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loss on first hearing of the capture. If the abandonment is accepted by the underwriter, the insured receives all he can claim under his pol., and all right of salvage passes to the underwriter. [ABANDONMENT.]
If the insured, on the capture of the property, foregoes his right to abandon, and elects to litigate the capture, he cannot reverse his decision while the circumstances remain the same; but in the event of such a change occurring as to render the loss absolutely total, the right to recover a total loss revives. This was so determined in the Exchequer Chamber in June, 1870.-Stringer v. English and Scottish Marine, re the "Dashing Wave."
All necessary expenses incurred in the redemption or recovery of captured property are recoverable under the pol., except the ransom of Brit. ships from an enemy, which is illegal under the 22 Geo. III. c. 25; but this prohibition applies exclusively to ransom from enemy's capture, and does not extend to compensation paid by a neutral to a belligerent, or ransom paid to a pirate, all of which are recoverable as a general average loss.— Arnould; McArthur.
Insurers are liable for all damages and charges proceeding from any capture, detention, or reprisal, except it can be proved that the insured designedly concealed circumstances from them, which he knew might expose the ship to such accidents, and therefore would not declare them to avoid giving more than a common prem. : but whatever contraband goods may have been clandestinely shipped by other people, unknown to the insured, and the vessel thereby exposed to a capture or detention, cannot in any shape prejudice his ins., unless the insured stipulated that the underwriters should be free of captures.Magens, 1755.
If a ship is driven by stress of weather on an enemy's coast, and there captured, it is a loss by capture, and not by the perils of the sea.—Green v. Elmslie, 1794.
Where a ship was ins, for a voyage or a cruise of 3 months, and taken by the enemy within that time, but before she was carried infra præsida hostis, was retaken by an Englishman, and was at the time of the action a living ship :-Held, to be a total loss to the insured.-Pond v. King, 1747.
If a pol. is on a ship bound to a foreign port, until she is 24 hours moored in safety there, and, previously to such ship's arrival at her destined port, an embargo is laid on all English vessels in that port, and she on entering is also detained, and her crew made pri soners of war, the insured is entitled to recover.-Minett v. Anderson, 1794.
Where a neutral ship is arrested at sea by a belligerent cruiser, and, under suspicion of having enemy's goods on board, is carried for search and adjudication into a hostile port, as the result may be the condemnation of ship and cargo, but more especially as the act is done in time of war, and as a warlike measure, this is rather to be esteemed a capture than a simple arrest, and accordingly is prima facie a ground of abandonment. This was so held in the case of Barker v. Blakes, 1808. See also Marshall, and Emerigon,
A pol. was effected on 6500 bags of coffee, warranted "free from capture, seizure, and detention, and all consequences thereof, and free from all consequences of hostilities, riots and commotion." The coffee was shipped on board a vessel bound for New York. At the time of the ship sailing a war had broken out between the Northern and Southern States of America; and as an act of hostility, a light, which had usually indicated the position of Cape Hatteras, was extinguished. The war and the extinction of the light were unknown to the captain, and, from ignorance of the latter, he fell out of his reckoning, and ran ashore. Certain persons on the coast had recovered 120 bags of coffee, when they were interrupted by soldiers, who appropriated the 120 bags, and prevented others being saved. The captain and crew were taken prisoners. But for this interference, 1000 more bags might have been saved before the breaking up of the ship:-Held, that the loss of the ship was by perils of the sea, and not "by the consequences of hostilities" within the meaning of the pol.; that as the 1120 bags were lost by reason of the interference of the soldiers, that loss was covered by the exception, and the insurers were not liable; but that for the remainder the insurers were liable, as for a loss by the perils of the sea.-Ionides v. Universal Marine Ins. Co., Common Pleas, 1863.
Where the pol. contains such words as these, "warranted free from capture, seizure, and detention, and the consequences of any attempts thereat, and all other consequences of hostilities," it means that the insured takes upon himself the burden of such consequences, and therefore that in such cases they do not constitute any portion of the perils the underwriter insures against. They are, as it were, lifted out of the risk covered by the pol. The last-quoted case (Ionides v. Universal Marine) may be considered the leading case upon this point. [CLAUSES RESTRICTING UNDERWRITER'S LIABILITY.]
Enough has been said to show that the incidents of Capture are of a very complex character. We do not intend to pursue them in detail. They will come before us from time to time under various heads.
The law of warlike capture derives its rules from the assumption that communities are remitted to a state of nature by the outbreak of hostilities, and that, in the artificial natural condition thus produced, the institution of private property falls into abeyance so far as concerns the belligerents.-Maine's Ancient Law.
The Ins. Ordin. of Amsterdam, 1744, contained a special_scheme of ins. for the ransom of ships and lading captured. [RANSOM Of Ship or Cargo.]
In 1801 M. de Marten, a French writer, pub. an Essay on Privateers' Captures, and particularly Recaptures, according to the Laws, Treaties, and Usages of the Maritime Powers of Europe, etc. Mr. T. H. Horn pub. a trans. of the same with notes in the
In 1815 Mr. Henry Wheaton pub. in N.Y. his famous Digest of the Law of Maritime Capture and Prizes. It is a work of the highest authority, but is now very scarce.
At the Social Science Congress held at Birmingham in 1868, the question of Capture engaged a good deal of attention. The President, the Earl of Carnarvon, thus introduced the subject:
The two grave questions, whether private property at sea should be exempt from capture during war, and under what circumstances ought a change of nationality to be authorized, important as they are to other countries, are even more important to England, from the vastness of her commercial relations, and the almost universality of her political interests. . . . The right of seizure is now founded, rightly or wrongly, upon the principle that when a State is at war, its subjects are at war also; and the question must ultimately resolve itself to the issue, whether war shall be carried on between the Govs., or between the entire pop. of different countries. On the one side it will be argued that the loss and suffering inflicted upon the peaceful traders of a belligerent power are cruel and impolitic; on the other, that as war is an evil of so extreme a kind it ought only to be undertaken in the hope of securing peace. So-subject to the mitigations which Christianity has enforced-whatever entails upon the wrong-doing State the greatest pain and inconveniences will lead to the speediest redress and the earliest cessation of hostilities.
The President of the Jurisprudence Department, the Right Hon. W. N. Massey, also dilated upon the subject in his opening address; while the acting Chairman of the same Department, Mr. W. Vernon Harcourt, entered very fully into many of the practical considerations involved. At the same Congress, Mr. E. C. Clarke, Barrister-at-Law, raised the question in a direct form, by a well-written paper, Ought Private Property at Sea to be Exempt from Capture during War? A paper on the same subject, by Lord Hobart, was also read. An important discussion followed; but nothing was done, or could be done, but to draw attention to such reforms in the practice as may be practicable. [ABANDONMENT.] [DETENTION.] [GENERAL AVERAGE.] [OCCASIONAL CLAUSES.] [PRIZES.] [SALVAGE.] [WARRANTIES.]
CAPTURE OF PERSONS, INS. AGAINST.-See CAPTIVITY INS.
CARBUNCLE (Order, ZYMOTIC; Class, Miasmatic).—The deaths from this cause in England show now very slight fluctuations. For ten consecutive years they have been as follows: 1858, 246; 1859, 236; 1860, 247; 1861, 193; 1862, 206; 1863, 237; 1864, 266; 1865, 265; 1866, 228; 1867, 235. Over a period of fifteen years ending 1864 they have averaged 12 to each million of the pop. living.
The deaths in 1867 were: Males, 164; Females, 71. The deaths are very small in numbers in the early ages, and increase steadily up to about 70, and then decrease at the more advanced ages.
In a paper by Dr. W. A. Guy, read before the Brit. Asso. at Glasgow, in 1855, On the Fluctuations in the Number of Births, Deaths, and Marriages, and in the Number of Deaths from Special Causes, in the Metropolis during the last 15 Years from 1840 to 1854 inclusive, this learned writer said:
The group O which comes next in order to Zymotic diseases is one which obviously owes its place to the circumstance of its comprising one disease at least which has of late years become epidemic, and has thus obtained a right to be placed itself in the Zymotic group, namely, Carbuncle. This disease, which in the first 7 years of the 15 caused a number of deaths varying from 1 to 4, in the last 7 years caused a number of deaths varying from 7 to 36.
Dr. Challis, who gave evidence before the Committee on Adulteration of Food, etc., 1856, said, "He believed that the disease called Carbuncle, which had much increased among the lower classes, was to be traced to the extensive use of diseased meat. Even the higher classes were not exempt." "He knew of one instance of a butcher who never ate a morsel of the meat he sold himself for this reason."
CARCATUS.-Loaded; as a ship with cargo on board. CARD SYSTEM.-The card system as applied to mort. obs. has many advantages. Suppose it to be intended to test the mort. experience of a L. office at a given date, and for the first time. The leading details of every pol. on the register should be written on a separate card—that is, one card for each pol.-viz.: sum insured; name of insured; agedate of birth; date of ins.; number of pol.; whether accepted at ordinary or special rates; whether with or without profits; whether whole life or short term. The cards when completed can then be classed in relation to any of the foregoing details, and re-classed as often as occasion may require. They can also be stowed away in a small space, and can be used at any subsequent investigation. The system was introduced by Mr. J. J. Downes, late of the Economic, for the purpose of specially testing the continued experience of that So., and was adopted by all the offices contributing to the mort. experience, 1869, resulting in EXPERIENCE TABLE No. 2.
CARDIAC (properly Kardiac, from the Greek, the heart).-Relating to the heart. CARELESSNESS OF MASTERS AND SAILORS.-This was one of the risks insured against in the pols. of marine ins. issued under the Ins. Ordin. of Amsterdam, 1744. [AMSTERDAM, M. INS. ORDIN. OF.]
CAREY, E., Underwriter of Globe Marine since its estab.
CAREY, GEO. G., Teacher of Mathematics, Commercial Inst., Woodford, pub., in 1818,
A Complete System of Theoretical and Mercantile Arithmetic, comprehending a Full View of the various Rules necessary in Calculation, with Practical Illustrations of the most material Regulations and Transactions that occur in Commerce, particularly Int., Stocks, Annu., Marine Ins., Exchange, etc., etc. Compiled for the use of the students at the Commercial Inst., Woodford. This book has still a very good reputation.
CARGO. The lading of a ship; the merchandize or wares contained and conveyed in a ship. [DECK CARGOES.]
CARIES. This term, used in a medical sense, denotes rottenness or decay.
CARLISLE, CITY OF (County Cumberland).-A frontier town of England, wherein for many ages a strong garrison was kept. Just below the town the famous Picts' wall began; and here also ended the Roman highway. But our present interest centres in the city entirely on account of obs. taken therein, resulting in the formation of the CARLISLE T. OF MORT., of which we shall give an account under that head.
In 1763, at the request of Dr. Littleton, Lord Bishop of Carlisle, the inhabitants were numbered with great care. There were at that time in the city and suburbs 1059 families, constituting 4158 inhabitants. In Jan. 1780 another survey was made under the inspection of Dr. Heysham, "when there were in the district before surveyed," 891 houses; 1605 families; 6299 inhabitants. "This astonishing increase of 2141 inhabitants --which is above half of the orig. number-in the small space of 17 years, may in some measure be attributed to the estab. of manufactories." B. of mort. were pub. in this city, and upon these Dr. Heysham, a resident, made very careful obs., especially during the nine years 1779 to 1787, both inclusive. In his obs. on the bill for the first-named year, he tells us :
Carlisle is situated in lat. 54° 55′ north, and is surrounded by a wall about a mile and a quarter in circumference. The situation is rendered exceedingly pleasant by its vicinity to three beautiful rivers, with which it is almost surrounded, viz. the Eden, on the N.E. side; Petteral, on the S.E.; and Caldew, on the N.W. The air about Carlisle is pure and dry; the soil chiefly sand and clay. No marshes or stagnant waters corrupt the atmosphere; its neighbourhood to a branch of the sea and its due distance from the mountains on all sides render the air temperate and moderate.
In each of the following 8 years all the circumstances supposed to affect the health of the pop. are noted with great minuteness. In 1787 another survey of the inhabitants was taken; and Dr. Heysham tells us :-"From this survey, thus corrected, it appears that the two parishes of St. Mary and St. Cuthbert contain at present 3864 males and 4813 females, and consequently 8677 inhabitants."
In April, 1796, another survey of the pop. was made, under the direction of the Editors of the Hist. of Cumberland, and it appeared the two before-named parishes contained 1587 houses; 2616 families; 10, 289 inhabitants.
In 1797 was pub., An Abridgment of Obs. on the B. of Mort. of Carlisle for the Year 1779 to the Year 1787 inclusive. And also a Catalogue of Cumberland Animals. John Heysham, M.D.
CARLISLE TABLE OF MORTALITY.-The abridged B. of mort. of Carlisle for the 9 years 1779-87, by Dr. Heysham, M. D., fell into the hands of Mr. Joshua Milne; and they fell upon a fruitful soil. That gentleman entered into communication with their compiler, and in the end became satisfied of the accuracy of the recorded obs. On some of the points of his inquiries we shall have to speak hereafter. Mr. Milne reduced the materials before him down to the following form:
Table A.-Exhibiting the Pop. of the Parishes of St. Mary and St. Cuthbert, Carlisle, in 1780 and 1787.
He constructed other tables. Table B. gave the numbers of husbands, wives, widowers, and widows at the enumeration of 1780. It showed the proportion of widowers to widows to be only as I to 43/7 nearly. Table C. showing the number of deaths that took place in each interval of age in the same two parishes during 9 years, beginning with 1779, and ending with 1787. Table D. regis. of the baptisms and burials in the parishes named. In each of the 9 years, except the first, there was an excess of baptisms. Some other tables were constructed, which it is not necessary for us to follow. From tables A. and C. Mr. Milne constructed the following T., "except that between the ages of 100 and 105, the decrements of life are greater than they should be," according to formule which he had previously laid down :
Mr. Milne described his T. as "exhibiting the law of mort. at Carlisle." He gave the "expectations" in a separate T. We combine them for the sake of uniformity and space. He commenced his T. by showing the decrements of infants under one year of age as follows:
Number who complete that age, 10,000, and die in next interval, 533
From this point the figures in our condensed form of T. run on as given by Mr. Milne. His T. does not distinguish the mort. of the sexes. He says hereon, "The number of each sex not having been set down separately, when the numbers of the living in the several intervals of age were taken, I have not been enabled to determine the law of mort. for each, but only for the whole pop. without distinction of sex; this however is the less to be regretted, as the numbers when kept distinct for each sex would have been so small."
He explains the reading of his T. of Expectations thus:
It appears that the expectation of life at birth is 3872 years; therefore in a stationary pop. subject to the same law of mort., and not affected by migration, 1 person would die ann. out of 38 72, or 100 out of 872. This is upon the supposition of the ann. births being equal to each other, and invariable. But in a pop. that is increasing by procreation, the proportions between the numbers of the living in the several intervals of age will be different; therefore, although the law of mort, in each of those intervals remain the same as in a stationary pop., the total mort. may be different.
It appears that in a place subject to the same law of mort, as Carlisle, and which had for a century been increased by procreation only, in the same manner as England and Wales from 1710 to 18101 of 39:29, or 100 out of 3929 persons would die ann. And this would have been the mort. of Carlisle during the 9 years ending with 1787 had the pop. of the place been supplied by procreation only, and not migration. . . . It appears that the actual ann. average mort. of Carlisle during these 9 years was only 1 in 40-less than 1 of 39'29, which was shown in the last art. to result from the above hypotheses. The difference appears to have been the effect of migration; a great majority of the settlers having come in their youth, after surviving the period of infancy, and who, had the same number of inhabitants been kept up by procreation only, must have been the survivors of others, whose deaths at earlier ages would have augmented the general mort. In the 8 years ending with 1787, the increase by migration was 511; and the number of births in the same time 2071. The mort. must also have been reduced a little by some of the inhabitants, who had spent the early part of their life in the place, leaving it and dying elsewhere; for with the same number of inhabitants, if there had been no emigration, there must necessarily have been a greater proportion of aged persons, and therefore a greater mort.
Referring to the fluctuations shown in his column of "Expectations" between ages 89 and 96, he says:
There is a peculiarity in the expectations of life according to the Carlisle T. of mort. and that of M. Duvillard, which I have not found in any other. It appears by T. III. that the expectation of life at Carlisle comes to a minimum at the age of 91, where it is 3'26; it then increases until 943, where it is 3'55, a maximum, and then decreases during the rest of life; but is not reduced so low as at 91 until after 97. . . . This may appear paradoxical, but I believe it is conformable to the course of nature. It appears to be supported by M. Wargentin's documents, . . . and the only reason why it is not shown in other T. seems to be, that in constructing them, it has been assumed none survived 100 years.
It is not to be understood from hence that according to the Carlisle T, a man of the age of 95 is likely to live longer than the same individual was at 91. But that out of the persons who attain to 91, those only survive 95, in whom all the powers of life are so exactly balanced, that they are calculated to live several years longer than the common average of those who survive 91; and if they could be selected from the rest at that earlier age, the expectation of life for these select lives would certainly be higher at 91 than at 95. The values of annu, on lives of the different ages above 85 or 90, calculated from these T., necessarily vary in the same manner.
The view here enunciated has, we think, been since confirmed in reference to some of the selected lives of the Gov. annuitants. [GOVERNMENT ANNUITANTS.] [MORT., Law Of.] It was in this careful manner that Mr. Milne guarded and weighed every point. His more general deductions on the law of mort. we shall speak of under MORT., LAW OF ; and his views on the construction of mort. T. will be reviewed under MORT. T., CONSTRUCTION OF. Here is another instance of his minute care :
The practice of vaccination has produced so great a reduction in the general mort., that before we can compare that which has obtained of late in Carlisle, or thoughout the kingdom, with the Carlisle T., we must determine what the general mort. in Carlisle would have been, in the 9 years during which Dr. Heysham's obs. were made, had none died of the smallpox; and then apply the corresponding correction. . . . By the T. of deaths of different diseases of Carlisle, it appears that in the 8 years to which that T. extends, the total number of deaths by smallpox was 238, of which number 225 were under 5 years of age, and 8 between 5 and 10. Although the T. of diseases for 1780 is lost, Dr. Heysham has fortunately preserved the information we want as to smallpox, by remarking in his obs. for the year 1787, that although 90 persons died of that disease in 1779, it produced only 151 deaths in the 8 following years. Whence it is evident that 241 persons died of it in the whole term of 9 years, and 3 only in the year 1780, which 3 we may safely presume to have been all under 5 years of age.. So that if none had died of the smallpox under 5 years of age, the numbers of the living, and of the ann. deaths in that period of life, would have been 10,439 and 655 respectively; ... if there were no mort. from smallpox, about 1 of 43'53 would die ann.
Returning now to the extreme ages of the T., we find the following obs. in continuation of Mr. Milne's remark already quoted thereon:
Retaining 10,000 as the radix of the T., the decrements at the ages 100, 101, and 102 should all be greater than 1, but less than 2; after the age of 102, they should be less than 1; and the T. should in strictness extend beyond the age of 105; for although no person survived that age in Carlisle during the 9 years in which Dr. Heysham's obs. were made, there is no doubt but that some would have done