Page images

time, vol. i., c. 3, Park, Marshall, and Arnould. The latter, while admitting that a rule prevailed, of giving indemnity for loss sustained at sea, state that this partook merely of the nature of a bounty, given by the Roman Government under Claudius to induce merchants to embark their cargoes, in order to secure a supply of provisions, and that it bore little or no analogy to our Contract of Insurance.

But when we remember the great commerce of Tyre, Carthage, of Asia Minor, of Rhodes and Alexandria, it seems improbable that Greece and Rome were unacquainted with the system of Insurance.

It seems first to have been introduced into England by the Lombards, about the thirteenth century. The Lombards were a people distinguished for their commercial enterprise, and for the extent of their foreign connections, which they established wherever they could obtain a footing, and circumstances offered opportunity of success to their trade.

Since that time Insurance has grown and extended itself so advantageously in this country, that it is now recognised as among the most useful and beneficent of institutions, providing in an eminent degree against disaster, and the common calamities to which all are more or less exposed. It is no longer confined to Marine, Fire, and Life Insurance; for there are the Passengers' Accident Assurance Company, the Accidental Death Insurance, the Diseased Life Insurance,

the Medical Invalid Insurance Company, and a host of others, too numerous to name.

The Author ought, perhaps, to apologize for entering on a work on the Law of Insurance, where that subject has been so ably written upon by so many learned treatises in England; and it is not without a due sense of this that he has done so; but his object has been merely to present a Compendium or Epitome of that law, bringing down the cases to the latest date.

With no pretensions to the detail or learning of these treatises, this work will be found to rest its claim to consideration on the accuracy and care with which it professes to condense the subject into the form of a Compendium.

Under each chapter or branch of the law, will be found treated—1st, Marine Insurance; 2d, Fire Insurance; and 3d, Life Insurance. ;

For example, under the heads, Concealment of Material Circumstances, or Misrepresentation, these three branches of the Law of Insurance will be consecutively and separately treated, and so on throughout.



[merged small][merged small][ocr errors][merged small][merged small]


Alien Enemies cannot Insure,
Aliens may Insure,
Definition of term Alien,
Although an Alien may Insure, yet this will be voided if war

breaks out between his country and Great Britain,
Exception of Aliens' right to Insure,
They cannot be Part Owner of a British Ship,
Where a British Ship is sold to an Alien, she ceases to be a

British Ship,
Aliens may obtain Letters of Denization or Naturalization,
When a British Subject may be considered an Alien Enemy,

Licenses to Trade with the Enemy,
It must exist, or be understood to exist, as an Insurable

Subject, .
It must be named in the Policy,
The Insured must either be Owner, or have some pecuniary

or beneficial interest in, or profit to be derived from it,
In Fire Insurance, the Interest must exist at the time of

Insurance, and at the time of the Loss,
This not the Rule in Marine Insurance,
Wages of Seamen cannot be Insured,
There may be Insurance on Premium,
Depositaries, Carriers, or Warehousemen have an Insurable

Insurances which are Illegal,
Insurances not Illegal,

5 6


7 7 7 7

8 9 10



Definition of Contract,
Is constituted by Stamped Policy,
Policy sets forth the Subject Insured by Name,
In Marine Insurance, it also sets forth the Name of the Vessel,
Also the Captain's Name,
And the Voyage, with its commencing and terminating

10 10 10 11 11


point, Insertion of the Parties' Names for whose Benefit,


« EelmineJätka »