1863 in Dublin, headed by the late Duke of Leinster and other influential persons, for the purpose of procuring the introduction of a measure for Ireland analogous to that which had proved so beneficial in Australia; and a Bill adapting that measure to the special requirements of Ireland was prepared by me, with the valuable aid of Mr. H. D. Hutton, Mr. Denny Urlin, and other legal gentlemen, members of the association. That Bill was presented to the Lord-Lieutenant by a highly influential deputation, together with an address, from which I quote the following:—

"We feel that the insecurity, delay, and expense incident