In a work called Le Guidon-supposed to have been written some three centuries ago, but first brought into note by M. Cleirac, in 1661-this class of ins. is fully set forth as follows: 1. In other countries, where the bodies of people may be captured and reduced to bondage, there are various usages for the ins. of the body and lives of men, whether they be of free condition, or slaves, which customs will not be mentioned here, because in France, men of whatsoever nation are of frank and free condition. 2. Notice only will be taken of what is practised in this country [France] by those who undertake distant voyages, as to the coast of Italy, Constantinople, Alexandria, or other like voyages in the Mediterranean and Atlantic Seas, on account of the fear which they have of the galleys, fustes, and frigates of the army of the Turk, or Corsairs, who make a traffic of the sale of Christians, whom they capture as well on sea as on land; which creates occasion for the masters and captains of this country, when they undertake such voyages, to stipulate with their merchant freighters, or others, for the restitution of their persons, in case they are captured; and this they can do even for the people of their crew. 3. In such a case, the master must, in the pol., estimate his ransom, and that of his companions, at so much per head; declare the name of the ship, the stay or touchings which it will make, the duration of each stay, and to whom the ransom is payable. The insurer is bound to pay the sum ins. for the ransom 15 days after verification and certification of the captivity, without waiting for the usual two months' delay; and without other formality of seeing freightage, bill of lading, or charter party, it will suffice to produce the attestation of capture and the policy. 4. Pilgrims going to the Holy Sepulchre of Jerusalem, or on other distant voyages, may effect ins. for their redemption, valued at a given amount. Description shall besides be made of their persons, names, surnames, country, abode, age, and rank; and, moreover, limit shall be made as to within what time they undertake to make and accomplish the voyage; the longest period shall be of three years inclusive, without admitting excuse In imitation of the preceding, those who of illness, or other detention whatsoever. undertake journeys or vows for a lengthened period, or a passage from one country to another, may insure for their ransom. It has been considered by some writers that the mention of ins. in the Laws of Wisby, under date 1541, related to ins. against captivity; but we do not place very much reliance on this code. Malynes, an old English writer upon Marine Ins.,-his work, Lex Mercatòria, pub. 1622, -speaks of a species of ins. practised in his time, in the case of travellers undertaking a See also CASUALTY INS. voyage to Jerusalem or Babylon; but as it appears more nearly to resemble Life than Captivity Ins., we reserve his statement for that head. The famous Ins. Ordin. of France, 1681, contains the following: IX. All seamen, passengers, and others may have ins. made on themselves against slavery. In this case the pol. shall contain the name, country, and place of abode, age and quality of the person whereon ins. is made; the name of the ship, of the port she departs from, and whither she is ultimately bound; the sum which shall be paid in case of capture, as well for the ransom as for the charges of return; to whom the money shall be paid; and the penalty for non-payment. X. We forbid making ins. on the lives of any persons. XI. Those, however, who shall redeem captives may ins. on them the price of their ransom, which the insurers shall pay, if in their way back they be retaken, killed, drowned, or if they die otherwise than by a natural death. Valin, in his Commentary, says: "By application of the disposition of the abovementioned article to a similar case, the custom hath been introduced in France, with may be made on the heads of men, regard to voyages to Guinea, to insure black captives [slaves] from thence to the Colonies." Molloy, writing in 1682, says: "Assurances as if a man is going for the Streights, and perhaps is in some fear that he may be taken by Mores or Turkish pirates, and so made a slave, for the redemption of whom a ransom must be paid, he may advance a premio accordingly upon a pol. of assu., and if there be a caption, the assurer must answer the ransom that is secured to be paid on the policy." It does not seem clear whether the Amsterdam Ins. Ordin. of 1598 contained any provisions regarding ins. against captivity; but a new amplification of the Ordin., promulgated about 1688, provides as follows: That in like manner it shall be permitted to ins. the simple ransom or redemption of captains and sailors who run a risque of being taken by corsairs, and that upon pol. (of which the plan shall be given herewith), the which ought to be marked by the Sec. of the Chamber, who shall have three stivers for each, as for other pol., upon penalty that if they are not marked by the said Sec., they shall not be valid; and that the brokers who shall make any pol. in a different manner shall pay 50 guilders mulct for each, etc. A form of pol. is provided by this Ordinance. [See 1744.] Some assurances are likewise made on the heads of men; as if a man going for the streights, and, perhaps, is in some fear that he may be taken by Moors or Turkish pirates, and so made a slave, for the redemption of whom a ransom must be paid, he may (ere he goes on ship-board) go to the Ins. Office and advance a prem. accordingly upon a pol. of assu.; and if he be taken into slavery in the voyage, the assurer or assurers must answer the ransom that is secured to be paid on the pol. The expression that he may "go to the Insurance Office" requires explanation. The Ins. Office was the office then existing for regulating Marine Ins. ; and the underwriters of marine pol. also undertook these risks against captivity. [CHAMBERS OF INs.] In 1711 there was projected in Lond. the Original Office for Ins. Officers and Seamen, Sums of Money on their being LOST or TAKEN, and relieving their Widows and Orphans. We shall give some more details concerning it under hist. of LIFE INS. In the same year another similar Ins. project “for the encouragement of navigation for masters, mates, and other seafaring men that are burnt, sunk, or taken." This will also be spoken of again under LIFE INS. In the Ordin. of Konigsberg [PRUSSIAN MARITIME LAWS], promulgated 1730, there is the following: X. All ins. on expected gain, wagers, or such inventions, future freight-moneys, seamen's wages, and men's lives, are universally forbid, and declared of no force; the seamen are, however, permitted to ins, what goods and effects they may have; nor is any one going on a hazardous voyage prohibited from ins. by a pol. lawfully executed a certain sum of money for his ransom in case of being taken. The Hamburg Ins. Ordin. of 1731 contains the following: Title 10.-Of assu, against risk from the Turks, and upon men's lives.-I. Although according to the regulation in art. vii. of title 4, the risk against the Turks is commonly included, when an ins. is made against the risk of the sea in general, yet when the same is made upon the risk against the Turks only, whether it be with respect to the ship, or goods, or the liberty and life of any person, then the assurer is only answerable for that, and for no other risk of the sea whatever. II. In all assu, which regard the ransom of a person out of Turkish slavery, or the lives of them, if in the latter case they should be killed in fighting against the Turks, or die in slavery before they are redeemed, the policies numbers 5 and 6 hereto annexed shall be made use of, as before mentioned; and the name, station, and quality of the person upon whose liberty and life the assu. is made must always be express'd therein. III. As soon as advice is received that the person ins. upon is taken and carried in by the Turks, the assurers shall, within the space of two months, pay the respective sums they have underwrote, without deducting 2 p.c. as otherwise is usual, in full of the stock for redemption of slaves at the Admiralty here, and from thence the money is not to be delivered to the party who undertakes the redemption of the person out of slavery, till the prisoner is actually at liberty, and arrived on the Christian shore. IV. If a person carried into slavery, and upon whom assu. is made for his liberty and ransom only, but not for his life at the same time, happens to be killed in an engagement, or dies before he is redeemed, then the money, in case the assurers have already paid it, shall be returned to them, only 10 p.c. of the sum underwrote is to be left behind for the benefit of the wife and children of the deceased, and as to anything else the assu. becomes thereby void. V. But if the assu. is at the same time likewise or more particularly made upon the life of any person, that is to say, in case such person was to die in slavery before redeemed, or be killed in an engagement against the Turks, or otherwise die a natural or accidental death, by water or on shore, during the voyage, then the assurers must pay the sum underwrote by them to the party that made the assu., within the usual time immediately after advices, that may be depended upon, have been received thereof, and been duly intimated to them. VI. By risk from the Turks is only and merely the danger from actual Turks and Barbarians, and not from other pirates or cruizers at sea. The forms of pol. referred to above are then given; they are numbered 5 and 6. The former, which is a L. pol., will be given under LIFE INS. The other is as follows: ... to VI.-Policy against risk from the Turks, and on the money to be paid for ransom.-We, the underwritten assurers, for us and our heirs, assure unto each of us the respective sum signed hereunderneath, at... p.c. prem., upon the person of sailing as... on board of the ship called.... bound from or if this ship should happen to be lost, or by any other means rendered incapable to finish her voyage, then upon such ship or ships, whereon he shall embark himself in order to complete the aforesaid voyage, and on every way whatever, whether by water or by land. Pray God conduct him in safety! We take upon ourselves the hazard and risk of the liberty of this person, the said . . ., in case he should be taken prisoner by any Turkish, Moorish, Barbarian, or other un-Christian pirates and cruizers, and be carried by them into any of their ports into slavery. And if such a misfortune should happen to him, which God forbid! then we promise to pay the sums by us respectively here underwrote into the public bank of this city for the redemption of slaves, towards his release and ransom, within 2 months at furthest after certain advice has been received of his being taken, and upon producing this pol.; with this proviso however, that these sums we have underwrote hereunto shall be employed to no other purpose but the ransom and release of the person above mentioned, and whatever may depend upon procuring him his liberty. We consequently submit ourselves in all these respects to the Ordin. of this City of Hamburg, relating to assu. and averages, with all the clauses and conditions thereof, whether printed or added hereunto in writing, which latter shall be equally valid with the printed ones, or even preferable to them. For the true performance whereof we bind all our goods and chattels, without fraud or deceit. Thus agreed by... Broker, Hamburg, the .., Sworn The Ins. Ordin. of Bilboa, 1738, which in the main merely re-enacts the provisions of an earlier Ordin. of 1560, after forbidding ins. on imaginary gains, and on men's lives, continues : XIII. But all sailors and passengers may freely get the liberty of their persons insured; and in this case the pol, shall contain the name, habitation, age, and condition of him who gets himself ins.; his marks and other circumstances that shall distinguish him; and the name of the ship, the anchoring place where she is, and the port she is bound to; the sum to be paid in case of capture, or bondage, as well for the ransom as charges of returning; to whom the money is to be delivered; and under what penalty; signifying the term in which the ransom ought to be made, by what means, and in whose care the soliciting of it shall be committed. XIV. If it should happen that the assurer having complied with the remittance of the money ins. for the redemption of the captive or prisoner, he should die before being ransomed, or at liberty; the recovery of the money which the insurer shall have disbursed and remitted for the said ransom or liberty shall remain for his account and risk, because in such case it shall belong to him. In the Amsterdam Ins. Ordin. of 1744 there were special provisions regarding ins. CAP against captivity, and a form of pol. was provided. 66 The clauses relating hereto [xiii. and 'No ins. are to be allowed on uncertain xiv.] and the form of pol. we have already given under AMSTERDAM, INS. ORDIN. OF. The Ins. Ordin. of Copenhagen, 1746, says, and precarious things; or imaginary or such kind of profit, or on the men's lives, except for ransoming from Turks and pirates." The Ins. Ördin. of Stockholm, under date 20th Oct., 1750, says: Art. 9. Of insuring the ransom of seafaring persons in case of being taken by the African corsairs.-I. Under this ins. are understood only the dangers and accidents to which a seafaring person is or may be liable from Turkish, Moorish, or Barbarian ships, or corsairs, exclusively of pirates, unless it be otherwise agreed on betwixt the insurers and the insured. II. A seafaring person being taken by the afore-mentioned nations, and carried into slavery, the insurer shall, without any deduction of the 2 p.c. usual in other cases, and within the term of a month after and certain proofs are made of the capture, pay to the true owner of the pol. the sum proper therein insured on his person. The form of pol. given in this Ordin. for this branch of ins. greatly resembles that of Hamburg. Magens, a most learned writer upon marine and other branches of ins., in his Essay on Ins., pub. 1753, says, "All Ordin. of ins. allow such contracts to be made regarding captives in slavery; but the contracts are to subsist no longer than the bondage does, or till the person be redeemed. In Ricard's Negoce d'Amsterdam, pub. about the middle of last century, we find the following: The 24th art. of the first Ordin. of Amsterdam [we do not think the Ordin. of 1598 is here referred to] Mr. Francis, in his Annals, Anecdotes, etc., 1853, gives the following passages in elucidation of the necessity of ins. against captivity : And in those days there was not merely a risk of storm and whirlwind. Man was more cruel than the tempest; and the galleys of the Turks were then as much feared by the masters of trading vessels as the corsairs of the Algerine were dreaded at a later period. They roved the seas as if they were its masters; they took the vessels, disposed of the cargo in the nearest market, and sold the navigators like cattle. The only way of mitigating this terrible calamity was by some mode of ins., to procure their rescue if taken; and we find that to attain so desirable a result they paid a certain prem. to their merchant freighters, who in return bound themselves to pay a sufficient sum to secure the navigators' freedom within 15 days after the certificate of their captivity, the ordinary days of grace being lessened on such policies. In those days also, when crusades were common, and men undertook pilgrimages from impulse as much as from religion, it was desirable that the palmer should perform his vow with safety, if not with comfort. The chief danger of his journey was captivity. The ballads of the fifteenth century are full of stories which tell of pilgrims taken prisoners, and of Emirs' daughters releasing them; but as the release by Saracen ladies was more in romance than reality, and could not be calculated upon with precision, a personal ins. was entered into by which, in consideration of a certain payment, the assurer agreed to ransom the traveller, and thus the palmer performed his pilgrimage as secure from a long captivity as money could make him. It is true that his care for his personal safety may detract somewhat from a high religious feeling; but truth is sadly at variance with sentiment, and the pilgrims of the Crusading period were but too glad to lessen the chances against them. We do not think there can be any doubt but that these captivity ins. led very much up to the practice of L. ins., or that they were often substituted for it in States where L. ins. was forbidden. [CASUALTY INS.] [INS. WAGERS.] [LIFE INS.] CAPTURE.-The taking by an enemy as a prize, in time of open war, or by way of reprisals, with intent to deprive the owner of all dominion or right of property over the thing taken. Its legality or illegality It is deemed lawful when made by a declared enemy, lawfully commissioned, and according to the laws of war; unlawful when it is made otherwise. does not affect the liability of the underwriters as against the insured: whether lawful or unlawful, he is equally liable.—Emerigon; Arnould. The ordinary pol. of marine ins. contains the following: Touching the Adventures and Perils which we the assurers are content to bear and do take upon us in this voyage, they are of the seas, men-of-war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, taking at sea, arrests, restraints and detainments of all kings, princes, and people, of what nation, condition, or quality soever. Far on the horizon's verge appears a speck, A spot—a mast—a sail—an arméd deck.—Byron's Corsair. The underwriter takes upon himself the burden of all loss or damage thus occasioned, whether it consist of injury to the vessel's hull, spars and rigging, by an enemy's shot or shell, or by other hostile acts, or the total destruction of the property insured, by the As, however, merchant vessels do not generally offer operation of the same causes. resistance to the attack of an armed ship, the casualty which most frequently results from hostilities is capture.-McArthur. Captured property is not considered to have been diverted from its original owner until it has undergone sentence of condemnation in a legally constituted court of the enemy [PRIZE COURTS]; but the insured may abandon to the underwriter, and claim for a total 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 prisoners 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 primâ 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 same year. In 1815 Mr. Henry Wheaton pub. in N.V. 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, ZÝMOTIC; 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 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, |