ABANDONMENT, nature of, 155.Where there is an absolute total loss, not now necessary to abandon, 155. It is necessary in cases of constructive total loss, 156.-It is not necessary where the loss is partial, 156; in such cases there is no place for abandonment, 156.— It is not necessary in insurances on freight, 156.-Where it is a constructive total loss, the abandonment must be made as soon as the insured receives information of the loss, 157.-There must be no unreasonable delay in intimating the abandonment to the underwriters, 157.-This abandonment may be recalled before accepted of by them, 157; but once accepted, it is irrevocable, 157. This abandonment may be either in writing or by parole, 157.-In its terms it must be absolute and unconditional, 158; and he who abandons must be owner of the property at risk, 158.-The abandonment, when accepted of by the underwriters, operates as a complete transfer of the subject abandoned, with right to all its incidents and accessories, 158.-The notice of abandonment ought to be explicit and unambiguous, 158; it ought to contain the word "abandon," 158.-The insured is not entitled to deal with the loss as a partial one,

and after proceeding to repair, to abandon, 159.-The abandonment being a mere offer, the underwriter is entitled either to accept or reject it, 159; but once he accepts, he cannot withdraw that acceptance, 159.-Where the insured abandons for a constructive total loss, and this is not accepted of, the underwriters may insist to settle for a partial loss, 160. Where freight is earned, there can be no abandonment as for a total loss of freight, 161.Effect of abandonment of ship on freight, 161; it transfers the right to freight, where that has been earned, to the underwriters, 162; but where there is a separate insurance on freight, this will not be a loss entitling the insured to recover from the underwriters on freight, 162.-Deductions from freight, when so earned, 162.-Exceptions to the rule, that freight when earned goes to the underwriters of a vessel abandoned as lost, 163. ADJUSTMENT OF LOSSES.-Effect of adjustment note of loss, 172.-An adjustment note of the loss endorsed on the policy is not entirely conclusive against underwriter, 172; it amounts to an admission or promise to pay, but this may be overcome by proof that he was ignorant, at the time

he signed it, of circumstances
which entirely annulled the po-
licy, 172. Vide Loss, how esti-
mated.

AGENT.-Prize agents have an in-
surable interest, 30.-If agents,
instructed to insure, neglect to do
so, they will be liable, 191.-They
will also be liable if they do not
insure conformably to their ex-
press instructions, 191.
ALIEN.-Alien enemies cannot in-
sure, 1.-An alien may insure, 1.
Definition of alien, 2.-An alien,
if he have any shares in a British
ship, cannot insure these, 2.-An
alien cannot hold property in a
British ship, 2.-When a British
ship is purchased by an alien, it
becomes a ship of the nation of
which the alien is a native, 3.-
Aliens, however, under 17 and
18 Vict., c. 104, sec. 18, if resi-
dent in Her Majesty's dominions,
or members of a British factory,
or partners in a house carrying
on business in the United King-
dom or in the Colonies, may ob-
tain letters of denization or na-
turalization, and thereby become
naturalized subjects, and as such
may be owners of a British vessel,
3. In the case of transmission of
a British vessel, or share in her, to
an alien, by death, bankruptcy, or
marriage, or deed, the alien may
obtain liberty to sell his interest, 3.
-Aliens may insure their ships
not British, 4.—A British subject
who resides in an enemy's coun-
try, and carries on trade there,
will be an alien enemy, 4.-But
a license granted to a British sub-
ject will protect a trading with
the enemy, 4. Vide Neutrals and
Alien Enemies.
ALIEN ENEMY.-Alien enemies can-
not insure, 1.-Who are neutrals
and alien enemies, 109.-He is a
neutral who is either domiciled or
born in a different state from the
two belligerent powers, 109.-A

party born in one of the bellige-
rent States will be an alien enemy
if he is settled and resident in
the enemy's country with which
that State is at war, 109; if a
party leaves the belligerent State
after the breaking out of the war,
for the express purpose of carry-
ing on trade, as a neutral, with
the belligerent States, he will
still be deemed an alien enemy,
199 It will not make an alien
enemy's ship a neutral ship by
transferring her to a neutral, in
order to allow him to carry on
trade with the enemy, 110.-
Where a British ship is purchased
by an alien, she will cease to be
a British ship, 110.-An Eng-
lishman residing and trading in
Holland, supposing England to
be at war with that country, will
be just as much a Dutch merchant
as a Swede or a Dane, and his
property will be liable to seizure
as enemy's property, 110.-At one
time the goods of a neutral or
ally, though carried in an enemy's
ship, were free, although the ship
itself was liable to capture, 110.-
Also, enemy's goods carried in a
neutral vessel, were lawful prize,
110.-Now, by the Paris Decla-
ration, enemy's goods in neu-
tral ships are not liable to cap-
ture, 111.-The status or domicile
of the party at the time of effect-
ing the insurance is the governing
rule in fixing whether he is an
alien enemy or a neutral, 112;
but, in general, by the change of
his domicile, the character also of
his property is changed, 112.—
This is a general principle in the
Law of Nations, as exemplified
by Grotius, 113.-A mere repre-
sentation of neutrality will not
be enough, 113; there must be a
warranty of neutrality before the
underwriters are entitled to re-
fuse payment, 114. Vide Neutrals
for what neutrals must observe.

ALTERATION OF VOYAGE, without
consent of underwriters, vacates
the policy, 127.-Distinction be-
tween change or alteration of the
voyage, and deviation from the
due course of it, 127.—Change or
alteration of the voyage occurs
not only when the original place
of destination is changed for an-
other place, but also where the
risk itself is altered by some new
emerging circumstances which
affect that risk, 128.—It is an al-
teration, if the vessel is insured
for one port, and she sails for an-
other, 128; but if the vessel is
forced to change her voyage to
avoid the enemy or other peril of
the sea, the policy will not be
vacated, 129. Mere intention
to change will not be enough-
there must be an actual alteration,
129.-Mistake in construing the
liberty to call at a port in the
voyage will be an alteration of it,

129.

-

ALTERATION OF POLICY.-The risk
is altered by alteration of the po-
licy itself, 129.-If this is done
without consent of, or notice to
the underwriters, the policy will
be void, 129; but the policy may
be altered with the concurrence
of the underwriters and attention
to certain requisites. It can-
not be altered in the subject-
matter insured, as, for example,
from "ship and outfit" to "ship
and goods," after the risk has
commenced, without getting the
policy restamped, 130.-The time
of sailing may be altered, 130;
and less important alterations
will not vitiate the policy, 130.
ALTERATION OF SUBJECT.-In fire
insurance, the subject insured
must not be altered in its struc-
ture without notice to, and con-
sent of, the insurance company,
131.-If their consent is not ob-
tained, and the alteration really
increases the risk, the policy will

be void, 131.-If the alteration
does not increase the risk, the
policy will not be void, 131.
ANIMALS (DEATH OF).-This is a
peril covered by the marine po-
licy, 51.

--

ARREST OF PRINCES.—This is a risk
covered by the marine policy.
Vide Risk; vide also Constructive
Total Loss, 145.
ARRIVAL.-Vide Risk, Commence-
ment and Termination of.
ASSIGNMENT, OF.-The policy in fire
insurance is not assignable, 27.
-Marine insurances do not pass
with the conveyance or trans-
ference of the subject insured-
they are personal contracts, and
give indemnity only to the party
originally insured, 189. With
the exception of an insurance on
freight, the transference of the
ship during the currency of the
voyage insured will not pass the
right to the benefit of the policy,
189; the policy must be assigned
by deed of assignment, 189.-The
marine policy, however, is assign-
able, by the law of England, by
simple delivery of the policy, 190;
and also by assignation, 190.-By
the law of Scotland, it can only
be transferred by assignation,
190. The assignation must be
intimated to the insurance, 190.
AT AND FROM, 61.- Vide also Risk,
when it begins and ends.
AVERAGE LOSS (GENERAL).-Vide
"General Average Loss" by
average contribution.

-

bond has an insurable interest,
29.
BRITISH SUBJECT. — In what cir-
cumstances he becomes the sub-
ject of a foreign State, vide
"Neutrals" and "Alien Ene-
mies."

BROKER (INSURANCE).—If a party
instructs an insurance broker to
insure, without mentioning that
he acts as agent for another, he
will be entitled to a lien for a
general balance, 186; but not so
if he is apprised of the character
in which the party acts-in that
case, he will only be entitled to a
lien for the premium due, 185.—
Insurance brokers are liable if
they neglect to insure conform to
their instructions, 191; so will
agents, 191; in such cases, the
written instructions given will
form the rule, 192.

CAPTAIN.-He may insure his effects
on board, 31.-He has an insur-
able interest for advances made in
a foreign port, where he has been
instructed to make these, and
charge them against freight, 31;
but he has no insurable interest
in wages, 31.-His ignorance not
a peril of the sea, 43, 121.-An
insurance on money lent to the
captain of the vessel is illegal,
9, 10.

CAPTURE, LOSS BY.-Vide Risk cov-
ered by the policy, 40, 52. Cap-
tors have an insurable interest in
the prize taken.-Also the officers
have such on recapture, 30.-Loss
by capture is covered by the po-
licy, 139, 145.

CARRIERS have an insurable interest
both by sea and land, 8.-They
are liable if they neglect instruc-
tions to insure, 194.
CHANGING RISK.-Vide "Alteration
of Voyage" and "Alteration of
Policy."

COLLISION.-The ordinary forms of
the policy will cover damage sus-

tained by the vessel insured
through collision with another
vessel, 53.-It will not cover the
damage done to that other vessel,
which she may be bound to pay
to the owners thereof, 53.—It
will not cover loss of life on board
the other vessel occasioned by the
collision, and which they have
been obliged to pay, without an
express clause, 52, 53.
CONCEALMENT.-No distinction be-
tween wilful concealment of facts
material to the risk and non-
communication of such facts by
mere mistake or neglect; in both
cases the policy is void, 69.-This
doctrine confirmed by Lord Lynd-
hurst, 70. The law does not
require the communication of
every circumstance in regard to
the subject or voyage insured,
70.-Concealment of facts not
material to the risk will not void
the policy, 70.-Concealment of
what is mere matter of expecta-
tion or surmise will not void the
policy, 70.-Not necessary to com-
municate what the underwriters
ought to know, 71.-Nor matters
of public notoriety, 71.-Nor con-
cealment of circumstances which
are sanctioned by custom or usage
in certain shipping trades, 71.-
Letters of advice directly affecting
the risk must not be concealed, 71.
-Concealment which will void
the policy, 72 et seq.-Conceal-
ment of a report of the capture of
the vessel will vacate the policy,
75.-If it is concealed that the
vessel is overdue and a missing
ship, that will void the policy, 75
et seq.-Where the true object or
destination of the voyage is con-
cealed, that will void the policy,
76.-Concealment that the ship
was a prize, and was to make a
running voyage, will void the po-
licy, 77.-So also will conceal-
ment as to time of sailing, 77.—
Mistake in the name of the vessel

insured will void the policy,
77.-Concealment or non-com-
munication of the previous his-
tory of the vessel will not void
the policy, 77.-Concealment of
the name of the insured will void
it, 77.—In Life Insurance, the
same strictness is observed. The
non-communication of the fact
that the person was addicted to
the use of opium or laudanum
will be concealment, 78.-Con-
cealment that there was a surgeon
attending the party, whose visits
had been numerous at the time
the insurance was effected-hav-
ing been bled four times and also
blistered-this annulled the po-
licy, 78.-If during the arrange-
ments for insurance on life there
is a material change on the health
of the individual, this must be
communicated, 78.-The declara-
tion as to health must be true, 78.
-If the disease be latent, or if it
be unknown to the insured, or
not made manifest by well-known
symptoms, and, in short, if the
insured have complaints but does
not believe them to be diseases
tending to shorten life, conceal-
ment of these will not vacate the
policy, 79; but a party is bound
to make a full disclosure as to his
health, whatever the disease may
be, 79.-Concealment of facts
not material, 80.-Materiality of
facts concealed, 80.-Opinion of
brokers and underwriters on this
subject inadmissible, 80.-Where,
however, it is a question, not of
opinion, but of science or skill,
it is competent to adduce such
persons to speak to the mate-
riality of what has been con-
cealed, 80.-Admissibility of in-
surance brokers to give evidence
on materiality still a disputed
point, 81.-Difference between
concealment or misrepresentation
of facts material to the risk, and
the warranty of certain facts

OF.-

which may or may not be mate-
rial, 82.
CONDEMNATION, SENTENCE
Vide Warranty of Neutrality.
CONSIGNEE; has an insurable inter-
est, 30.

CONTINUANCE OF RISK.-Vide Com-

mencement and Termination of
Risk, 61, 67.

CONTRABAND OF WAR.-Vide Neu-
trals and Alien Enemies, 111,
115.

CORN.- Vide Memorandum or War-
ranty Clause, 21.

COURTS (Foreign), their sentences.

-Vide "Foreign Decree."
CRUISING in quest of prizes without
authority is barratry, 44.

DEATH.-When death will be pre-
sumed, 60.

DECLARATION in life policies and
fire policies must be true.-Vide
Concealment, 69 et seq.; Misre-
presentation, 83 et seq.
DELAY in the voyage will be a de-

viation vacating the policy, 127.
DESTINATION of the voyage must be
truly stated in the policy, 76,
128.

DEVIATION from the due course of
the voyage will annul the policy,
119. What is the due course of a
voyage, 120.-Mere intention to
deviate will not vacate the policy,
120. The deviation, when it oc-
curs, must be wilful, 120.-Acci-
dental or involuntary deviation
will not vacate the policy, 120.-
So deviation occurring by force
of storms, or by force of the
enemy, will not affect the policy,
120.-Deviation to avoid an em-
bargo, 121.-Deviation through
ignorance of the captain will
void it, 121.-It will not be a
deviation to return back to re-
pair damage, 122.-If the crew
are diminished by sickness or
death in the course of the voy-
age, a deviation will be justified
by the necessity, 122.-This is