positively negative the warranty
of neutrality, or condemn the
vessel as enemy's property, it
will not be conclusive, 119.
FOREIGN ENLISTMENT ACT, 117.
FOREIGN SHIPS.-The Act 19 Geo.
II., c. 37, prohibiting insurances,
"interest or no interest," does
not extend to foreign ships, 37;
but the clause in the Act against
reinsurance does extend to
foreign vessels, 182.

FORT. The governor of a fort may
insure it against capture, 10, 52,
56.
FRAUD. If fraud is the inducing
motive to the insurance, with
the view of deriving benefit
through that fraudulent scheme,
this will annul the policy, 37.
FREIGHT.-Insurance as on freight
by owners, 10.-Insurable in-
terest in, 28.-Risk begins and
ends, 62.-Effect of abandon-
ment on freight, 161.-Not ne-
cessary to abandon in a separate
insurance on freight, 156.

GENERAL AVERAGE.-This is a loss
necessitated by the perils of the
sea, whereby part of the cargo
or ship, or the ship's tackling,
masts, rigging, anchors, are sac-
rificed for the general benefit in
order to ease the ship when in
danger, 148. Goods thrown
overboard for the general safety
must be done deliberately, and
after the master has consulted
with the ship's crew, 149.-
Things thrown overboard are said
to be jettisoned, and for the loss
so occasioned all interested in the
voyage must contribute, 149.-
The ship contributes, deducting
stores; freight contributes, de-
ducting seamen's wages and petty
average, 150.-A loss sustained
by the insured in such a contribu-
tion is a loss claimable from the
underwriters, 150.—In the mean-
ing of the warranty clause, the

underwriters will not be liable
for partial loss; but where it is a
loss of the nature of general aver-
age, they will be liable, 150.—
They will be liable under the
memorandum clause also, where
the ship has been stranded, 151.

HEALTH, WARRANTY OF, in life in-
surance.-Vide Life Insurance.

ILLEGAL VOYAGES.—Insurances ille-
gal, 9.

INDIA (WEST) DOCKS.-The West
India Dock Co. may insure all
the ships in the docks, 9. Vide
Insurable Interest.
INSURANCE. - Definition of con-
tract. Blackstone's definition, 10;
Valin's definition, 11; Grotius'
definition, 11.-Constitution of
contract. Stamped policy neces-
sary, 11; other requisites of the
policy, 11, 18. The policy sets
forth the contract between the
parties, the subject insured, as
of a house, etc., ship, cargo, or
freight. In marine insurance,
the name of the vessel, the cap-
tain's name, and the voyage, de-
scribed by its terminus a quo
and terminus ad quem, the pre-
miums and conditions of the con-
tract, 11.-The insertion of the
parties' names for whose benefit
the policy is effected, 11.-The
true name of the vessel must
appear, 12.-Effect of preparatory
agreement for an insurance, 12.-
Preparatory agreement for a po-
licy will be good to entitle the
party to insist on delivery of a
stamped policy, or for damages,
13; but it cannot be received in
evidence as against the written
policy, 14; fixing and payment
of premium, 15, 17. The
stamped policy is the only legal
proof of the contract, 18, 19.-
Clauses peculiar to marine policy,
19.-Clause, "lost or not lost,'
19.-Clause, "for and in name of

ance.

In this there is a division
of the burden of a loss when it
occurs, each office paying only a
proportion, 189.

INSURABLE INTEREST.-Vide Inter-
est.

INSURANCE BROKER.-Vide Broker.
INSURANCE AGAINST FIRE.- Vide

Fire Insurance.
INSURANCE UPON LIVES.-Vide Life
Insurance.

INTEREST (insurable).—In fire in-
surance there must be an interest
in the subject, both at the time
of insuring and at the time of the
loss, 27. This rule does not apply
to marine insurance, 27.-It is
enough that the insured have an
interest at the time of commence-
ment of the risk, 28.-Even in
some forms of the policy, it will
be sufficient if the party has,
subsequent to the commencement
of the risk, acquired an inter-
est, 28.-In insurance of freight,
the interest must exist both at
the date of the policy and at the
time of the loss, 28.-Insurable
interest in profits to be earned,
29.-Lender of money on bot-
tomry and respondentia has in-
surable interest, 29.-So also has
consignee of goods, 30.-So also
mortgagor and mortgagee, 30.-
So also has a creditor in the goods
assigned in security of his debt,
30. So also has a trustee, 30.-
Vendors and vendees, shipowners
and charterers, captors and prize
agents, have an insurable in-
terest, 30. There is an in-
surable interest on salvage aris-
ing on recapture of a vessel,
30.-The captain has an insurable
interest in advances made by in-
structions of owners, 31.-He has

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no insurable interest in wages,
31.-Nor have seamen, 31.-The
captain may insure his effects,
31.-Where a vessel is conveyed
ex facie of the vendition abso-
lutely, but in reality as a security
for debt, he has still an insurable
interest, 31. Carriers, ware-
housemen, depositaries, dock com-
panys, have an insurable interest,
32, 33.-A party who has a lien
has an insurable interest, 34.-
Life Insurance. A creditor has
an insurable interest in life
of his debtor, 34.-A father has
no insurable interest in the life
of his son, 35.-Nor a son any
insurable interest in the life of
his father, 36.-A husband has
an insurable interest in the life
of his wife, 36.-The wife has
also an insurable interest in the
life of her husband, 36.—Insur-
ances, interest or no interest, are
prohibited by 19 Geo. II., c. 37,
as wagering contracts, 36.-Fire
Insurance, 7, 39.-Both the land-
lord and tenant in an agricul-
tural lease, or in the lease of an
urban tenement, have an insur-
able interest, 39.-Wager policies
are prohibited, vide 33, 36.

JETTISON.-Vide General Average.

LAW OF NATIONS in regard to belli-
gerents and neutrals defined, 109
et seq.-What neutrals must ob-
serve, 114.
LIBERTY to touch, stay, and trade.

-Vide Deviation, 123, 125 et seq.
LIEN, when it is insurable interest,
30.-Lien of underwriters, 185.-
General lien of insurance broker,
185.

LIGHTERS.-When the loss of goods
put into lighters will be covered
by the insurance, 62.
LIFE INSURANCE.-Vide Insurable
Interest; vide Risk covered by the
policy. Construction of clauses
of permission to go abroad, 57.—

Concealment in life insurance va-
cates the policy, 78.-Materiality
of what is concealed, 80.—Admis-
sibility of brokers to speak to
materiality, 82.-Distinction be-
tween concealment or misrepre-
sentation of facts material to
the risk, and the warranty of
certain facts which may or may
not be material, 82.-The facts
warranted must be true, whether
material or not material, 82.-
Misrepresentation of facts as to
health vacates the policy, 89.-
Misrepresentation as to ordinary
medical attendant, 93 et seq.
Loss.- Various kinds, 134.-Abso-
lute total loss does not necessarily
infer an absolute total destruc-
tion, 135.-It is still an absolute
total loss where the subject exists
in part, 135. Constructive total loss
is where the vessel is so damaged
that she cannot be repaired except
at a cost which would exceed her
value after she is so repaired,
138.-Illustrations, 140 et seq.
General average loss, vide General
Average. Partial loss is different
from constructive total loss, 152.
—It in a general sense just means
an average loss, 152.-Cases,

153.

MEMORANDUM

OR WARRANTY
CLAUSE.-Nature of this clause,
21. The effect of it is to exempt
the underwriters from partial
loss in such things-as corn, fish,
salt, fruit, flower, seeds, sugar,
tobacco, etc., etc.-as are of a
perishable nature, and easily da-
maged by sea water, 21.
MISREPRESENTATION.-Misrepresen-
tation differs from concealment,
83.-In misrepresentation there
is allegatio falsi; in concealment
there is suppressio veri, 83; but
dissimulatio to some extent the
foundation of both, 83.-Misre-
presentation will void the policy
whether it originate in allegatio

falsi or in innocent mistake, 84.-
Misstatement of facts, if material
to the risk, will vitiate the policy,
84; but an express warranty re-
lative to the condition of the
subject insured must be true,
whether it is material to the risk
or not, 85.-Misrepresentation as
to the condition of the vessel in-
sured, 85.-Misrepresentation as
to her character, nationality, and
time of sailing, 86, 87.
MISSING SHIP.-When presumed to
be lost, concealment that she is
overdue will vacate the policy, 75.

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NAME.-The party's name interested
in the policy must be inserted, 11.
-Also those of the ship and mas-
ter, 11.
NECESSITY.-Vide Deviation.
NEGLIGENCE.
Broker.
NEUTRALS.-A person is a neutral
who is either domiciled, born, or
settled in a state different from
the two nations that are at war,
109 et seq.-It will not make a
belligerent ship a neutral by
transferring her to a neutral, if
this is done merely to enable
the latter to trade with the
enemy, 110; but where a Bri-
tish ship is purchased by an
alien, she will become thenceforth
a ship belonging to the country
of which the alien is a native,
110.-Who are to be deemed neu-
trals, and who alien enemies, 110
et seq.; Paris Declaration as to
rights of neutrals and belligerents,
111.-America did not agree to the
Paris Declaration, 111.-By that
declaration merchant ships and
cargo belonging to belligerent
states are liable to capture, sail-
ing under a belligerent flag, but
enemy's property is protected
under a neutral flag, 111.-The
right to search for and seize, where
the neutral carries contraband of
war, still obtains, 111.- What

Vide Insurance

P

neutrals must observe, 114;
they must not carry contraband
of war, 115; they must not break
a blockade, and they are only
entitled to carry on trade with
the enemy subject to these con-
ditions, 115.-Neutrals will for-
feit their neutrality if they allow
prizes taken by one of the bel-
ligerents into their ports, 115.—
What is contraband of war, 116.
-To allow enlistment of soldiers
in a neutral territory for either
belligerent state will be a viola-
tion of neutrality, 116.-The neu-
tral waters and territory cannot
be infringed or violated, 117.-
Warranty of neutrality, 104, 108.
-Foreign decree negativing war-
ranty of neutrality, 118.

OPEN POLICY.-Vide Valued Policy.

PAROLE AGREEMENT cannot control
written policy. Vide Insurance
and Policy.

POLICY.-The policy of insurance
must be stamped, 10, 11, 12, 18.—
Requisites of policy, 10, 11, 12,

18.

-

- A preparatory agreement
for an insurance cannot be re-
ceived in evidence to contradict
the policy, 14.-Clauses which the
policy sets forth, vide Insurance.
PREMIUM.-Fixing of premium, 15.
-Payment of ditto, 17, 175; pre-
sumed to be paid, 17, 175.-Days
of grace, 175; loss happening
within these or beyond them, 175.
-Premium, in what cases return-
able, 179.-Bankruptcy of under-
writers, its effect on premium,
182. As between insured and
underwriter, the premium is pre-
sumed to be paid, 183.-Lien
for general balance, and lien for
premium, 185 et seq.-No return
of premium after inception of
risk, 180; but where the policy
is void for want of interest, for
fraudulent concealment, or mis-
representation, or by deviation

or alteration of the voyage, it is
returnable, 179 et seq.

-

RE-INSURANCE. The statute 19
Geo. II., c. 37, prohibits re-in-
surance, with this exception, that
if the assurer become bankrupt
or die, it is competent to re-in-
sure, 187 et seq.-Double insur-
ance is different from re-insur-
ance, and is not illegal, 189; but
when a loss occurs, each office is
only liable in a proportion of
the loss, 189.

RETURN OF PREMIUM.-Vide Pre-
mium.

RISKS COVERED BY THE POLICY.—
In marine insurance, it covers
perils of the sea, 40; what these
are, 40.—It covers loss by fire,
40.-Also barratry, 43.—What is
barratry, 43.-It covers fault, 44;
Qualification of doctrine of fault,
48.-It covers loss by death of
animals on board, 51.-It covers
capture, 52.-It covers damage
done by collision to the vessel in-
sured, but not damages done to
the other vessel, or loss of life in
her, without a special clause, 52
et seq.-It does not cover, in the
ordinary case, loss of deck cargo,
54.-Life risks short of death,
60; Insurance for accidents and
injuries, 60. When the risk
begins and ends in marine insur-
ance, 61. Endurance of risk
after arrival, 66.

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