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when insurable, 96, 97

a prepayment of freight distinguished from a loan, 97

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derivation and meaning of the word discussed, 151, note
definition of the term, 152

subdivision into general and particular, 153-155

distinction between these two kinds of, 155

general (see GENERAL AVERAGE)

particular (see PARTICULAR AVERAGE)

AVERAGE ADJUSTERS,

functions of, 173, 189

practice of, 55

AVERAGE AGREEMENT,

general tenor of, 172, 173

Lloyd's form of, 326

Liverpool form of, 327

AVERAGE CLAUSES,

on steamers and iron sailing ships, 276, 315
on goods, 269

AVERAGE WARRANTIES,

the memorandum, 232

on ship, 272, 315

on goods, 265, 314

absolute warranty, 268

BARRATRY,

definition of the term, 128

distinguished from negligence, 129
of the master, 130

of the mariners, 131

loss consequent upon, 131, 132

BLOCKADE,

loss directly occasioned by, is recoverable, 126

loss indirectly occasioned by, is not recoverable, 127

BOILER,

bursting of, is a peril insured against, 133, 192
collapse of, seems to be the same, 116

BOTTOMRY AND RESPONDENTIA, LOANS ON,
insurable by the lender only, 94

must be insured specifically, 97

do not contribute in general average, 173
deficit upon, not recoverable, 136

BOTTOMRY PREMIUMS,

follow the expenditure for which incurred, 264
subject to deduction for improvement, 184
propriety of this practice discussed, 184, note

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CAUSE,

a proximate cause distinguished from a remote, 107

a proximate cause defined and exemplified, 107

a remote cause defined and exemplified, 107

the rule causa proxima non remota spectatur explained, 107, note

indirect results excluded by that rule, 127, 135

in what sense the rule applies to the consequences of an act, 131, 157
its extent, as regards general average, 157

CHARGES, EXTRA. (See PARTICULAR CHARGES.)

under the suing and labouring clause, 223

when claimable under a policy free from particular average, 227–229
as allowed by special clause, 267

of forwarding cargo, how treated, 200, 227-229

of proving a claim, not particular average, 226, 235

of reconditioning cargo, how treated, 229, 235

how treated, in case of under-insurance, 231

CLAUSES, SPECIAL,

average clauses on goods, 269

average clauses for steamers and iron sailing ships, 276, 315
average warranty on goods, 265

average warranty on ship-the "metalling" clause, 272

average, Warranty to be free from all, 268

total loss clause, 275

non-cumulative clause, 259

calling liberties, 88, 90

capture, &c., Warranty to be free from, 119

commencement of the risk clause, 63

continuation clauses, 314, 315

craft and lighterage clauses, 75, 265

deviation clauses, 90, 314

foreign general average clause, 178

"in and over" clause, 125

Lloyd's clauses, 314

Lloyd's warranties, 49

re-insurance clause, 278

running down clauses, 292, 307

thirty days' clause, 81

waiver clause, 284

clauses relative to,

dispensing with proof of interest, 13

fresh meat, insurance of, 135

"no thirds" clause, 276, 315

no deductions for specified periods, 188

outward cargo to be deemed homeward interest, 77

"running landing numbers," 270, 271

seaworthiness on time policy, 25

Suez Canal, grounding in, 265, 314

wharves, warehouses, and inland conveyance, 68
York-Antwerp Rules, 178, 323

COLLISION,

a peril of the sea, 113

partial loss caused by, allowed by Lloyd's Average Warranty, 265, 267

COLLISION CLAUSE. (See RUNNING DOWN CLAUSE.)

COLLISION LIABILITIES,

of the shipowner,

at common law, 285

limited by statute, 285

how computed, in case of sole fault, 287

how computed, in case of mutual fault, 288

principle of a single liability governs all such cases, 289, 302

result of that rule, in case of limitation of liability, 291, 302
examples of the rule as applied to different cases, 303

COLLISION LIABILITIES-continued.

of the underwriter, (See RUNNING DOWN CLAUSE.)
as expressed by the running down clause, 292
contingent upon that of the shipowner, 295
in case of mutual fault, 295

discussed and exemplified, 304-306

COMMENCEMENT OF THE RISK. (See RISK.)

COMMISSION,

on disbursements, when chargeable to underwriters, 264, 265

CONCEALMENT,

what it is, 19

of a material fact, avoids the policy, 19

by principal or agent, 20

what facts are material, 20

what need not be disclosed, 21

obligation to communicate rests equally upon assured and underwriters, 21
but ceases when the slip is initialled, 32

CONSTRUCTION OF THE POLICY,
rules for, 50

CONSTRUCTIVE TOTAL LOSS. (See ABANDONMENT.)

definition of, 138

distinguished from actual total loss, 139

on ship, 139

how computed, 140

when owing to sea damage and ordinary deterioration combined, 194

on goods, 142

how computed, 143

on freight, 144

how computed, 144

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CREW, WAGES AND MAINTENANCE OF,

during detention, not chargeable to underwriters, 135

nor allowable in general average, 167

unless by foreign law, or York-Antwerp Rules, 135, 178, 324

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