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in order to save them from any danger caused by the collision. In case he fails to do so, and no reasonable excuse for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default, and such failure shall also, if proved upon any investigation held under the third or the eighth part of the principal Act, be deemed to be an act of misconduct or a default for which his certificate (if any) may be cancelled or suspended.
The holding of the omission of any ship, after collision, to render all practicable assistance as presumptive evidence that she is in fault is a provision, we believe, at present, peculiar to the laws of Gt. Brit.
The late Dr. Lushington, in the case of The Mellona (1848), said:"In cases of collision it has been the practice in this country, and, so far as I know, of the European states, and of the U.S. of America, to allow a party alleging grievance by a collision, to proceed in rem against the ship wherever found."
In 1863, by an Order in Council made 9th Jan., rules for preventing collisions at sea, framed under the authority of the last-named Act, were promulgated; and they bore evidence of compliance with the suggestions embodied in Mr. Danson's paper.
In 1867 Mr. Richard Lowndes pub. The Admiralty Law of Collisions at Sea.
At the Social Science Congress held at Newcastle-upon-Tyne in 1870, the Rev. Dr. Hooppell read a paper, On a Fruitful Cause of Collisions at Sea, with Suggestions for its Removal. The writer remarked that the rule of the road on land was not to be compared for a moment in intricacy or difficulty with the rule of the road at sea. The rules at sea
were numerous and complex. On land a single rule sufficed for foot passengers-a single rule for vehicles. At sea no fewer than ten were in practice. In some of them different individuals might, without prejudice to their judgment, come to precisely opposite conclusions. The present code of regulations was the result of many successive improvements. It prob. was not susceptible of any great emendation, except in the particular of which he was about to speak. There were two most important rules of constant application, in which words were introduced which rendered them the reverse of what they should be in those respects-words which made them intricate, doubtful, and variable. The rules were those applying to ships meeting each other on opposite courses; and the words were only four in number, namely, "or nearly end on." The author showed the mischievous effects of these few short words, by pointing out some of the common positions in which ships find themselves. The mischief caused by these words "or nearly end on was that they confounded all these cases together. If vessels were not actually end on, they must be actually crossing or passing. In either case the rule for meeting vessels was not the rule to be followed. The gravest consequences followed from the words being indefinite. No two men agreed as to what constitutes "nearly." Many most calamitous collisions had occurred through the different interpretations placed upon the phrase by the commanders of approaching vessels. Commanders of approaching vessels could not communicate with one another as to the rule that was applicable to their case. They had to decide immediately, often under trying circumstances. The writer finally recommended that the ambiguous words should be altogether omitted.
The remedy in case of collision is either by action at law or a suit in the Court of Admiralty.
In the Courts of Common Law the rules stated by Lord Stowell to prevail in the Admiralty Courts also prevail in the 1st, 3rd, and 4th cases set forth by him; but in the 2nd, where both parties are to blame, the rule is that if the negligence of both substantially contributed to the accident, neither can maintain an action against the other. But if one of them, by the exercise of ordinary care, might have avoided the consequences of the other's negligence, the former is liable for any injury the latter may have sustained. This has been finally decided by the House of Lords. In apportioning the damage in cases where both parties have been in fault, the question has often occurred whether the damage done to the cargo shall be taken into account, or left out, in the apportionment on which the estimate is to be made. This point has been differently decided in different countries.
It is not indispensable that vessels should be in actual contact to give one of them a ground of action for damages against the other. For instance, one ship may run aground in endeavouring to avoid a collision with another. This was so determined in the case
of the “Industrie," before the Admiralty Court in Jan., 1871.
It will be seen from the foregoing that criminal liability, as arising out of collisions at sea, does not appear hitherto to have been contemplated by our maritime laws-the omission to stand by and help is only taken as an evidence of negligence, and is therefore only an element to be regarded in proceeding by civil action. It is not improbable that some alteration in this respect may arise in the new Merchant Shipping Act at present before Parliament.
We understand  that Capt. Bedford Pim, R.N., Barrister-at-Law, is engaged upon a work on the Law of Collisions at Sea; and we have no doubt that it will be characterized by that thoroughness which is a distinctive feature of the works of that
COLLISIONS [OF SHIPS], INSURANCE AGAINST LOSS OF LIFE BY. In the year 1846, by the passing of Lord Campbell's Act [9 & 10 Vict. c. 93], owners of ships became more
directly responsible for damages in the event of passengers being killed on board their vessels by collision or otherwise. This risk was regarded as a serious one, not so much from the frequency of collisions, as from the liability that might ensue from a number of persons being killed by the same casualty.
In Liverpool, from which port large numbers of passenger steamers run to various parts of the U.K. and elsewhere, the subject was regarded as of considerable moment; but a solution was propounded, viz. that the risk might be covered by means of ins. Accordingly the Liverpool and London Ins. Co. was applied to, and agreed to undertake the risk. A very simple and effective form of policy was devised, as follows:
Whereas-of-, in the county of - is desirous of effecting with the Ins. Co. an assu. in the sum of, against the risk of liability for the death of any person or persons caused within one year from the date hereof by collision between the ship or vessel called the, whereof the said is owner, and any other ship or vessel in port or at sea, if a claim for compensation for such death shall be made, and paid under and by virtue of the Act of Parl. made and passed in the 9th and 10th years of Queen Victoria, entitled, “An Act for compensating the families of persons killed by accidents." And whereas the assured has paid to the said Co. the sum of, as the prem. for such assu., the receipt whereof is hereby acknowledged. Now this policy witnesseth, that in consideration of the premises, it is hereby declared and agreed that in case of the death of any person or persons caused by a collision between the said ship or vessel and any other ship or vessel, which shall take place in port or at sea within twelve calendar months from the date hereof, and compensation shall be claimed and paid under the said Act of Parl., then the said Co. shall pay to the assured threefourths of any sum or sums of money which he may pay in satisfaction of such claims, not exceeding in the aggregate the sum of £hereby assured. Provided always, that no such claim shall be allowed or settled by the assured without the consent of the said Co. being first obtained. Provided also, that the proportion of claim on any one life which the said Co. shall be liable to pay shall in no case and under no circumstances exceed the sum of £3000. In witness, etc.
We have not been able to ascertain the rate of prem. proposed to be charged. It does not appear that the advantages offered were ever made much use of practically. COLLISIONS OF SHIPS, STATISTICS OF. — In 1850 Mr. Rucker, Underwriter to the Lond. Assu. Corp., contributed to the Assu. Mag. [vol. i. p. 60] a paper: Maritime Risks-Statement of Collisions, extracted from Lloyd's List for the Years 1845 to 1849 inclusive. We propose to defer the treatment of the statistics of Collisions until our chap. on MARITIME CASUALTIES, under which head interesting details will be furnished. We will only add here, that from carefully prepared statistics, compiled in the U.S., for the 13 years ending 1872, and embracing collisions in all parts of the world, the number was found to be about 13,000, or 1000 p.a.
COLON (properly Kolon, from the Greek, signifying quasi-hollow).—The first of the large intestines, commencing at the cæcum, and terminating at the rectum. COLONIAL ASSURANCE CORPORATION LIM., founded in 1867, with an authorized cap. of £100,000, in 50,000 shares of £2, for the purpose of introducing into Gt. Brit., and ultimately into the Brit. Colonies, the principle of life and accident ins. combined. A very small extra prem. secures the benefit of the combined pol. Hence, a person ins. for £500 in the event of death leaves to his representatives that amount, as in any other life office; but in the event of a non-fatal injury from accident, he will receive, either a specific cash payment, according to the nature of the injury, or £5 p. week during the period of his disability within the conditions of the pol. This provision may enable a pol. to be kept up, which, under other circumstances, from loss of income on the part of the insured, might lapse. The introduction of a system of ins. so obvious in its advantages has taken alike time and money to accomplish; but it has at length taken firm root. In other respects the Corp. has had to share the fate of all young life offices, and its progress has consequently been slow. But it is now firmly established.
The prospectus says:
Sagacious men of business have discovered in L. assu. a means of accumulating wealth with greater ease and certainty than by any other known process. Hence nearly all the bankers, merchants, and brokers of Lond, and other important cities have their lives heavily assured.
If a man desires to leave to his family or connexions £10,000, or £5000, or £1000, or even a less sum, he may, if he lives, do so by means of ann. or more frequent investment of his savings, at int., although he may have some difficulty in finding a safe and productive medium for continuous small sums. L. assu. affords the means of securing to family or friends all that is desired to be left. Death does not interfere with the result; it only facilitates its fulfilment. Thus, if £5000 were desired to be left, and only one prem. had been paid, the £5000 would be forthcoming. The failure of investments does not apply. Respectable L. offices always fulfil their engagements. A combination of two principles enables these things to be done-the doctrine of Average and the Accumulation of Int.
The doctrine of average renders it immaterial to the assu. office which individual of a number dies. In the aggregate they will live long enough to make the transaction pay the office.
The accumulation of int. few, except keen business men, understand. £8 paid down and invested at five p.c. compound int. will, in one hundred years, produce £1000; and of course corresponding results for shorter periods.
The general conditions of the office are liberal; and there are some "special features." Thus :
1. That at the end of every third year there is invested in Gov. securities the office surrender value of all the pols. entitled to participate in profits which have been in force for three years or upwards. 2. Certificates are issued to every parti. pol.-holder at such triennial periods, informing him of the par value of the stock to which he is entitled at that date on the surrender of his pol. 3. On the back of cach parti. pol. is indorsed a form of receipt, which, being properly filled up and signed by the pol.holder, will, on presentation to the office, secure to him a transfer of the proper amount of stock to
which he may be entitled in consequence of the surrender of his pol. to the office. 4. Where pol.holders are resident abroad, the office will sell for him the stock to which he may be entitled, and remit to him the proceeds, less the necessary expenses, if he so desire it.
The annexed T. gives examples of the ann. prems. for non-par. life and accident pol. combined:
Pol. £500. Pol. £1000.
£ s. d.
£ s. d.
£ s. d.
£ s. d.
19 9 2
4 II II 6 2
The parti. scale is some
7 7 4
19 6 2
38 8 4
Manager is Mr.
23 O 4
45 16 8
Sayle; its Actuary Mr. E.
56 10 9
COLONIAL FIRE INSURANCES.-In 1810, by 50 Geo. III. c. 35, permission was given to any person resident in Gt. Britain to insure houses and property in any of the Islands, Settlements, and Territories of His Majesty, including the West Indies and elsewhere beyond the seas, against loss by fire, without any license. But the stamp and per-centage duties payable were to be the same as in England. Ins. of foreign property, as distinguished from colonial, was exempt from per-centage duty, but liable to stamp duty on pol. This is the first mention made in our statutes of Ins. in the Colonies; although we presume such ins. had long been effected.
In 1815, by 55 Geo. III. c. 184, the stamp on colonial policies was increased to 2s. 6d. ; and the per-centage duty to 5s. per £100 ins. This per-centage duty was just twice the amount then payable on home ins. Whatever the intention of the measure may have been, its effect was to encourage the founding of F. ins. offices in the colonies. [FIRE INS., DUTY ON.]
COLONIAL, Foreign, and General Assu. Co. for Fire, Life, and Marine.-A Co. under this title was projected in 1845 by Mr. Peter Lund Simmonds, who was to be its Man. Director. The proposed cap. was £1,000,000, in 40,000 shares of £25. The preliminary prospectus said:"
Our vast and widely-extended colonial possessions, daily becoming more and more densely populated by emigrants, are for the most part shut out from the benefit of assu., where such a provision is essentially requisite for the safety of the stock, and the protection of families, frequently left unprovided for, in a strange land, by the death of friends or relatives.
The Colonies have from time to time enjoyed the benefit of banks, railroad cos., etc., etc., but as yet have possessed only in a very limited and imperfect degree any provident inst. adapted to ins. for F. and L. Some few of our older-settled colonies have their local assu. offices, conducted for the most part on the mut. principle; but from their being estab. on a very limited basis, with circumscribed cap. and small experience, any great calamity, such as an extensive fire or a sickly season, usually entails ruin on the office. One or two Lond. offices, with small cap., have recently estab. a few agencies in Canada, India, and Australia; but they have founded their rates of prem. upon the returns of mort. among the Brit. and Indian troops on foreign service-a very unsatisfactory source of computation as regards civilians and colonists generally, whose habits and occupations are essentially different. These offices resorted doubtless to such imperfect and defective sources of calculation, because no others were within their reach; but from a careful investigation at the Colonial Office of voluminous returns of the progress of pop., and others, procured with great labour from local agents, of the deaths in each colony for a series of years, as furnished by the parish regis., by consulting the best authorities as to climate, and making due allowance for the progressive improvement effected by drainage, extended cultivation, etc., tables of mort. have been framed for each of our four distant dependencies, and the decrement of human life so precisely ascertained, that much lower rates can be taken with safety than have heretofore been charged.
The dwellings, warehouses, and buildings in the Colonies are for the most part constructed of less substantial materials than those in the older countries; and the stores are generally stocked with valuable goods: yet no means of indemnification are at present afforded to owners of property of this kind against the ravage of fire. The present difficulty and expense of effecting ins. undoubtedly deter many from availing themselves of the means of protection, who would otherwise gladly do so.
In 1846 the Co. was founded under the title of the Colonial and General. Mr. Simmonds became its Man.; Mr. Colin T. Campbell was the Sec. In 1847 the bus. and connexions of the Co. were transferred to the Standard.
COLONIAL LIFE ASSU. Co., founded in Edinburgh in 1846, with a cap. of £500,000, in 10,000 shares of £50 [afterwards increased to £1,000,000, in shares of same denomination]. The estab. of this Co. forms an epoch in the hist. of Life Ins. On this point we shall speak more particularly under FOREIGN RESIDENCE. The founder of the Co. was Mr. W. T. Thomson, whose name is known wherever the blessings of L. ins. have become understood; and he has placed on record some account of the circumstances which led to its estab.
In 1845, during the progress of an investigation of the affairs of the Standard L., it appeared clear to its Act. [Mr. Thomson], "that the extra rates demanded by offices in general for foreign residence were very much beyond what was requisite to protect them from the extra risk incurred; and that the terms and conditions of assu. were not suited to such transactions-keeping in view more particularly the increased facilities afforded
for travelling abroad, and the constant inducements to foreign residence, arising from the pursuit of bus. or pleasure." This conviction became more settled the further the subject was pursued; and it was resolved to institute an inquiry as to the possibility of procuring sound data on which to found more correct rates for foreign residence.
This inquiry was entered upon by Mr. Thomson. He brought together all accessible information as to the value of life in Brit. N. America, the West Indies, East Indies, Cape of Good Hope, Australia, and other places abroad. His report embraced not merely statistical facts and figures, but the opinion of the most eminent medical men in those countries was sought and obtained. Many of these gentlemen had spent the greater part of their lives in the particular climates under consideration. The result of a consider
ation of the able report of Mr. Thomson was a resolution to found the Colonial; and steps were taken to that end early in the following year. [The name orig. proposed for the Co. was the Colonial Standard; and every shareholder in the Standard was allowed to subs. for one share in the new Co. in respect of each five held in the Standard.]
The "Contract of Copartnery" was dated 14th Oct., 1846, and set forth that the Co. was estab. for the purposes following, or any of them :-To make or effect assu. on the lives of parties proceeding or having the intention of proceeding to or remaining in India, or the Colonies, or to other places beyond Gt. Brit. and Ireland, and on the lives of military or naval officers or seafaring persons, or on the lives of persons residing in Gt. Brit., but in connexion with whose lives any special contract should be entered into with reference to residence abroad; and to grant and sell annu., either for lives or otherwise, and on survivorship; and to purchase annu.; to grant endow. for children and other persons; and to receive investments of money for accumulation; to purchase contingent rights, whether of rev. remainder, annu., life pol., or otherwise; and generally to enter into any transaction depending upon the contingency of life, and all other transactions in use to be entered into by L. assu. cos., including re-insurance. The orig. prosp. said: The practice of L. ins. in any country indicates a state of society where high moral feeling and commercial confidence exist; and its progress in Gt. Brit. is a marked feature in the national character.. In England, L. assu. has become a general practice, an understood duty, and an essential portion of every monetary contract. Want of statistical information as to the value of human life has no doubt retarded the adoption of the system in many countries where its aid or protection would be eagerly sought, if well-founded inst. were provided for its practice: but the time has now arrived when increased knowledge enables its benefits to be extended with safety to many other parts of the world, where hitherto it has been unknown, or at least unpractised, except under great disadvantages, by a distant and tardy correspondence and at great expense. In France, Germany, and other European countries, L. assu. has made some progress; but beyond the limits of Europe the practice is very limited.
In the Brit. Colonies there is a general anxiety for the introduction of such institutions, of which at present they are almost entirely destitute. In one or two instances small schemes have been commenced for the purpose of L. assu. These, however, are local, and consequently limited in their operations; not obtaining sufficient numbers to give a proper average of life, and being conducted with comparatively great expense.
In India L. assu. offices exist, but there is still a wide field open to an inst. founded on the most recent experience, conducted with liberality, and affording those facilities which well-constituted L. assu. inst. in Gt. Brit. now adopt.
The Colonial L. Assu. Co. has been estab. for the purpose of extending to the Colonies of Gt. Brit. and to India, the full benefit of L. assu.; and for the purpose of giving increased facilities to persons visiting or residing in foreign countries.
With a view to facilitate the operations of the Co., branches or agencies were estab. in the East Indies and Ceylon; in Canada, New Brunswick, Nova Scotia; in the West Indies, Cape Colony, and Australia.
Regarding the prems. to be charged we are told :
The rates which the Co. have adopted have been formed on the most correct obs. which exist as to the value of life; and the directors have to acknowledge, among other sources, the valuable aid which they have received from the Parl. Reports prepared by Col. Tulloch, in regard to the mort, among Brit. troops in the Colonies of Gt. Brit.; and the important assistance in their proceedings afforded by Henry Marshall, Esq., Deputy Inspector-Gen. of Army Hospitals, and medical adviser of the Co. The arrangement of the countries in which the Co. undertook the risk of residence into classes, with corresponding rates of prem. and conditions for each class, was exceedingly clear and comprehensive. This part of the prosp. will be dealt with under head of FOREIGN RESIDENCE.
The conditions regarding officers of the army and navy were very liberal. These will be spoken of under MILITARY SERVICE and NAVAL SERVICE respectively. Then under title of "Protective Insurances" whole-world licenses were issued. [WHOLE WORLD INS.] Among the orig. shareholders of the Co. were some of the nobility, gentry, and leading merchants of Scotland. The Co. also had the support of several of the Scotch L. offices not undertaking direct foreign bus. ; but its chief strength lay undoubtedly in its intimate relations with the Standard L.
The report presented at the fifth ann. gen. meeting, held in 1851, said :-"The rate of mort., making all allowances, has thus been considerably under I p.c.—a result which, in the most favourable circumstances, could scarcely have been looked for in a class embracing Brit. lives only."
In 1852 the Co. absorbed the bus. of the East of Scotland, founded 1845.
In 1854, or earlier, it commenced bus. in the U.S., and continued the same down to 1861, when the affairs of the agency were closed.
In 1854 the period arrived for making the first investigation in the affairs of the Co., with a view to the ascertainment and division of surplus. The report of the Act., Mr. Thomson, on that occasion, is full of interest. The Co., we are told, was received from the first in every colony with the promise of bus., and the "support of the highest authorities was accorded to it." The following T. shows the progress of the bus. :
The ins. in force on 25th May, 1854, amounted to £1,261,517.
The next T. shows us the places or parts of the world in which the ins. had been effected:
Gt. Brit. (chiefly on lives of persons going abroad)
East Indies, including Ceylon, China, Penang, and Manilla Cape of Good Hope and Mauritius [agencies more recently established]
The report contained some other interesting and instructive details. Then we are told: After the Co. was estab., various local offices arose in the Colonies from time to time, brought into existence chiefly by the example of the Colonial; and the directors were well pleased to find that the provident spirit they had endeavoured to create had been fully aroused, and showed every prospect of being widely responded to. They did not dread the opposition of these cos., however, satisfied that a wholesome rivalry was beneficial; and so it has proved-for this Co. has been most completely successful in those places where the opposition arose. In some instances, native institutions were found to exist when the Co. extended their bus. to particular localities; one of these in the W. Indies handed over its affairs to the Colonial; others still exist, and one of them, the Jamaica Mutual, although on a comparatively small scale, has given very satisfactory results, and promises, with continued prudence, to do well. But the Colonial did not and does not find that these local cos. in any degree retard its progress-on the contrary, as said before, they tend to keep alive prudent and provident thoughts in men's minds; while, even as rivals, their respective interests do not clash to any extent. The local offices suit those who have no prospect of leaving the locality in which the co. is estab., persons who can watch the management of the inst., and probably take part in it; but the Colonial is on a wider basis: it is managed by persons who have been for years in the daily practice of transacting L. assu. bus. on a large scale; its investments are not confined to the focality, island, or colony in which the Co. subsists, but are made partly in the Colonics, and partly in Gt. Brit.
The valuation of the risks of the Co. was based upon (1) the English Mort. T. ; (2) the data of Messrs. Dodwell and Miles in regard to the army in India; and (3) on the T. adjusted with reference to the particular risks as derived from the information in the hands of the Co. The rate of int. assumed was 3 p.c., except in some exceptional cases. A divisible surplus of £51,000 appeared, of which about one-half was distributed to the pol.-holders, yielding a rev. bonus of 2 p.c. p.a. A new issue of £500,000 cap. took place after this investigation, at a prem. of 30s. p. share. The prem. income of the Co. was at this date £51,263. Its invested funds reached £172,539.
A reduction in the rates of prem. for certain classes of the Co.'s bus. was made soon after this investigation, some of the results of which will be spoken of under date 1859. In 1855 the Co. obtained a special Act-18 & 19 Vict. cap. cxxv.-An Act for Incorp. the "Colonial L. Assu. Co."; for enabling the said Co. to sue and be sued, to take and hold property; and for other purposes relating to the said Co. The Co. was incorp. "with perpetual succession and a common seal"; but the liability of the Co. and shareholders to continue. The pol. already issued to remain effectual. The head office of the Co. to be in the City of Edinburgh. The Co. having now ceased to carry on bus. as a distinct corp., it is not necessary to follow the provisions of the Act in further detail; but there was contained a clause regarding amalgamation sufficiently important to be perpetuated:
XXV. It shall be lawful for the directors (three-fourths of their number agreeing and concurring) at any time to undertake, on behalf of the Co., the payment of the sums and annu, respectively assured and granted by any assu. co. or so. desirous of being dissolved or of relinquishing the whole or any part of their bus.; and to purchase the bus. of any such co. or so., and to make such contracts and arrangements with any such co. or so. for enabling the directors to complete such undertaking, and to exonerate the co. or so. so dissolved or relinquishing bus. from all further liability in respect of the sums and annu. which the directors, on behalf of the Co., may have undertaken to pay; and to obtain from any such co. or so. a transfer to the Co. of so much of the funds or property and bus. of such co. or so, as the directors shall think fit.