"GAMING, by way of," words render insurance void, 77 Gear improperly carried on deck and lost not charged to underwriter, 212 not primarily an insurance liability, 280 different senses of the words, 281 as understood in English law, 282-301 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 judicious or reasonable, 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 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. (b) vessel put in to repair sacrifices intentionally made for Jury Rig, 288 reasons for admitting cost of, into General Average, 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 recent American practice, 289 value of coal and other stores used in getting steamer off strand, 290 now allowed with sanction of courts, 290, and note wages and provisions of crew at port of refuge, 290-292 not allowed in English practice, 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 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 consignee not bound to sign, 294 deposit, shipowner has right to demand, 294 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- 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 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 foreign theory and practice of, based on considerations of common 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, General Average-continued international systems of, 306, 307 York-Antwerp rules, 306, 307, and Appendix H not a complete code of General Average, 311 can only mean General Average contribution, 307 incidence of liability, 307 extent of liability of underwriter, 308, 309 Foreign General Average (F. G. A.) Clause, effect of, 309, 310 General Average loss as distinguished from General Average con- effect of decisions in Dickenson v. Jardine and Price v. Ar 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 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 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 Gross values of goods, Justice Lawrence's reason for adjusting of freight adopted in adjusting particular average on freight, 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 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, carrying contraband, if England is neutral, is not in English as vitiating insurance, 271 Illegal voyage, policy on, cannot be enforced, 268 policy of insurance not perfect contract of (per Patterson, J.), 11 Lord Mansfield's view and its grounds, 65 what constitutes, 65 Benecke's system, 65 only applicable to current merchandise to and from important 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 transfer of, I as determined by principle of indemnity, 76 Insurable interest may be ownership or relation of risk or of responsi- 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 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 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 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 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 |