The Sun.
London, England, 1846-12-11 00:00:00

of those repeated investigations would be most
beneficial to all parties interested, or in any manner
concerned in that description of property. It hal
been suggested that by a system of insurance this
great object might partially be attained, and the com-
mittee were therefore requested to consider" whether,
in connexion with a general register, the principle of
insurance of titles might not be introduced."
Their report on this important reference was read
to the meeting. It is an elaborate and able document,
and entitles the committee to the marked thanks of
the Society and of the public generally. It was
stated by Mr. STEWART, in proposing its reception,
that its consideration and preparation had occupied
about three years, and that it was not desired that
the Society should at once adopt it, but only that they
should receive it, and give it their serious and candid

consideration.
The report sets out by stating that " the opinion of
a competent conveyancer as to the safety of a title is
a satisfactory test of its validity; that lands are
purchased and money advanced on the faith of these
opinions, and that it is very rarely indcerl that the
title to the lands is afterwards invaNated." It then►
takes up the question as to the necessity of a second
investigation extending over the same ground, and
whether up to the time at which such investigation
took place the title might not be insured, the only
risk being, when the title was pronounced a good one,
the fallibility of that opinion. The subject is then
divided into three classes of titles, to which is is con-
ceived the principle of insurance might be extended,
viz.:-Ist, Those titles which now pass current as
good titles both at law and equity; 2d, Titles which,
although considered good holding titles, are technically
unmarketable ; and, 3d, Titles subject to some specific
defect, greater or less in extent, according to the
particular circumstances of the case.
In the first class of those titles a very great facility,
and a diminution of the expense of future transfers,
would be attained by the fact that it would be suffi-
cient to take up the examination from the period at
which it was so exa►nined and ascertained by counsel
to be a good title ; and the opinion of Sir EDWARD
SVGDEN is quoted, who says, " that the present
expense in regard to titles is, in 49 cases out of 50,
superfluous; but, as every one may be in danger, all
are guarded against it." The risk in such a case
would be very trifling indeed. If we consider the
small proportion of cases in which titles pronounced
to be satisfactory have subsequently been disturbed,
it will readily be conceived that a very moderate pre-
mium would be amply sufficient to remunerate the
parties insuring. Every day, too, as the report states,
" would diminish the risk, until it vanished altogether,
so soon as a good title under the present Statute of
Limitations was gained by the purchaser or mort-
gagee, and all persons claiming under him."
The committee suppose that either the State or a
public company would be willing to undertake this
risk, and suggest that, in the latter case, "it would
be more for the interest of the public to distribute the
business among such of the principal insurance offices
already established as would be willing to under-
,ake it."

They consider the steps that might be taken in the
event of a company undertaking the risk. The person
wishing to dispose of, or encumber his property,
would have to make out his title to the satisfaction of
the insurer. The abstract of title should be sent to a
conveyancer, selected by the office, in place of one
selected by the purchaser. If that conyeyancer ap-
proved of the title, a certificate would be given by
the office that might be dealt with at any time after-
wards, without any further inquiry as to the title
Previous to that date. In fact, it would form a new
st.trting point from which any subsequent deduction
of title might originate. The purchaser would be
spared the expense and delay of investigating the
portion of the title that had been insured.
The expense of the investigation would, in the
first instance, fall on the vendor; but as the
purchaser, and those deriving under him,
would be freed from all expense as to title, and would
have a better and more marketable title, easily avail-
able for future sale or mortgage, it might fairly be
presumed that a larger price could be obtained, which
would more than indemnify the vendor for the in-
creased cost. It would also be peculiarly advan-
tageous in cases where trustees were either the ven-
dors or purchasers.
The committee consider that the second and third
classes might also be insured at a higher rate of
premium commensurate to the greater risk that
would be incurred. To these classes the principle of
insurance would be highly beneficial. After com-
batting and disposing of several objections that might
possibly be taken to the system, the committee state
their opinion, " That the plan for the insurance of
titles to real property is well deserving of serious
consideration, as the suggestion of a principle, and
that it seems capable of being employed either in
connexion with a registry or without it. But
if a registry were established, it would greatly
facilitate it." They think that a well-arranged
system of insurance might make the benefit
of the register immediate, in place of its
being deferred for twenty years, or that, if retrospec-
tive titles be an evil necessarily consequent on the
existing state of English society, it might be alle-
viated by shortening the period of inquiry. They
think that in order to carry out the plan properly
legislative assistance would be necessary, but that it
would not be withheld under proper restrictions, and
they conclude by a summary of the great benefits
that would be thereby attained as follows :
" The plan proposed would set free and bring into the
market a great mass of property, which might be imme-
diately dealt with either for sale or mortgage, and a fund
to provide against loss would thus speedily be raised.
Neither should it be forgotten that the plan particularly
facilitates the transfer of small freeholds, which, under
the present system, are nearly unmarketable if a rigid
investigation of title takes place."
These are advantages that must be obvious to the
meanest capacity, and if they can be realised (and the
high character of the gentlemen by whom the plan
has been recommended give the fairest hopes that it
' is practicable), a valuable change will be effected in a
b matter of universal interest, in which it is admitted
that extensive reformation is required.
he As.

A letter from Bale, of December 5, says—

" The Ambassadors of Russia, Prussia, Austria, and
Bavaria, have transferred their residence from Berne to
Zurich. In announcing this resolution some tune back,
they declared it was caused by the state of anarchy into
which the canton of Berne was thrown. The Zurich
journals announce that M. de Bois-le-Comte, the French
Ambassador, is also to fix his residence in that
town. The success which the Conservative party of
Bide has just obtained in the election, leads to the
expectation that the revolution of October will only
end in moderate constitutional reform. The purchases
of arms and ammunition lately made by the Govern-
ment of Lucerne, in consequence of the extraordinary
credit voted by the Grand Council, are estimated at
190,000 F. The elections of the Grand Council at Berne
are nearly terminated, and show a certain change in
public opinion, although the majority is still radical.
Out of 36 nominations, 23 belong to that party. There
was lately a radical congress at Mouthey (Lower
Valais). A manifesto was there drawn up and addressed
as a circular to the several cantons, protesting against
the Catholic alliance of which Valais forms a part."

We find the following in a letter from Berlin of the
id inst.:—

" The deputations from Silesia, charged by the manu-
facturers of that province to point out to the King the
serious injury which they will suffer from the incor-
poration of Cracow with the Austrian States have been
most graciously received by his Majesty. • It is certain
that our Government will take steps to obtain the main-
tenance of Art. 8 of the convention of Nov.s, 1815, which
stipulates for the preservation of the status quo in all
matters connected with the Castom-house. If those
steps produce the desired result no line of custom-houses
will close the Cracorian territory to the products of On
neighbouring statel, and the complaints of the Silesia.,
manufacturers will thus he redress: ."

Madrid papers of the 2d have arrive 1.
It is said that serious divisions have taken place in
the Cabinet in consequence of the intrigues of Senor
MON to secure for himself the Presidency of the.
Council. MoN is supported by PIDAL and ARMFRO.
ISTURITZ by CANEJA. and SANZ. Don ENRIQUE, it
is said, is to be married to a Neapolitan Princess.
and to be appointed to a high command in the navy,
as a reward fcr his treachery.
Baron RENDUFFE, the Portuguese Ambassador,
had his last audience of the QUEEN on the Ist.

The following extract from a Madrid letter gives
some further account of the fire at the War-office :
" It commenced in the archives of the Minister of
War, and, spreading with fearful rapidity, soon de-,
stroyed the buildings occupied by thosa offices, and
communicated to the portion of the edifice now USCG
for the sittings of the Council of State. The archives
and valuable furniture have been totally destroyed. The
silver inkstands and the cash-box of the Minister of