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it is agreed that the last as well as the first underwriters shall take part in this assu., and that the said ship may sail backwards or forwards, to the right or left hand, and on every side, and to steer any course or degree, and there to abide or remain, whether by force, necessity, or choice, as the commander of the said ship shall think proper. And the said assurers assure the assured from the sea, fire, winds, friends, enemies, letters of marque and counter-marque, from arrests and detainments of Kings, Princes, and Lords, whoever they be, and from all perils and accidents whatsoever that may happen: let it be in what manner it will, or one could imagine it might be, and they insure the assured from everything, and put themselves in his place, to secure him from all loss and damage and if any misfortune should befall the said goods or merchandize (which God prevent), the said assurers oblige themselves to pay to the said assured, or the bearer of these presents, the full sum which every one has underwrote, or the loss which the said assured may have suffered, each in proportion to their obligation, within 2 months next ensuing after they shall be duly advertised of the loss and damage. And in case of such unfortunate accident as aforesaid, the assurers before mentioned have given and do give to the said Nicolas van Eemeren, the assured and his agents, power to use the necessary means for preserving the said goods and merchandize, for the benefit or loss of the said assurers, promising to pay all the charges that shall accrue for the preservation thereof, whether anything be recovered or not; and to give entire credit to the accounts of such charges, as made up by the persons who disbursed them, and made oath to them. And the said assurers acknowledge to have been paid for the consideration and price of this assu. by the hands of John Enriques, at the rate of 7 p.c., and the said assurers agree and consent that this pol. of assu. shall be of as much force as if the same had been made or passed before any magistrate, public notary, or otherwise; all without fraud or deceit.
The Ordin. proceeds:
III. Likewise if any person will make ins. upon his ship, he may do it according to the form and substance of the above policy.
IV. No ins. shall hereafter be allowed to be made in any shape, either by way of assu., wager, or otherwise, upon ships, goods, merchandize, wages, freight, or other things (nothing excepted), which at the time of the assu. have run any risk; nor against the barretry, roguery, or other misbehaviour of the master or ship's crew; abolishing and annulling all usances and customs to the contrary: and in case any contract or agreement shall be made to the contrary, we declare the same to be void, and of no force or value.
This, it will be observed, differs very materially from the Ordin. of Amsterdam; indeed, this particular Ordin. seems framed specially to exclude nearly all those elements of speculation in the contract of marine ins. which previously had existed, and which nearly two centuries later were actually and specifically sanctioned in the Ordin. of Amsterdam and others. The following are the leading stipulations of the Ordin. remaining to be noted. Every one to conform to the custom of the Exchange at Antwerp. If within a year and a day no account of ship and goods is received, loss to be paid, upon proof that such ship and goods were in being at time of ins. being made. Voyage not to be altered; or if altered, ins. forfeited. Ships only to be insured for half their value. No master's or seaman's wages to be ins. All ships and munitions to be valued before ins. made. Ins. upon goods and merchandize first cost whereof was less than £1000 Flemish, owners to keep I-10th of risk. All goods or merchandize to be valued at ordinary rate. Goods to be unladen promptly within 15 days in ordinary cases. Where ins. from "Port to Port," without any mention of landing of goods, risk to terminate 24 hours after arrival of vessel. Double or duplicate insurance not to be made; if made designedly, ins. and prem. to be forfeited. Where this had been done inadvertently, without any fraud intended, first ins. to be liable; if that insufficient, second or other ins. for balance. Where goods not shipped after ins., prem. to be returned, less half p.c. All claims to be made within 4 years. Claims to be paid within 2 months after notice. Then an important regulation as to Bottomré [see BOTTOMRY]. And finally, all contracts, etc., to be made in accordance with this Ordin. "without any one's excusing themselves under pretence of absence, or ignorance, after the expiration of the first six weeks next ensuing.' AORTA. The great artery which proceeds from the left ventricle of the heart. Aortic, relating to the Aorta. Aortitis, Inflammation of the Aorta.
APNEA. This term is used scientifically to express the effects of interrupted respiration, as in the case of drowning, hanging, or noxious vapours. Asphyxia is the term in common use. "For these conditions, however, Apnæa is the proper term; this leads to Asphyxia.” -Hoblyn. APOPLEXY.-A sudden suspension or loss of the powers of sense or motion; the heart continues to act, and respiration is continued, though often with some difficulty.—Class LOCAL; Order, Diseases of Nervous System.
The deaths from this cause in England show a slight increase. In ten consecutive years they were as follows: 1858, 8629; 1859, 8631; 1860, 9181; 1861, 8795; 1862, 9136; 1863, 9721; 1864, 10,322; 1865, 10,215; 1866, 10,297; 1867, 10,406; showing a variation from 448 per million of the population living in 1858 to 501 in 1864, and back again 490 in 1866 and 1867. Over a period of fifteen years ending 1864, the deaths averaged about 457 per million.
The deaths in 1867 were: Males, 5223; Females, 5183. Of the Males, 338 died under the age of 5; 73 between 5 and 10; 37 between 10 and 15; 49 between 15 and 20; 74 between 20 and 25; 234 between 25 and 35; 445 between 35 and 45; 751 between 45 and 55; 1076 between 55 and 65; 1235 between 65 and 75; 788 between 75 and 85; 116 between 85 and 95, and 7 over 95. Of the Females, 249 died under 5; 42 between 5 and 10; 32 between 10 and 15; 73 between 15 and 20; 87 between 20 and 25; 219 between 25 and 35; 359 between 35 and 45; 737 between 45 and 55; 1063 between 55 and 65; 1300 between 65 and 75; 866 between 75 and 85; 153 between 85 and 95, and 3 over 95.
In the Scottish Widows', out of 1398 deaths in 7 years ending 1866, 95 are returned as from apoplexy. Of these, I was under 30; 2 under 35, 4 under 40, 8 under 45, 10 under 50, 9 under 55, 15 under 60, 17 under 65, 13 under 70, 7 under 75, 5 under 80, 3 under 85, and 1 under 90, being at the rate of 6 per cent. for all ages; the mean age at death being 60.
In the Scottish Equitable, out of 1855 deaths in 33 years ending 1864, there were 116 returned as from apoplexy. Of these 6 were under 35, 26 under 45, 39 under 55, 24 under 65, 18 under 75, and 3 over 75.
It may be remarked that until comparatively recently almost all sudden deaths were attributed to apoplexy; whereas, really, the very sudden deaths more frequently arise from diseases of the heart.
APOTHECARIES' ACT.-For regulating the practice of apothecaries, the Act 55 Geo. III., c. 194 (1815), reciting and confirming the charter of the 15th year of James I. granted to the Apothecaries Co., enacts that the So. may appoint persons to enter any apothecary's shop in England or Wales, to search and determine whether the medicines, etc., therein be wholesome, etc.; who may destroy any that may be found pernicious or hurtful, with power to fine offenders, etc. A most important measure for the safety of human life. APPAREL OF SHIP.-The apparel of a ship consists of the necessary rigging, sails, outfit, and equipment, to prepare her for a voyage, or place her in a sea-going condition. APPEARANCE BEFORE THE BOARD.-It was the practice of the earlier life offices to require all persons seeking to be ins. to appear before the Board of Directors personally. We believe the practice is still maintained by the Equitable, and, perhaps, by one or two other offices. În process of time, as L. Ins. extended into the provinces, compliance with this regulation became more difficult, and pecuniary fines were inflicted by way of penalty or compensation for non-appearance. Modern competition has brought about almost a complete abandonment of the practice. We suspect it was a regulation very essential to the earlier offices.
In 1797 the Pelican introduced the following modification: Persons not appearing before the Board, or an agent of the Co., fined as follows: On policies for single year, 10s. p. 100; on policies for terms not exceeding 7 years, 15s. p. 100; on policies for more than 7 years, or for the whole of live, 20s. per £100.
In the Hope Co. (1807) there was the following provision: Persons ins. their lives, and not appearing at the office of the Co., are subject to an add. charge of 155. per £100; but in the event of their appearing before the second ann. prem. fell due, and their health being approved, the add. charge to be returned.
The Imperial in 1820 modified the requirement as follows: Persons whose lives are proposed to be ins. are to appear at the Co.'s office, or before one of the sub-committees in the country, or to one of the Co.'s agents, or pay a fine for non-appearance of 10s. p.c. on ins. for one year; 15s. per cent. on ins. from 1 to 7 years; and 20s. on ins. for longer periods.
Mr. Pocock, writing of the practice in 1842, says:
This fine is required on the ground that a non-appearance amounts in reality to an add. risk: for even where the certificates are quite satisfactory, it sometimes happens that the board of directors will decline the assu. from some obs. of latent disease in the person or countenance, made by the medical advisers, which was not equally evident to others.
Mr. Griffith Davies said (1843): I think I have known only one instance where our directors accepted a life which their medical man pronounced doubtful; but I have known many cases where they rejected lives which were approved of by the medical man. One director says, I do not like his appearance; and another says, Nor do I ; and it goes to the vote, and the individual is rejected.
Mr. Ansell said (1843): There is another advantage which is sometimes derived from men of the world seeing the lives which are proposed for ins., and that is, that men's healths are frequently indicated by their appearance; and it often leads to inquiries as to the parties' habits of life.
The following is as complete a scale of the fines formerly charged as we can compile :
£1 per £100.
Brit. Commercial... £1
West of England...
APPELLANT, THE PARTY APPEALING.-The party resisting the appeal is called the Respondent. APPLICATION FOR INS.—In the U.S. what we here term the proposal for ins., is called the "Application for Ins. ;" and it is there as here regarded as the legal basis of the contract. "The interests of the assu. as well as those of the Co., require that the
questions asked therein should be fully, explicitly, and truthfully answered."-Instructions Connecticut Mut. The New York Life has adopted the excellent plan of appending on a fly-leaf of every policy a copy of the "Application." Any mis-statements orig. made may be seen and corrected.
APPOINTEE.-A person selected for a particular purpose; also a person in whose favour a power of appointment is executed. APPORTIONMENT.-A division of a rent, common, incumbrance, fine, or other charge. The 11 Geo. II. c. 19, s. 15 (1738), apportions rent between the representatives of a deceased tenant for life, and the person succeeding in remainder; and this statute has been extended by Equity to the case of tenant-in-tail. The 4 & 5 Wm. IV. c. 22 (1834), was passed to obviate the doubts which had arisen upon the preceding Act. As to apportionment of annu., see ANNU. APPORTIONMENT ACT. APPORTIONMENT OF FIRE LOSSES.-This term applies to the mode of ascertaining the contributions of various offices, under various policies, in the event of a fire occurring to property the subject of more than one ins. Most fire pol. contain a clause to this effect: In case of the existence of any other ins, or insurances on the property covered hereby, this co. shall be liable only to pay a rateable proportion of any loss or damage which may be sustained along with the office or offices interested.
Specific property, as houses, buildings, household furniture, and even stock-in-trade, although ins. under several pol., may, notwithstanding this clause, be hardly lifted out of the category of ordinary fire ins. adjustments. But when we advance a step further, and reach merchandize ins. in dock, wharves, and bonded warehouses-some portion under specific pol., and the remainder and by far the greater portion under “ floating pol.," subject therefore to the operation of the "average clause "- -we at once discover that the apportionment of fire losses must frequently become technical in the highest degree.
It is no part of the plan of the present work to enter upon technical details of this character. It is enough that we point out the necessities which arise for such information, and as far as possible the sources from whence it may be best obtained.
Mr. Richard Atkins, surveyor to the Sun Fire, in the intro. to his little book On the Average Clause, 1866, gives a very suggestive indication of the considerations involved in the apportionment of fire losses and their causes.
The curiously interwoven combinations of our commercial system are, no doubt, well calculated to originate on every hand questions having, at least, the aspect of novelty. The money advances-the powers of the holders of dock and wharf warrants over pol. of assu.-the limitations and extensions of time for payment and delivery-the beginning and ending of responsibility between buyer and seller-all fruitful sources of inquiries, partly legal, partly technical, the answers to which, however, involve the most important practical results.
a very fair crop of curious and even subtle
In add. to the class of questions just referred to, inquiries have recently arisen in reference to the operation of the modern Average Clause, in the settlement of mercantile claims. By far the greater part of these fortunately admitted of a comparatively easy solution, by appeals to the well-worn traditions of the past. Reverence for ancient and possibly unscientific usages has not entirely died out, and it was found to be the prudent course for all concerned to rely upon well-authenticated precedents for the rules of settlement.
It was Mr. Atkins himself who, in the pages of the Assu. Mag. in 1853, opened up the subject of fire loss apportionments under mercantile pol.; and appeared to suggest that the time had arrived for science to supersede tradition. He commences upon his task as follows:
It is a point well worthy of obs., that while England has been for centuries past so eminently practical in every branch of commercial enterprise, there have been but few attempts made until lately to examine freely the well-worn rules of ins. bus. with a view to alteration. There has prevailed a general, and not altogether unwise, determination to let well alone, and quietly continue the system, however faulty, which experience had shown could lead to an ultimate and satisfactory profit. Our continental neighbours, however, and especially our friends the Germans, have in modern times set a better example, and the pages of this Mag. continually give striking proofs of the careful manner in which facts are now collected on every hand, and brought forward for the purpose of scientific inquiry in all branches of the bus, of ins.
Mr. Atkins continued to ventilate the question further, during a period of several years. Mr. Thomas Miller, then of the Scottish Union, and now of the Royal, contributed an able paper to the Assu. Mag. in 1856, A Problem in Fire Ins.-To apportion a given loss on Property Ins. by Specific Policies. This paper should be read in conjunction with another from the same author.
In 1859 Mr. Miller resumed the consideration of the subject in a paper in the Assu. Mag. (vol. viii.); A Chapter in Fire Ins., "Specific " and "Average." The author says:
According to present practice, when property is ins. both by average and by specific pol., the latter have to bear the whole of any loss which may occur, unless it exceed the total amounts which they ins.; and in that case the excess of loss over the amounts they ins. is covered by the average pol., and is subject to average at the settlement of the claim. As it may be deemed advisable by the offices, at some future period, to make average and specific pol. bear proportionate shares of loss on property jointly ins. by them, it is proposed to determine the rules by which their respective proportions may be ascertained.
This he proceeds to discuss.
In the same year (1859) Mr. David Christie, also of the Sun, read before the Inst. of Actuaries a paper: On the Settlement of Losses by Fire under Specific and Average Pol., separate and combined. The author says:
A note of alarm has been sounded at the present mode of adjusting fire losses under average pol.,
and it will be well, though for other reasons, hereafter to be explained, than those to which it owes its orig., that it be not allowed to die away without some effort to gain additional vantage-ground towards the substitution of a comprehensive and reasonable scheme of apportionment for the mischievous and unsound practice which now exists. The different systems in operation are so unnecessarily complicated, and the machinery by which each is set in motion so rude and unconnected, that the wonder is, not that any attempt at improvement has given rise to a word of warning, but rather that the cumbersome construction should have lasted so long.
In 1866 Mr. Atkins's papers were collected, and with some add. remarks pub. The Average Clause, Hints on the Settlement of Claims for Losses by Fire under Mercantile Pol. This work we have already referred to at the commencement of the present art.
The first work pub. in this country intending to embrace some consideration of all the points necessarily arising under this head, was that by Mr. Wm. Henry Hore, of the Liverpool, Lond., and Globe, pub. 1870: Remarks on the Apportionment of Fire Losses, illustrating by numerous examples the practice of the offices in complicated average and nonaverage cases: and suggesting some means by which the difficulties hitherto experienced in apportioning losses covered by non-concurrent pol. may be avoided in the future.
This work-while not claiming to be exhaustive-has attracted a very large amount of attention; and it is not too much to say of it, that if the book itself did not contain rules for the settlement of the practice, the discussion which has followed upon it has done a very great deal towards this desirable end. In reference to the clause quoted at the commencement of this art., Mr. Hore says:
Great differences of opinion exist as to the proper manner of giving effect to it in cases that frequently occur, where pol. of widely different ranges and (or) conditions, become jointly interested in one loss. Rules (made by the offices from time to time) exist for the regulation of apportionments, but they are all more or less of an empirical nature. In many cases they give anomalous and inequitable results; frequently they are interpreted by different offices as justifying different apportionments of the same loss; sometimes they are disregarded altogether; and they fall very far short of being applicable to all possible cases.
Among the results of Mr. Hore's book was the pub. in the Ins. Record, during the year 1871, of a most valuable series of papers on Fire Loss Apportionments. The writer of these papers appears to have obtained an entire mastery over this complex subject. That which was left obscure previously he has made quite clear-or as clear as the nature of the subject will admit; and in future the apportionment of fire losses should no longer rank among the occult sciences-but must rather be regarded as a well-understood branch of fire ins. knowledge.
The reader should now turn to the art. AVERAGE POLICIES. APPORTIONMENT OF FUnd between Life Tenant AND REVERSIONER.-Mr. Andrew Baden read a very practical paper before the Inst. of Act, 1871, on the equitable apportionment of such a fund. See Assu. Mag., xvi., p. 269. Mr. Jellicoe had read a paper on the same subject in 1855 (Assu. Mag., vi., p. 61); and to re-open some of the principles then laid down was one of the purposes of Mr. Baden's paper. The subject will be discussed under REVERSIONS.
APPRAISEMENT.-The act of valuing property, goods, furniture, etc.
APPRENTICESHIP INSURANCE.-During the reign of Queen Anne-that is, early in the last century-when Lond. ran wild upon ins. projects of every variety, there was introduced a system of "Apprenticeship Ins." Its professed purpose was the providing of means to enable apprentices to set up in business for themselves. The method upon which the bus. was actually conducted was very closely akin to gambling. A mut. contribution was set on foot. Every member agreed to pay a contribution, either at stated periods, or to each claim made, until his own turn came. But instead of the funds being reserved for the actual purpose announced-a purpose in itself most legitimate-quarterly distributions were introduced: and hence we find an announcement: "The apprentices also this first quarter for 2s. 6d. have received 20s. each clear." Thus a species of gambling, pure and simple, was introduced.
We propose now to notice the prominent features of each of these projects of which any trace remains; and this in their chronological order. We have reason to suppose that some hundreds of such offices existed in Lond. alone; whether they extended into the provinces does not seem clear. In order to understand what follows, it is necessary here to explain that the Dividend Sos. were those in which the subs. made periodic payments, and there were periodic divisions of the amount of the subs. paid in up to times of div. The Claim Sos. were those in which the subs. bound themselves to pay up a certain amount to every claim falling in--after the true manner of mut. contribution." The early members were generally promised greater advantages than those who joined later; and the condition of the member receiving the maximum amount advertised was that the so. should "be full❞—that is, have its full complement of members-a circumstance which very rarely occurred.
The "Perpetual Office for the Charitable So. at Lond. Stone," founded June, 1709, which carried on ins. for births, marriages, and endowments, had also an apprentices branch, and announced: "The like tickets for dividends every quarter at the same office for helping apprentices to set up."
Under date 8th May, 1710, we find the following:
This day is opened an office next Gresham College, Bishopsgate-st., to raise a sum of money to enable apprentices to set up their trades when they have served out their times: where any one who
now is, or that is to be, an apprentice may, by paying is. entrance, and 2s. 6d. per quarter, gain probably from £40 to £50 up to £500 or £600.
The Perpetual Office at Lond. Stone made the announcement of certain divisions or dividends in Oct. 1710, and therein was the following: "The apprentices also this first quarter for 2s. 6d. have received 20s. each clear."
On the 30th Nov. the Profitable So. (afterwards called the Flower de Luce Ins. Office), near Lyons Inn, announced the opening of two ins. books on apprentices "that shall serve out their time:" one for £1000 dividend; the other for £500.
On the 5th December, 1710, there was opened at the Lond. Coffee-house, Threadneedlest., eight sos., "4 on apprentices, and 4 on marriages, each consisting of 4000 subscribers, estab. on a new method more advantageous than any other yet on foot, by way of monthly contribution and monthly dividend."
On the same day there was opened at the Bunch of Grapes, near Leg Tavern, Fleet-st., a scheme for ins. of clerks and apprentices. No details.
On the 6th December the Union So., at Black Lyon, Drury Lane, announced 2 offices for apprentices and clerks, one at 5s., with £500 if full; the other Is., and £100 if full. Under date 6th January, 1711, the Original Loyal So., held at sign of City of Chichester, near Spur, in Southwark, announced an apprenticeship scheme. Also 3 sos., clerks, etc., £500, £200, and 100, claim 3 months.
Under date 9th January, 1711, we find the following:
Money for marriages, apprentices, and children on their births, at 7 and at 14 years, is all completely performed at the First and Perpetual Office at Lond. Stone, by the directions of the first inventor, whose sons are to succeed him. Last Wednesday (3rd Jan.), 8 new married for 125. had near £16; and next Wednesday the apprentices for 4s, will receive above £4. Fairness and safety of the office testified by 12 dividends of near £1000 to about 140 persons; and now by 18 months' experience, and above 4500 entries.
This office parades its success, "notwithstanding an exorbitant number of interlopers daily setting up."
On 11th January there was opened at the Noble and Honest So., at the Vine, Newgatest., 3 subs. for apprentices, clerks, and servants.
On 15th January there were opened by the Utible office, 3 div. subs. on servants and apprentices.
On 24th January was opened by the Substantial So. "a general ins. office in St. Lawrence Lane, over against the Three Golden Lyons," a subs. for apprentices duly serving their times, "where security will be given in the hands of trustees for £10,000.'
On 25th January the Third Secure So. announced as newly opened 3 books of subs. on apprentices, by div. £1000, £500, £250.
On 7th February the Fairest and most Beneficial So., at Sword Cutters, Corner of St. Paul's Churchyard, opened a subs. on apprentices and servants.
"The claim of subs. entering before or on 17th inst., may become payable on apprentices and servants in two months."
Same day the Opposing Office, Crown Court, announced subs. for apprentices by weekly or monthly div. "This office meets with very great encouragement by reason the like freedom is not given to the subs. in any yet extant of this nature; neither is there any office like it for profit and advantage to the subs. No time is limited before expiration of an apprenticeship."
On 8th February there was opened at the Union Office, Bishopsgate-st. Without, 3 subs. on clerks and apprentices: 500, £250, and £100.
On 9th February the Hamshire [? Hampshire] So., Bell Court, near Aldersgate, took a subs. for clerks and apprenticeship ins. by claims and monthly div., 10 weeks.
On 15th February the Grand Office of Ins., Crane Court, Fleet-st., opened a subs. on clerks and apprentices, for div.
On 17th February there was announced from "King-st., fronting St. Andrew-st., near Seven Dials," 3 subs. on expiration of clerkship and apprenticeship, "and such are the extraordinary methods used for the ease and encouragement of the subs., that those who enter in thereafter 50s. will have greater claim than the 1st 50, tho' not one enters after them, which is only a supposition, and very improbable."
On 22nd February the Profitable and most Equitable Office announced a subs. for clerks and apprentices-div. 6 months. "In this last so., master, mistress, parent, guardian, or friend, may ins., but no apprentice permitted to do so. This last intimation leads to the inference that complaint had been made of the gambling character of many of the preceding schemes.
On 27th February the Hampshire So. announced a subs. on apprentices by way of claims and dividends.
About this date the Substantial So. announced that clerks and apprentices were entered by them in the same books as servants.
Early in March, 1711, an end was made of schemes ofthis class, by the passing of 9th Anne, c. 6, sec. 57 of which recites :
Whereas several ill-disposed persons, with design to defraud Her Majesty's subjects, have of late presumed to erect and set up offices or places for making ins. on marriages, births, christenings, or service which practices are also prejudicial to the public, etc.