disapproved, by the courts, in some cases, 7, 54, 112, 191, 193, 233

MASTER, THE. (See SHIPMASTER.)

MATERIALS, OLD,

deducted from the cost of repairs in particular average on ship, 264
whether taken into account in determining constructive total loss on ship,
142, note

MATERIALITY

of representations, 19

of facts concealed, 20

MEAT, FRESH,

loss by decomposition, not covered by the policy, 124, 135
as insured by special clause, 135, note

MEMORANDUM, THE,

object of its introduction, 232

articles specified in the, 234

the specified percentages, how made up—

in general, 234

with respect to goods, 235

with respect to ship, 264

application to different species of goods insured jointly, 237

the words "unless general" explained, 239

conditions necessary to constitute a stranding, 248

effect of stranding, 245

its application, where only a part of the interest insured is at risk, 253
cumulative claims under, 256

MUTUAL MARINE INSURANCE ASSOCIATIONS,

stamp regulations affecting, 35, 42

for protecting the shipowner against risks uncovered by the policy, 299

NAME OF ASSURED,

clause relating to, 55

OVER-INSURANCE,

return of premium in case of, 40

incidental to open policies on ship and freight, 100

OVERLOOKERS, CHARGES OF,

when payable by underwriters, 265

PARTICULAR AVERAGE,

definition of the term, 182

distinguished from general average, 155

distinguished from salvage loss, 204

distinguished from particular charges, 222, 235
percentages of, how composed, 234

on the ship-

how composed, 260

measure of deterioration, 182

deductions new for old, 183

exception for the first voyage, 185

adjustment of, 189

limitation of liability for, 190

in relation to wear and tear, 191

in relation to original defect, 192

articles unduly exposed to risk, 193

sea damage and ordinary deterioration combined, 193

cumulative claims for, 256

when the ship is not restored to her former condition, 260

when repairs on account of shipowners and underwriters respectively

are executed jointly, 261

charges for overtime, 264

charges for overlookers, special agents, &c., 265

cost of raising funds for repairs, 184, 264

commissions on advances, &c., 264

PARTICULAR AVERAGE-continued.

on freight-

mode of adjustment, 198

effect of substituted freight, 198
effect of prepayment, 199

in case of a lump freight, 202

where deduction is made on sea-damaged goods, 203

on goods-

distinguished from salvage loss, 204
total loss of part, 205

rule of adjustment, 207

comparison of gross values, 208

objections to the system examined, 209

objections to adjustment on net values, 211

suggestions for obviating practical difficulties, 213
exception to adjustment on gross values, 214

procedure in case of damage, 215

separation of damaged from sound goods, 215
equality required in terms of comparison, 218
on cotton, 220, 237, note

on different articles insured jointly, 221
on different species insured jointly, 237
as affected by average clauses, 269
reckoning of the series, 271

as affected by the memorandum, 232

PARTICULAR CHARGES. (See CHARGES.)

definition of the term, 222

distinguished from particular average, 222, 235

recoverable under the suing and labouring clause, 227

claimable under a "warranted" policy, when incurred to avert a total loss,
227-229

as allowed by special clause, 265, 267

how treated, in case of under-insurance, 231

whether re-conditioning charges are of the nature of particular average,
235-237

PASSAGE MONEY,

whether insurable as "freight," 84

PASSENGER FITTINGS,

whether covered by an insurance on "ship," 94

PIERS, WHARVES, &c., DAMAGE TO,

not covered by the Running Down Clause, 294
covered by protecting associations, 300

PREPAID FREIGHT. (See ADVANCES, FREIGHT.)