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"GAMING, by way of," words render insurance void, 77

Gear improperly carried on deck and lost not charged to underwriter, 212
General Average Expenses, insurable interest in, 83

not primarily an insurance liability, 280

different senses of the words, 281

as understood in English law, 282-301
Birkley v. Presgrave, 282-284
Job v. Langton, 284, 285
Schuster v. Fletcher, 286

definition of, by Laurence, J., 283

Kenyon, L., 283, 284

sacrifice must be voluntary, 284

extraordinary, 284

for common safety of ship and cargo, 284
incurred in emergency, 284

judicious or reasonable, 284
who must order? 284

sacrifice must not be inevitable, 284

of things used in ordinary course, 284

per Hannen, L., 288

of things sacrificed for any separate interest, 284

expenditure distinguished from sue and labour charges, 226, 227
expenditure must be incurred while both ship and cargo are ex-
posed to same perils, 285

incurred for benefit of any number of separate interests

is not General Average, 286

port of refuge expenses, incidence of, in case of,

(a) vessel put in to repair particular average (Svendsen v.
Wallace), 287

(b) vessel put in to repair sacrifices intentionally made for
common safety (Atwood v. Sellar), 287

Jury Rig, 288

reasons for admitting cost of, into General Average, 288
divergence of usual practice from true theory, 288

views of Blackburn, L., 288, 289

damage done to engines in working steamer off strand, 289

question of principle, is there any intentional sacrifice? 289
Lowndes's views, 289

recent American practice, 289

value of coal and other stores used in getting steamer off strand, 290
disallowed till quite recently, 290

now allowed with sanction of courts, 290, and note

wages and provisions of crew at port of refuge, 290-292
Thesiger's (L. J.) views, 290

not allowed in English practice, 290
disallowed by Lord Mansfield, 290

Buller, J., 290

not a sacrifice of part for preservation of the rest, 291

General Average-continued

wages and provisions of crew at port of refuge no sacrifice of
any part involved, but only of time and patience, 291
demurrage at port of refuge not allowed, 292

substituted expenses, 292, 293

apportionment of, 292

charges treated by agreement as, 292

the two essential features of, 293

procedure of recovery in, 293

average deposit, 293

signature of average agreement or bond, 293
duty of shipowner as to adjustment and payment, 294
bond, shipowner not bound to accept, 294

consignee not bound to sign, 294

deposit, shipowner has right to demand, 294
amounts made good, 295-298

disbursements, 295

e.g. bottomry, 295

sacrifices, 295-298

(a) of ship's materials, 295, 296

deductions from cost of repairs, 295, 296

(b) of cargo, 297

Lowndes's statement of principle, 297

values to be made good if goods completely sacri-
ficed, 297

if goods merely damaged, 298

treatment of freight of sacrificed goods, 297

themselves contribute to General Average, 297, 298

contributing interests and values, 298-301

general considerations, 298

of ship, 299

of cargo, when venture is completed, 299
broken up at intermediate port, 299

of freight advanced, 299

due at destination, 299, 300

of ulterior chartered freight, 300

comparative table of English and foreign law and practice,

304, 305

apportionment, 301

English theory and practice of, based on considerations of common
physical safety, 301

foreign theory and practice of, based on considerations of common
benefit, 301

proper law and place of adjustment, 301-303

(1) if venture completed, 301, 302

but what if cargo be not all for one destination? 302

(2) if venture not completed, 303

foreign law and practice of, when enforced by English law, 303,
308, 309

General Average-continued

international systems of, 306, 307

York-Antwerp rules, 306, 307, and Appendix H
application of, 310, 311

not a complete code of General Average, 311
in connection with affreightment, 307

can only mean General Average contribution, 307
application of, to insurance, 307

incidence of liability, 307

extent of liability of underwriter, 308, 309

Foreign General Average (F. G. A.) Clause, effect of, 309, 310
various forms of, 310

General Average loss as distinguished from General Average con-
tribution, 311, 312

effect of decisions in Dickenson v. Jardine and Price v. Ar
Small Damage, 313

proposal to abolish General Average, 306 note

Genoese, 4

to reform General Average, 306 note

Geographical terms, interpretation of, 39

taken in ordinary mercantile sense, 39

German Empire accepts North German Mercantile Code, 6

German General Mercantile Code, 36

Good faith, 10 (bis)

Good safety, 54, 55

not same as absolute security, 55

illustrations, 55

means safety necessary for discharge and ordinary business, 55
"Good ship or vessel," explanation of phrase, 46, 47

Goods, insurable interest in, 78-81

insured on time, 229

different methods of insurance on time, 230-232

carriage of, on deck permitted by steamer time wording, 235

of certain kinds always carried on deck, 44

insurance not invalidated thereby, 44

Goods of same nature as part of ship's apparel not covered by policy
on ship, 45

valuation of, under open policy, 67

"Goods and merchandises," 43

insured on ordinary English policy must be carried under deck,

43, 44

insurance of, does not cover respondentia bond, 44

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Gross values of goods, Justice Lawrence's reason for adjusting
particular average on, 198

of freight adopted in adjusting particular average on freight, 202
reasons, 202

Grounding, mere, does not necessarily constitute strand, 176

e.g. in tidal river or harbour, 176, 177

unless resorted to for refuge, 177

Guidon de la Mer, 5

insists on proportion of policy valuation remaining uninsured, 64

HAMBURG Conditions of marine insurance, 6

Hansa league, 4, 5

Hanseatic laws, 3 (bis)

Hawsers, wear and tear of, 209

"

'Hemp" in Memorandum does not include jute, 173

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Hides in Memorandum does not include furs, 173

Homeward and outward African cargoes, 52, 53

Honour policies, 77

ILLEGAL trade, foreign smuggling is not in English law, 268

blockade running, if England is neutral, is not in English law,
268

carrying contraband, if England is neutral, is not in English
law, 269

as vitiating insurance, 271

Illegal voyage, policy on, cannot be enforced, 268

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policy of insurance not perfect contract of (per Patterson, J.), 11
as affecting valuation, 65

Lord Mansfield's view and its grounds, 65

what constitutes, 65

Benecke's system, 65

only applicable to current merchandise to and from important
markets, 66

under open policies, 66, 67, 68

principle of, as affecting insurable interest, 76

limit of, under full protection policy, 257

Indian islands include Mauritius, 39

Inherent defect not a peril insured against, 93, 154, 190

Inland risks, 41, 42

water risks beyond tidal limits are not sea risks, 24
Insurable interest, 32, 33, 76-86

transfer of, I

as determined by principle of indemnity, 76

Insurable interest may be ownership or relation of risk or of responsi-

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Insurance, fire, 208

marine, and passim

considered as existing time out of mind, I

origin really lost in obscurity, 2

an inducement to commercial adventure and enterprise, 2
originally a mere subsidiary in oversea commerce, 2

now an absolute necessity to oversea commerce, 2

not directly referred to in Roman literature, 2

no evidence of its existence before 1000 A. D., 3
reference to, in Celtic literature, 3

examination of said reference, 3

not mentioned in early European sea laws, 3

Judge Duer's explanation of this silence, 3

silence of sea laws not conclusive of non-existence of insurance, 3

rediscovered or invented in Italy in 1182, 3

introduced into England by Lombards, 4
codes and ordinances of, 6, 7

no English code of, 7

dearth of case reports down to 1756, 7

few positive regulations before 1756, 7

principles not generally known in England before 1756, 7

law of England based on decisions and dicta of Lord Mansfield, 8
purport of contract of, 10

description of contract of, 10, 11 (bis)

Duer's definition of, 11, note

definition of, in Belgian code, II note

no definition of, in Spanish code, II note

is a limited contract of indemnity, 11 and note

broker, 12

brokerage, 12

premium, 12

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