8. In case any difference [Form 312, Clause 11].

[Add clauses 16, 17, 18 of Form 247].

Form 251.

12. No receipts for premiums are to be binding on the company except such as Receipts. may be printed and issued from the office in

the secretary.

As to boiler inspection, see 45 & 46 Vict. c. 22.

nor unless they be signed by

Sometimes the policy is framed so as to indemnify the insured against claims

for workmen damaged by any explosion.

WHAS [recital as in Form 243]. Now, &c. [as in Form 243], any Form 252. damage shall happen to the glass specified in the schedule hto, the co Plate glass. will pay or make good such damage.

THIS policy, &c. [Form 243.]

IN WITNESS, &c. [Add Schedule.]

See Marsden v. City & County Co., 1 C.P. 232, for an action on such a policy.

CONDITIONS.

1. In the event of a loss all glass is considered plain, unless otherwise Plain glass. described on the policy.

2. In the event of the breakage of any glass hereby insured the company shall Breakage. have the option of paying the value of the glass so broken less the value of the

salvage (if any), or of replacing the same with glass of a similar quality.

3. If the insured shall be entitled to recover from any other person compen- Subrogation. sation for any damage done to any glass hereby insured, he shall be bound to assign his right to sue for such compensation to the company on their settling any claim which he may be entitled to make under this policy.

4. In case of damage notice thereof must be given to the company within Notice. seven days after the occurrence, and the claimant must furnish full particulars of the damage and how and by what means the same was caused, and such particulars must, if required by the company, be verified by statutory declaration.

5. This policy does not insure against loss by breakage caused by or resulting Excepted risks. from or in consequence of fire, Queen's enemies, civil or political commotion, breakage during removal, alteration, repair of premises, or explosions.

6. In the event of any portion of the glass insured by this policy being Cesser of broken, this policy shall not cover any glass substituted for such broken glass, liability. unless such additional premium is paid in respect thereof as the company may

require.

7. In no case will the company be held liable for interruption or delay of Excepted business or damage of any kind during the time intervening between the occur- damage. rence of a breakage and the replacement.

8. Frames of every description are to be at the risk of the insured. Window Frames. fittings or other obstructions to replacement must be removed by the insured, and all salvage must be preserved, the same being the property of the company.

9. This policy of insurance will be vitiated if any alteration is made in the Alterations. within-mentioned glass or any alteration in the building, trade, or occupancy, unless notice is given to the company of said alterations and the assent and

sanction of the company recorded by the endorsement hereon.

10. If, &c. [Form 247, Clause 16.]

11. Subject, &c. [Form 247, Clause 6 altered.]

12. Arbitration.

WHAS, &C.

Avoidance.

Now, &c. [Form 243], that if, &c., any damage by hail shall happen to Form 253 the corn seed or green crops specified in the schedule hto the co will pay Hail.

Form 253. or make good to the insured all such damage [to an amount not exceed

Double insurance.

Notice of claim.

Valuer.

Separation of

damaged crop.

Avoidance.
Variations.
Rate of

ing in the whole-7.]

This policy, &c. [supra, Form 243].

IN WITNESS, &c. [Add schedule.]

CONDITIONS TO BE ENDORSED.

1. Wherever the property hereby insured is insured against hail elsewhere, notice of the fact must be given to the company, and in case of damage the company shall be liable only for a rateable proportion thereof, and unless such notice be given before the damage is sustained the company shall not be liable for such damage.

2. The insured must within four days after any damage has been done give notice thereof, &c.

3. After the requisite notice of damage is received the company will send a valuer to assess the same, and if the valuer and the insured cannot agree the difference, &c. [arbitration].

4. The insured shall, if so required by the company, keep separate and apart any crop which shall have been damaged, and when thrashed (which must be within three months after harvesting) declare the produce thereof per acre. 5. If, &c. [Form 247, Clause 16].

6. Subject, &c. [as in Form 247, Condition 14].

7. Compensation for loss will be made at the imperial averages for wheat, compensation. barley, oats, peas, beans, and rye in the London Gazette the week before the occurrence of the loss, and for all other crops and seeds at the ordinary price in the neighbourhood. Garden peas and beans will only be paid for at the average price of ordinary farming produce.

Prior damage excepted.

Form 254.

Guarantee of honesty.

Misrepresenta

tion.

8. The company is not to be liable if the crops insured have sustained any injury from hail before the proposal for the insurance was delivered.

WHAS - (hereinafter called the employed) is in or is about to be taken into the employmt of (hereinafter called the employer) in the capacity set forth in the proposal and declon hereinafter mentd: AND WHAS a proposal and declon, signed by the employed and the employer, has been delivered to the (hereinafter called the co), which proposal and declon is hby declared to be the basis of the contract contd in this policy: AND WHAS paymt of premium]: NOW THIS POLICY WITNESSETH that the co hby agrees with the employer that if at any time, &c. [Form 243, down to day of] and the employed shall remain in the uninterrupted employmt of the employer in this capacity and in the manner set forth in the sd proposal and declon, the employer shall sustain any loss by reason or in consequence of any fraud or dishonesty of the employed, the co shall pay or make good to the employer the full amount of such loss not exceeding --.: AND in conson of the premes the employed hby agrees with the co to indemnify it from all claims and demands by the employer under this policy, and all actions, costs, damages and expenses in relation thereto. This policy, &c. [as in Form 243].

IN WITNESS, &c.

[A considerable number of guarantee forms are in use, e. g., guarantee in favour of A., who has been surety for B., to secure the honesty of poor-law officers, receivers, liquidators, &c. See another form, infra, "Winding up."] 1. If, &c. [Form 241, Clause 1].

2. This policy shall remain in force only so long as the precautions and checks Form 254. for securing accuracy of account, and limiting the amount of moneys entrusted

to, or left in the hands of the employed at any one time, shall be faithfully Safeguards. and duly observed and put in practice on the part of the employer, in substantial accordance with the representations made in the said proposal and declaration.

The employer shall give notice in writing to the company of any fraudulent Notice. or dishonest act committed by the employed within ten days after the employer becomes cognisant thereof, and upon his becoming cognisant of any such act, the company shall, ipso facto, and without any notice whatever, be relieved from all liability under this policy, so far as regards the subsequent acts of the employed.

When any loss which may be sustained or incurred as aforesaid by the Surrender of employer shall have been made good and satisfied by the company, this policy policy. shall be given up to the company.

The employer, if required by the company, shall at the expense of the com- Subrogation. pany assign to the company all claims and rights of action vested in the employer against the employed in respect of any loss in respect of which the company shall admit its liability hereunder.

3. In the event of any loss or damage accruing to the employer, in respect of Notice of claim. which a claim may be made under this policy, the employer shall, within ten days after such loss or damage is discovered, give notice of such claim, with the particulars thereof so far as then ascertained, to the head office of the company, and shall also cause to be delivered as soon thereafter as the circumstances will permit a statement in writing, setting forth fully the amount and particulars of such loss or damage, and of the acts and defaults by which such loss or damage is alleged to have been occasioned, together with proper vouchers in support thereof; and in case such statement and vouchers shall not be lodged with the company within three months after the date of notice of said claim, such claim will be held to be withdrawn, and the company shall not be liable therefor, or for any future claim or demand in respect of such alleged loss or damage.

4. The employer shall also, if so required by the company, cause to be made Statutory and delivered at, or transmitted to the said office a statutory declaration, by declaration. or on behalf of the employer, of the truth of the statement above mentioned, and setting forth that the precautions and checks within referred to have been faithfully and duly observed and put in practice in substantial accordance with the representations made on behalf of the employer in the said proposal, and in default thereof the company will not be liable to make good the particular loss or damage so claimed.

5. The employer shall also cause to be afforded to the company all such Information. information and assistance as may be reasonably required for prosecuting or bringing to justice the employed for any criminal offence committed by him in his said employment, by reason or in consequence of which the company shall become chargeable under this policy, or for maintaining any action against the employed, his executors, or administrators, for reimbursing to the company any moneys which they may pay, or become liable to pay, under this policy.

6. Subject to the performance of the four preceding conditions, payment of When payment a claim will be made within three calendar months from the time of the delivery to be made.

of the statement above mentioned, or the verification thereof, if required.

7. Any salary or commission which but for the default on the part of the Salary to be employed on which the claim shall be founded would have become payable by deducted. the employer to the employed, or any other money which shall be due to the employed from the employer, shall be deducted from the amount payable under this policy.

8. The right to make a claim under the within policy will cease at the Death of expiration of three calendar months after the death of the employed. employed.

Form 254.

Limit of time.

Receipts.

Average.

Form 255.

Policy on ship.

9. The right to make a claim under the within policy in respect of any loss will cease at the expiration of six calendar months after the act or default occasioning such loss, and no claim shall be made under the policy after the expiration of three calendar months from the time when the employed shall leave the service of the employer.

10. No receipts for the renewal premium on this policy are valid but the official receipts signed by the manager or secretary of the company.

11. If any difference [reference to arbitration].

12. This policy is granted upon the express understanding or agreement that if the employed is or shall hereafter be guaranteed by any other person, society, or company against such loss as within mentioned, this company shall only be liable to pay to the employer rateably with such person, society, or company.

See the following cases :-Phillips v. Foxall, L. R. 7 Q. B. 667, employer concealing dishonesty of employed; and London Guarantee Co. v. Fearnley, 5 Ap. Cas. 911, as to construction of guarantee policy.

(a) WHAS [has] represented to the above-named co (hereinafter called the co) that [he is] interested in or duly authorised as owner, agent or otherwise to make the insurance hereinafter mentd and described with the co, and [has] promised to pay forthwith for the use of the co, at the office of the co, the sum of -7. as a premium or conson at and p. c. for such insurance.

after the rate of

(b) NOW THIS POLICY OF INSURANCE WITNESSETH that in conson of the premes and of the sd sum of 7. the co hby promises and agrees with the sd [his] exs, ads and assigns that the co will pay and make good all such losses and damages hereinafter expressed as may happen to the subject matter of this policy, and may attach to this policy in respect to the sum of --7. hby insured, which insurance is hby declared to be upon the ship or vessel called the

whereof is at present master, or whoever shall go for master of the sd ship or vessel lost or not lost at and from

(c) AND the co promises and agrees that the insurance afsd shall commence upon the sd ship as above, and shall continue until she hath moored at anchor for twenty-four hours in good safety at her place of destination.

(d) AND that it shall be lawful for the sd ship or vessel to proceed and sail to and touch and stay at any ports or places whatsoever in the course of her sd voyage [for all necessary pposes without prejudice to this insurance].

(e) AND touching the adventures and perils which the sd co is made liable unto, or is intended to be made liable unto, by this insurance, they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, arrests, restraints and detainmts of all kings, princes, and people of what nation, condition or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detrimt or damage of the afsd subject matter of this insurance, or any pt thereof.

(f) AND in case of any loss or misfortune it shall be lawful to the Form 255. insured, their factors, servants and assigns, to sue, labour and travel for, in and about the defence, safeguard and recovery of the afsd subject matter of this insurance or any pt thereof, without prejudice to this insurance, the charges whereof the co will bear in proportion to the sum hby insured AND it is expressly declared and agreed that no acts of the insurer or insured in recovering, saving or preserving the ppty insured shall be considered as a waiver or acceptance of abandonmt.

:

(g) AND it is further agreed that if the ship hby insured shall come into collision with any other ship or vessel, and the insured shall in consequence thereof become liable to pay and shall pay to the persons interested in such other ship or vessel, or in the freight thereof, or in the goods or effects on board thereof, any sum or sums of money not exceeding the value of the ship hby assured, calculated at the rate of 87. per ton on her registered tonnage, the co will pay the insured such proportion of three-fourths of the sum so paid as the sum hby insured bears to the value of the sd ship, and in cases where the liability of the ship has been contested with the consent in writing of the co, the co will also pay a like proportion of three fourth pts of the costs thereby incurred or pd, provided also that this clause shall in no case extend to any sum which the insured may become liable to pay or shall pay in respect of loss of life or personal injury to individuals from any cause whatsoever.

() AND it is declared and agreed that corn, fish, flour, salt, fruit, and seeds shall be and are warranted free from average unless general, or the ship be stranded, and that sugar, rum, hides, skins, hemp, flax, and tobacco shall be and are warranted free from average under five pounds p. c. that all other goods, also the ship and freight, shall be and are warranted free from average under three pounds p. c., unless general, or the ship be stranded, sunk, or burnt.

(i) WARRANTED free from capture, seizure, and detention, and all the consequences thereof, or any attempt thereat, and all other consequences of hostilities.

N.B. The usual deduction of one-third of the amount of repairs is not made by this co in the case of ships built within the limits of the United Kingdom, until after eighteen months from the date of the original register.

IN WITNESS, &c.

The above and the following are respectively taken from policies used by one of the leading London companies; but the clauses in use vary considerably. See “ Owen's Marine Insurance Notes and Clauses," published by Sampson Low & Co., 1883.

The Marine Insurance Co, Limtd.

WHAS, &c. [as in Form 255].

Form 256.

NOW THIS POLICY OF INSURANCE WITNESSETH that in Policy on cargo. conson of the premes and of the sd sum of —7., the co hby promises