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Editions as appeared to them to be of utility at the present time. They have taken care, wherever they dissent from Sir Joseph Arnould's view, indicate either in the text or in the notes that they are doing so, except, indeed, where such dissent is justified by authorities which have come into existence since the date of the Second Edition.

The actual course of insurance business followed at the present day differs considerably from that which was in vogue at the dates of the earlier Editions, and some usages which existed then have become obsolete. As regards matters of this nature, the Editors sought personal interviews with various gentlemen of position and of practical experience both in London and elsewhere. They gratefully record the fact that they have in all quarters received not only the greatest courtesy, but all possible assistance. To Mr. Charles Wright, of Lloyd's, their thanks are most particularly due.

There are many questions relating to the liability of insurers, particularly as regards the adjustment of losses, as to which there is but scanty positive legal authority. In discussing such questions the Editors

have made large use of valuable text-books such as those of Messrs. Lowndes, McArthur and Gow, the authors of which, though not professional lawyers, have nevertheless brought great experience, ability and learning to bear upon the discussion of legal questions. In this context the Editors' thanks are particularly due to Mr. William Richards, Chairman in 1900-1901 of the Association of Average Adjusters, for much valuable assistance, and also to the Association itself for permission to print in extenso the Rules of Practice, which will be found in the Appendix.

Special attention has been paid to the subjects of Insurance Clubs and of Reinsurance, and to the anomalies of our legislation with respect to Stamps. An attempt has been made to give an answer to the difficult questions which arise in connection with the incidence of expenses incurred at ports of refuge. One entirely new chapter has been written, that on Subrogation.

Attention has been paid to the recent attempts to codify the law of Marine Insurance. The result of these attempts, so far, is the Marine Insurance Bill which has several times been introduced into Parlia


Numerous references to the Bill of 1899 will be found in the notes, and the text has been printed in the Appendix.

The English cases up to the end of May, 1901, have been cited, and the decisions in the American Courts up to the end of 1900 have been examined, and many of them discussed or noted.

The dates of all the cases referred to have been inserted, and the Table of Cases, prepared by Mr. Edwin Hallett, clerk to the Editors, contains references to all the leading reports where each case is to be found.


June, 1901.

E. L. DE H.

R. I. S.

The following Editions of Treatises have been used for the references in this work.

ABBOTT on Shipping; 5th and 13th. Lond. 1827 and 1892.
Baily on General Average; 2nd. Lond. 1856.

on Perils of the Sea. Liverpool, 1860. Beawes' Lex Mercatoria; 6th. Lond. 1813. Benecke, Principles of Indemnity. Lond. 1824.

System des Assekuranz und Bodmereiwesens. Lond. 1810.
par Nolte. Hamburg, 1851-2.

Boulay-Paty, Droit Commercial Maritime. Paris, 1834.
Bynkershoek, Opera Omnia a Vicat. Col. Allob. 1761.
Carver on Carriage by Sea; 3rd. Lond. 1900.

Casaregis, Discursus Legales de Commercio; 2nd. Venetiis, 1740.
Cleirac, Us. et Coutumes de la Mer. Bordeaux, 1661.

Dicey, Conflict of Laws. Lond. 1896.

Duer on Marine Insurance. New York, 1845—6.

on Representations in Marine Insurance. New York, 1844. Emerigon, Des Assurances et des Contrats à la Grosse par Boulay-Paty. Rennes, 1827.

Gow on Marine Insurance; 2nd. Lond. 1900.

Grotius, de Jure Belli et Pacis, by Whewell. Cambridge, 1853.

Joyce on Insurance. San Francisco, 1897.

Kent, Commentaries on American Law; 10th. New York, 1860. Kuricke, de Assecurationibus, in the Fasciculus Scriptorum de Jur. Naut. et Marit. of J. G. Heinneccius. Halae Magd. 1740.

Lampredi, del Commercio de Popoli Neutrali in tempo di guerra. Milano,


Loccenius, de Jure Maritimo, in the Fasciculus Scriptorum de Jur. Naut. et Marit. of J. G. Heinneccius. Halae Magd. 1740.

Lowndes, R., on General Average; 4th. Lond. 1888.

- on Marine Insurance; 2nd. Lond. 1885.

McArthur on the Contract of Marine Insurance; 2nd. Lond. 1890.
Maclachlan on the Law of Merchant Shipping; 4th. Lond. 1892.
Magens on Insurances. Lond. 1755.

Malyne's Lex Mercatoria; 3rd. Lond. 1686.

Lond. 1823.
Lond. 1881.

Marquardus de Jure Mercatorum. Francf. 1662.
Marshall on Insurance, by Chas. Marshall; 3rd.
Maude and Pollock on Merchant Shipping; 4th.
Molloy de Jure Maritimo. Lond. 1682.
Paley on Principal and Agent, by Lloyd; 3rd. Lond. 1833.
Pardessus, de Droit Commercial; 5th. Paris, 1840.

Lois Maritimes ant. au XVIIIe siècle (cited Pardess.). Paris,

Park on Insurance, by Hildyard; 8th. Lond. 1842.

Parsons on Insurance. Boston, U.S. 1868.

Phillips on Insurance; 4th. Boston, U.S. 1854.

Pothier des Assurances, du Charte-partie, vol. 5 of his Œuvres par M. Bugnet. Paris, 1845-48.

par Estrangin. Paris, 1810.

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Rutherforth, Institutes of National Law. Cambridge, 1754-6.

Santerna, de Assecurationibus. Col. Agripp. 1599.

Stevens on Average; 5th. Lond. 1835.

Story on Agency. Lond. 1839.

on the Conflict of Laws; 2nd. Lond. 1841.

Straccha, de Mercaturâ et Assecurationibus. Amst. 1669.

Valin, Nouveau Commentaire sur l'Ordonnance de 1681. Rochelle, 1766. par Becanne. Poitiers, 1829.

Vattel, Droit des Gens, par Pradier-Fodéré. Paris, 1863.
Vinnius in Peckium, ad Rem Nauticam. Ludg. 1647.

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