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The aid of Dr. Farr had, we believe, been called in by the promoters. A letter of his appeared in the prospectus, wherein he says:
I fully concur in the opinion that the ins. of the collieries of this kingdom would be of great benefit to the colliery int., and to the kingdom at large, by distributing losses over wide areas of such property, and thus preventing disastrous losses to individuals or firms. I think ins. as applicable to collieries as it is to other property.
Mr. Robert Hunt, of the Mining Record office, said:
I am convinced that a system of ins., judiciously organized, would be a means of relieving much of the distress which ever attends a colliery accident, and that the proprietors of coal mines would find it to be greatly to their interest to avail themselves of the advantages offered, as by them the burden of anxiety would be removed, and the fear of loss withdrawn.
Other practical men wrote in favour of the project; but, as we shall presently see, with all this influence, it did not go forward.
Colliery Ins. yet remains an enterprise for future development.
COLLIERY INS. CO., LIM.-This Co. was founded in 1871, with an authorized cap. of £1,000,000, in 100,000 shares of £10; first issue not to exceed 50,000 shares.
The chief objects of the Co. are: (1) the ins. of owners or lessees of collieries against loss in the collieries from explosion and fire; (2) the ins. of individual interests when the colliery as a whole is not ins.; and (3) the ins. of provision for widows, children, and dependent relatives of colliers killed by accidents in collieries.
The prospectus sets out the following facts :-"1. The property in British collieries is valued at 160 millions, and the coal raised adds annually to the national wealth more than 30 millions sterling. 2. There are upwards of 3000 collieries, and on an average accidents happen to one-third annually. 3. The colliers employed in the British collieries number more than 300,000, of whom upwards of 1000 perish ann. by accidents in the pits. 4. But neither the property in British coal mines nor the lives of British colliers are at present protected under any system of ins." And then proceeds:
The public have, therefore, for many years felt the want of an inst. for the ins. of capital invested in collieries, and for the ins, of colliers' lives against casualties arising from pit accidents.
The apparent irregularity and uncertainty of colliery accidents, and the destructive nature of many of them as regards life, have led some persons, unacquainted with the subject, to consider this class of property to be beyond protection by a system of ins. The experience of the last 20 years, however, has demonstrated the fact that colliery ins. may be practised with as much certainty and success as attends any of the ordinary forms of marine, fire, and life ins.
Collieries are properties as accurately planned and as accessible as any manufactories insured against fire, and damage to their works is as readily ascertained.
The Colliery Inspectors' Ann. Rep. to Government furnish reliable data of accidents and loss of life; and returns, collected by gentlemen qualified for the task, give the pecuniary cost of all colliery accidents. Tables constructed from these sources show a recurrence, within given limits, of accidents uniform in number and results, and therefore capable of being provided for by a system of ins.
Graduated prems., calculated upon like principles to those which regulate ordinary ins., prove that an income will be obtained from colliery ins. fully sufficient to cover liabilities and to give very liberal profits to the shareholders of the Co.
General rates have been carefully determined for the coal districts of the U.K., but as collieries differ from one another in respect of physical conditions and modes of working, so the general rate of a district will be modified according to the special circumstances of each colliery.
A general inspection of the collieries under ins., for the private information of the Co., will be carefully maintained. The supervision thus exercised will be a reliable support to the colliery proprietor, and give that protection to the colliers which they will never, perhaps, be able, by legislative enactment, to obtain.
In estab, an office for the ins. of property and life in the collieries of Gt. Brit., this Co. will enter on its bus. with undeniable prospects of success. No single ins. office deals, in actual practice, with one-tenth of the amount of bus, which this Co. will undertake, and it has no competitor.
The cap, of the Co. is amply sufficient for all contemplated purposes. A larger amount, while it diminished dividends, would not add to the power of the Co.
The enterprise was launched under the authority of gentlemen of position and influence. Dr. Farr was announced as at the head of the actuarial department; Mr. Robert Hunt as at the head of the mining and mineral department. The press gave it a good reception. But those practically engaged in colliery enterprise failed to realize the advantages offered, and the project has met with only a limited measure of success. It was part of the scheme to estab. local boards in the mining districts. Mr. Stephen Sleigh was promoter, and Sec. pro tem.
COLLINGRIDGE, AUGUSTUS.-A great promoter of Ins. Cos. of a doubtful class, some twenty years since. The Post Mag. exposed the man and his doings successfully. The following is a list of the chief of the cos. promoted by him :-(1) Merchant Traders Ship, 1845; (2) General Shipping and Freight, name afterwards changed, and founded as General Commission Ship Loan, 1846; (3) Port of London Marine, 1847, of this he was Managing Director; (4) Sea, Fire, Life, 1849, of which he was Man. ; (5) General Freight Assu., also 1849. There were probably several others in which his name did not prominently appear. The history of each of these projects will be given in its alphabetical place. [It seems only fair to state, as the name is an unusual one, that this gentleman was in no way associated with the respected owners and pub. of the City Press.] COLLINS, DIGBY, was Sec. of National Horse Ins. Co. during its brief career. COLLINS, FRANK H. L., Ins. Broker, 82, Cheapside, was trained to ins. bus. in the Legal and Commercial. About 1853 he was appointed Man. of city branch of Unity Fire. He was for a short time Sec. of that Co. In 1860 he became Sec. of Whittington, in which
position he remained until 1864. Mr. Collins is one of the very few who have estab. a successful bus. as a F. ins. broker in Gt. Brit. In the U.S. there are many such. COLLISION [French Abordage].—In a general sense Collision is the act of any two or more bodies coming forcibly together; but in navigation it means the shock of two ships coming into sudden and violent contact at sea, by which one or both may be more or less injured.— McCulloch's Dict. of Commerce.
COLLISION [or RUNNING DOWN] CLAUSE.-The object of this clause in marine ins. pol. is to afford some relief to shipowners in respect of their liability under the "Merchant Shipping Acts," for loss or damage occasioned by the improper navigation of their vessels -and which is not covered in the ordinary form of pol. That liability is fourfold, and arises from the following casualties-1. Loss of life, or injury to any person on board of the defaulting ship. 2. Loss or damage to goods or effects on board of the same ship. 3. Loss of life or injury occasioned to any person on board of the other vessel. 4. Loss or damage caused to the other vessel herself, or to any goods or effects on board of her. The amount of damages recoverable against the shipowner under all these heads taken together is limited to a sum equivalent to £15 p. regis. ton in the case of sailing ships, and 15 p. gross ton in the case of steam ships; but in respect of loss or damage to ships, boats, goods and effects, it is limited to £8 p. corresponding ton. It is in respect of this latter only that the "Collision Clause" comes in; and even here it only ins. up to three-fourths of the value of the loss sustained. The first three heads are ignored altogether. "It is evident (says Mr. McArthur, who treats the subject very ably) that this contracted system of compensation is inadequate to the real wants of the case. It has led to the formation of Shipowners' Protective Asso., and other kindred sos. created to fill up the gaps in the pol. of ins., as well as to gather the golden grain that the underwriters let fall."
There are several varieties of this clause in use, but the following may be regarded as the standard form, as adopted at Lloyds, after communication with the Liverpool Underwriters Asso. and the Salvage Asso. :
And it is further agreed that if the ship hereby ins. shall come into collision with any other ship or vessel, and the insured shall in consequence thereof become liable to pay, and shall pay to the persons interested in such other ship or vessel, or in the freight thereof, or in the goods or effects on board thereof, any sum or sums of money not exceeding the value of the calculated such proportion of threefourths of the sum so fixed as our respective subs. hereto bear to the value of the ship hereby assu., calculated at the rate of £8 p.t., or if the value hereby declared amounts to a larger sum, then to such declared value, and in cases where the liability of the ship has been contested with our consent in writing, we will also pay a like proportion of three-fourth parts of the costs thereby incurred or paid: provided also that this clause shall in no case extend to any sum which the insured may become fiable to pay or shall pay in respect of loss of life or personal injury to individuals from any cause whatever. Mr. McArthur enumerates the following heads of liability attaching to the owner, which are not reached by the "Collision Clause." I. Loss of life or injury to persons in the defaulting ship. 2. Loss of life or injury to persons in the other vessel. 3. Loss or damage to goods and effects on board the defaulting ship. 4. One-fourth of the damages and costs as deducted under the Collision Clause. 5. Damages assessed by a foreign tribunal in excess of £8 p. ton. 6. Loss or damage occasioned by improper navigation without actual contact. 7. Damage to piers, jetties, etc. Adding:
at the rate of £8 p.t. on her regis. tonnage, we will severally pay the assure hereby assu.,
It is not asserted that all these excepted risks should be borne by underwriters. Some of them, especially such as relate to loss of life and personal injury, have been long considered foreign to the contract of marine ins.; and it has also been deemed expedient that the shipowner, by sharing the penalty, should have an interest in preventing, as far as possible, the occurrence of collisions. How far these opinions are correct is a question open to consideration; but it may safely be affirmed, that if marine ins. is to fulfil its mission, the "Collision Clause" must be revised in a liberal spirit.
COLLISIONS [OF SHIPS], GENERALLY CONSIDERED.-From the foregoing it is seen that the subject of Collisions presents itself in many aspects before the underwriter. We can but deal with the question in a somewhat general form here. There can be no doubt that from the great increase of navigation in certain beaten tracks, the risk of accident from collision has been very considerably increased. The practical aspect of the subject ranges itself mainly under two heads:-1. The measures to be adopted to prevent the occurrence of collisions. 2. To determine by whom the loss, when collisions do occur, is to be borne. The remarks we have to make, and the writers we have to quote, generally range themselves under one or other of these two heads.
At Common Law every master of a ship is bound to keep a proper watch at seaespecially in channels much frequented by shipping; and to use every precaution to avoid coming into contact with other vessels. But this matter has been judged too important to be left wholly to depend on the good sense and care of individuals; and with a view to the securing of attention to the subject, and to the obviating the confusion that would unavoidably arise were ship masters left to follow their own ideas respecting it, rules and regulations have been laid down with respect to the courses to be steered when ships are passing each other, the signals to be made during fogs, the number and description of lights to be exhibited at night, and other particulars.-McCulloch.
The possibilities under which a collision may occur and the rules acted upon by
the Court of Admiralty were very happily set forth by Lord Stowell in the case of The Woodrop Sims (1815). In the first place, it may happen without blame being imputed to either party: as where a loss is occasioned by a storm, or any other vis major. In that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame-where there has been a want of due diligence or of skill on both sides. In such a case the rule of law is that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the conduct of the suffering party only, and then the rule is that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down; and in that case the injured party would be entitled to an entire compensation from
In the U.K. while the liability of shipowners had long been limited by statute as regarded their capacity of carriers by sea, they remained liable for the whole amount of the damage faultily occasioned to others in collision, as stated by Lord Stowell, down to 1813, when there was passed the 53 Geo. III. c. 159, section I of which exempts the liability of the owners from :
Any loss or damage arising by reason of any act, neglect, matter, or thing done, omitted, or occasioned, without their fault or privity, happening to any goods, wares, or merchandize, or other things laden on board, or which might happen to any other ship, or to any goods, etc., on board any other ship, further than the value of the ship, and of the freight due, or growing due for the voyage in prosecution, or contracted for at the time of the loss.
This limitation of liability of the owner to the value of the ship and freight is in accordance with the practice of most foreign nations, as provided by their ins. ordin. or otherwise-with this important exception: that whereas in most other countries the value of the ship and freight is to be estimated as it was immediately before the collision, in Great Britain it is held that the value must be taken directly after the collision.
In 1840 the Trinity House promulgated a series of rules for the guidance of vessels under circumstances of threatened collision, or with a view to their avoidance; and while they had not the force of law, yet masters not complying with these regulations were held to be guilty of unseamanlike conduct, and the owners were made responsible for the consequences. The later Merchant Shipping Acts have embodied similar regulations, and therefore we now have actual legislation upon the subject.
By the Merchant Shipping Act, 1854–17 & 18 Vict. c. 104-the liability of the shipowner, in cases of damage to ship or goods, was made to depend upon the actual value of the offending ship, and the freight due or to grow due in respect of such ship during the voyage in prosecution, or contracted for-the value of such ship and freight to be taken as not less than £15 p. ton, when the damage arose in respect of loss of life or personal injury. By the 504th sec. this limitation, however, only applied to cases where the loss or damage happened without the actual fault or privity of the owner. (See 1862.)
At the Social Science Congress held at Bradford, Yorkshire, in 1859, Mr. J. T. Danson, Barrister-at-Law, and Vice President of the Liverpool Chamber of Commerce, read a paper: On the Law of Collisions at Sea, where Foreign Vessels are concerned. The paper is a very able one, and has often been quoted by ourselves and other writers. The
The risk of collision with other vessels is now one of the most serious to which vessels at sea are liable; and the increasing number of powerful steamers running direct courses, and not always slackening speed at night, or in foggy weather, is annually increasing its importance. Where no blame can be imputed to either of the parties concerned, this risk has hitherto been regarded as one of the ordinary dangers of the seas; and as such it may be fully ins. against. But where either vessel is in fault, the risk assumes a new aspect; and it is to this class of cases alone that the present paper has reference.
The point of his paper is this-that the measure of damages against the ship in fault should be made the same whether the ship be foreign or Brit.
By the Merchant Shipping Amendment Act, 1862-25 & 26 Vict. c. 63—it is provided that the owners of any ship, whether Brit. or foreign, shall not, in cases where any damage is by reason of the improper navigation of such ship caused, without their actual fault or privity, to any other ship or boat, or to any goods, merchandize, or other things whatsoever on board any other ship or boat, be answerable in damages in respect of damages to ships, goods, or merchandize, or other things, to an aggregate amount exceeding £8 for each ton of the ship's tonnage. The statute provides further, that where there is a claim in respect of loss of life or personal injury, the owners may be liable to the extent of £15 for each ton of the ship's tonnage; but where there are claims for loss of life, and also claims for damage to ships, goods, or merchandize, the owners shall not be answerable in respect of all the claims to a greater aggregate amount than £15 for each ton. Sec. 33 of this Act, regarding the duty of the commander of the ship in case of collision, has a painful interest at the present moment, in relation to the unfortunate Northfleet; it is as follows:
In every case of collision between two ships it shall be the duty of the person in charge of each ship, if and so far as he can do so without danger to his own ship and crew, to render to the other ship, her master, crew, and passengers (if any), such assistance as may be practicable, and as may be necessary
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 writer.
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 each 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