a policy "with or without interest" could not be brought into Court, speculative men still calculated the value of contingencies of various kinds. A person now living informed me that he insured the peace with America for a large amount. What has been adduced will serve to indicate the class of insurance which the Act of the 14th George III. was intended to prevent, and to prevent too great timidity as to insurable interests. APPENDIX, No. 11. LIMITATION OF CLAIM OF AN ABANDONEE OF SHIP TO FREIGHT. HICKIE V. RODOCANACHI. Exchequer, May, 1859. WHILST these pages were passing through the press, judgment has been given in the case of Hickie v. Rodocanachi. It is useful in defining the limits in one direction of the rights of an underwriter on ship in respect to freight after abandonment. The "Sarah Sands" was chartered by Government to transport troops to Calcutta: she took fire at sea, and was eventually taken into Mauritius, where the vessel was abandoned to her insurers, and they accepted the abandonment. The ship "Clarendon was hired by the captain of the "Sarah Sands" to carry on the troops to their destination, thus fulfilling the contract made with Government for the transport of the men and officers. The abandonees of ship demanded to have the balance of freight paid to them which became due on the arrival of the "Clarendon " at Calcutta. Baron Bramwell, in delivering the judgment of the Court, said that the rights of the abandonees stopped with freight earned by the vessel abandoned, and could not extend to freight earned in another ship, although substituted to fulfil a contract originally made with the ship abandoned; the arrangement with the "Clarendon " being a second and independent contract. This decision seems strictly in accordance with the dictum on which a ship-abandonee grounds his claim to freight,-viz., that freight is an incident of the ship insured; and unless varied on appeal must be conclusive of the subject. INDEX. ABANDONMENT, 244 its importance sometimes over esti- not necessary where there is total useful in hypothetical cases, 247 abandonment refused, 250 of ship, carries freight as an inci- anomalies of this position, 254 conceives option, 258 differences of opinion about, 260 capture the frequent ground of, 260 of goods, 262 in case of embargo, 263 not valid when it is only implied, broken in collision, 121 frequent difficulties arising in cases arbitration a remedy, 399 number of arbitrators required, 400 an umpire has independent powers, reference to a single arbitrator, 402 practical position of referees, 403 arbitrators must know how to pro- arbitrations often attended by solici- what persons may refer, 405 of submission, 406 effect of submission, 406 AVERAGE-continued. bond, 73 connected with insurance, 90 clause on goods, 158 propriety of the captains communi- his office rather judicial, 117 is cumulative and not restrictive, AVERAGE STATEMENT OF ADJUST- in foreign ports, 76 sometimes advantageous to owner, if English underwriters are liable partial damage by, 127 deviation from the voyage, 273 a mutual contract, 174 lost with goods discharged from the loss and damage of, when general damaged and lost while assisting the ship, 35 legal opinions as to boats lost, 115 122 loss of goods in boats or craft, 165 stern boat, 9 CINQUE PORTS, 25 CLAIMS against a colliding vessel how made, 151 accumulation of, on policy, 301 on goods, frequent when markets CLUBS (OR INSURANCE ASSOCIATIONS), founded on the principle of reci- outline of the system, 362 their constitution, 367 requisites for a perfect club, 367 368 Lloyd's policy, the basis of their the "Rules," an integral part of cargo and freight clubs, 370, 391 great variety in the rules of, 376 hazardous voyages, 377 limit to amount taken, 371, 380 accumulation of claims on club compensation for mixed classes, 384 wages and provisions of crew, 386 missing ships, 389 cessation of liability, 390 cargo clubs, 391 their plan of working, 392 of profits and commissions, 328 his power in cases of emergency, 284 |