Silence in reply to tender of abandonment means declining, 149 Skins" in memorandum does not include furs, 173 Slip, 12, and Appendix A merely a memorandum of the risk, 13 of no legal value except for fixing date of acceptance of risk, 13 terms of risk taken as definitely fixed by slip, 13 information arriving after signature of, need not be communicated reason, 14 usually taken to be less binding on assured than on underwriter, 14 erroneously, as it is submitted, 14 particulars of adventure given in, 23, 24 effect of stamping, 13, 24 Small Damage Clubs, 240 Smoke damage, 105 Smuggling, foreign, not in English law, illegal trading, 269 "if incurred," 186 "for which underwriters would otherwise be liable," 186 may constitute constructive total loss, 154 such settlement may almost amount to paying for vice propre, goods of different, insured on one policy, treated as if each loss of whole, claimable on free of particular average policy, 191 issuing alleged copy of policy when no stamp policy is in existence,*22 duty on policies at premium not exceeding one-eighth per cent, 22 voyage policies, 22 time policies, 22, 23 canal risks, 24 river risks, 24 lake risks, 24 American lake risks, 24 Stamp, if affixed to slip, does it make slip legal evidence of insurance. contract? 24 recovery of spoilt or unused, 25 correspondence with Board of Inland Revenue, 25 regulations and duties, suggestions for revision and alteration of, 25, 26 Stamp Act of 1891, §§ 91-97, and Schedule, 19-23 Statutes quoted : 43 Elizabeth c. 12; I 19 Geo. II. c. 37; 68, 77 28 Geo. III. c. 56; 31 35 Geo. III. c. 63; 28, 36, 129 54 & 55 Vict. c. 39; 19-23 57 & 58 Vict. c. 60; 244 I Edw. VII. c. 7; 237 Stowage, improper, claims for, excluded from full protection policy, 258, 259 Strand, meaning of words " or the ship be stranded," 174-178 what does not constitute, 174 not striking ground or anything firmly attached to it, 174 means remaining perceptibly fast for appreciable time, 175 e.g. vessel aground fifteen to twenty minutes stranded, 175 implies settling of the ship and interruption of voyage, 176 Baily's theory that centre of gravity of ship must be supported by must be fortuitous and not part of customary navigation on voyage e.g. not grounding in tidal river, 176 or in tidal harbour, 177 unless entered for refuge, 177 voluntary. See Beaching beaching constitutes, 177 of lighter not equivalent on ordinary policy to strand of ship, 177, must occur when goods on board ship to establish claim on goods under memorandum, 178, 179 Subrogation to underwriter of assured's recovery from lighterman, 51 rights obtained by underwriter through, not limited to amount he effect of doctrine of, as regards amounts recovered for collision Substituted cargo, freight of, how to be treated, 164, 165 Expenses. See General Average Sue and Labour Clause, 120-126 a supplementary side contract, 120 deals with particular charges, 120, 226 effect of clause taken together with waiver clause, 121 object of clause, 121 refers only to accidents actually occurred, not to efforts to avoid why containing no provision for assurer's expenses, 121 operations frequently undertaken by salvage associations, 123 expenses under, incidence of, 124 if exceeding values saved, 124, 125 apportioned over insured values as far as regards under- recapitulation, 125, 126, 226, 227 does not include operations of salvors at sea or speculative salvors, does not include General Average, 126 includes certain particular charges, 222 e.g. charges of forwarding cargo to avert total loss of freight, ambiguity of wording of, 223, 224 deals only with expenses incurred on behalf of special interest expenses incurred under, must not be excessive, 226 expenses incurred under, must not be for work done in foolhardy expenses distinguished from General Average Expenditure, 226, 227 Suez Canal grounding clause incorporated in 1883 F.P.A. clause, "Sunk.or burnt" generally added to memorandum since 1860, 180 Sur bonnes ou sur mauvaises nouvelles, 35 Surprisal, 114. See Capture Survey, cost of, apportioned over interests concerned, 219 TACKLE covered by policy on ship, 45 Tail Series, 194 Takings at Sea, 114. See Seizure Terminus a quo of voyage, 37 (bis) ad quem of voyage, 37 (bis) Temporary repairs, when charged to underwriters, 214 Theft, petty, 113. See Pilferage Thieves in the sense of the policy not mere pilferers but violent pillagers, 113 better described as assailing thieves," 113 Thirds, deduction of, 218 "no thirds" clause, 218 Thirty days after arrival, 55 Time, insurance on, 228-242 policy on goods and effects, 230 two methods of working, 230, 231 policies in use on the Continent, 231 on freight, 232, 233 on ship, 233-242 rare in case of sailers, 233 usual in case of steamers, 233 policy wording for steamers, 234 composition of wording for steamers, 234 intention of, 235 begins and ends with Greenwich mean time, 235 reason, 235 provisions of franchise apply to each separate voyage, 235 freight, 232, 233 ship, 233-242 exempt from warranty of seaworthiness, 242, 272 reason, 271 reform suggested, 272 clause embodying suggested reform, 272 limit of floating policy, 231 policy, 18 may not extend beyond twelve months, 20, 23 if exceeding six months, 23 Titles (titres) not insurable as "goods and merchandises," 45 Total loss defined by Phillips, 146 of ship and cargo, 144-159 freight, 160-167 other interests, 167 actual, of ship by foundering, 144, 145 missing, 145 by other casualties, 145 barratry or mutiny, 145 constructive, of ship, 146, 147 of goods, 153-159 when determinable? 159 of freight from detention, 166, 167 documents substantiating, must be supplied free of charge, 168 Total loss of any package in transhipment included under 1883 F.P.A. clause, 187 of part, 190 Touch and stay, 58-61 clause controlled by words "in this voyage," 58 affected by clause granting all liberties as per Bill of Lading, closely restricted to main object of voyage, 59 Lord Mansfield's exposition of, 60 justified if in attempt to save life, 60 by repair of damage arising from perils insured against, 60 vessel in, collision of, 253 "Towing and being towed" covered by steamer time wording, 235 See Insurable Interest Transhipment, certain losses in, covered by 1883 F. P. A. clause, 187 meaning of, 187 Transport, 46 Trial trips covered by steamer time wording, 234 Tug, 253 is merely supplier of necessary motive power for ship, 254 "U.K. Cont," meaning of phrase, 40 Ulrich, Rudolph, Tables of General Average, 307 Undermanning, 274 Underwriter or assurer or insurer, 1, 11, 18, and passim etymology of word, II authority of, for sue and labour operations, 125 Ordinance of Louis XIV., 64 not prescribed in French Code of Commerce, 64 "United States," meaning of expression, 40 "Unless" in memorandum denotes exception, not condition, 174 burden of proof generally on underwriter, 273 exceptionally on insured, 273 becomes increasingly difficult to prove, 273 on account of Registry requirements, 274 Board of Trade regulations, 274 Unseaworthy, if vessel so for one stage of voyage, policy thereafter void, 271 Upheaval of reefs may be peril of the seas, 99 Us et coutumes de la Mer, 5 Usage, 132-134. See Custom and Policy valid, is part of the contract (Duer), 133 |