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chapel of St. George at Windsor, and on many other like occasions. It is sometimes termed installation. INSTANT, such a part of duration wherein we perceive no succession; or, it is that which takes up the time only of one idea in our minds. INSTINCT, an appellation given to the sagacity and natural inclinations of brutes, which supplies the place of reason in mankind INSTITUTES, in literary history, a book containing the elements of the Roman law, and constitutes the last part of the civil law. The Institutes are divided into four books, and contain an abridgment of the whole body of the civil law, being designed for the use of students. INSTITUTION, to a benefice, is that whereby the ordinary commits the cure of souls to the parson presented, as by induction he obtains a temporal right to the profits of the living. Previous to the institution, the oath against simony, the oaths of allegiance and supremacy, are to be taken , and, if it be a vicarage, the oath of residence. They are also to subscribe the thirty-nine articles, and the articles concerning the king’s supremacy, and the book of common prayer. INSULATED, in electricity, a term applied to bodies that are supported by electrics, or non-conductors, so that their communication with the earth, by conducting substances, is interrupted. INSURANCE, or Assun ANCE, in law and commerce, a contract or agreement, whereby one or more persons, called insurers, assurers, &c. oblige themselves to answer for the loss of a ship, house, goods, &c. in consideration of a premium paid by the proprietors of the things insured. See Assun ANce. INsu RANce, marine. Insurance is a contract of indemnity, whereby the party, in consideration of a stipulated sum, undertakes to indemnify the other against certain specific perils or risks to which he is exposed, or against the occurrence of such events. The party who takes on himself the risk, is called the insurer; the party protected by the insurance is called the insured; the sum paid to the insurer, as the price of this risk, is called the remium ; and the written instrument, in which the contract is set forth, and reduced into form, is called a policy of insurance. Marine insurance is made for the protection of persons having an interest in ships, or goods on board, from the loss or

damage which may happen from the pe. rils of the sea, during a certain voyage, or for a fixed period of time. In this country all persons, whether British subjects or aliens, may in general be insured; the only exception is in the case of an alien enemy. He cannot maintain an action on a policy on goods, though they were shipped before the war commenced; nor can an agent of such insured maintain the action, though he be a creditor of the insured for more than the sum insured. The statute 6 George I. c. 18, autho. rized the king to grant charters to two distinct companies or corporations, called the Royal Exchange Assurance, and London Assurance; for the insurance of ships, goods, and merchandises, at sea, or going to sea, and for lending money on bottomry. They are invested with all the powers usually granted to corpora. tions, and the privilege of purchasing lands to the amount of one thousini pounds per annum each, to provide a suf. ficient capital to insure all demands on their policies. All other companies are restrained from insuring ships and goods at sea, or lending money on bottomry And all policies made by any other cor. poration, and any copartnerships, shall be void, and the sums underwritten for. feited, and all bottomry bonds deemed usurious: but the right of individual insurers continues as before the act. Contracts made in derogation of the rights of the insurance companies are illegal and void. Ships, freight, goods, and merchandises, &c. are the proper subjects of marine insurance, and there are certain arti. cles which, from motives of public policy, cannot be legally insured in this country, and others which can only be insured under particular restrictions. Insurance being a contract of intlemnity from loss or damage, arising upon an uncertain event, there cannot be an indemnity without a loss, nor a loss without an interest; a policy, therefore, without interest, is not an insurance, but a mere wager. Different persons, having each a qualified property in goods, may insure them to the full value. A reasonsble expectation of profit, on a well founded expectation of a future interest in the thing insured, is an insurable interest. Wager policy. This is usually conceived in the terms, interest or no interest, or, without further proof of interest than the policy, to preclude all inquiry into the interest of the insured, and as a consequence of the insured's having no interest in the pretended subject of the policy, it follows, that the insurer cannot be liable for any partial loss. Issen ANce Re. A policy of insurance being once signed, the underwriters are bound by the terms of it, nor can they be released from their contract without the consent of the insured. But an underwriter may shift it, or part of it, from himself to other insurers, by causing a re-insurance to be made on the same risk, and the new insurers will be responsible to him in case of loss to the amount of the re-insurance. But the reinsurer is only responsible to the original insurer, and not to the original insured. Thus stands the law on this subject in most of the states of Europe; but in England, by the 19 George II. c. 37, re-insurances are prohibited, except in case of the insolvency or death of the original insurer. This has been held to cxtend not only to British, but also to foreign ships. INSURANCE, double, is where the insured make two insurances on the same risk and the same interest. A double insurance, though it be made with a view to a double satisfaction in case of loss, and is therefore in the nature of a wager, is not void. The two policies are considered as making but one insurance, and are good to the extent of the value of the effects put in risk. All the underwriters in this case contribute in proportion to their several subscriptions; and therefore, if the insured should sue only on one of the policies, the underwriters on that policy may recover a rateable contribution from those on the other. Of the voyage. No insurance can be legaliy made upon any voyage undertaken contrary to the laws of this kingdom, or to those of its dependencies, or to the law of nations, and it is immaterial whether the insurer was or was not informed that the voyage was illegal. An insurance, therefore, upon a voyage undertaken contrary to the navigation law, is void. INsu, risks against which may be inade. Insurances may be made against all the risks or perils which are incident to sea voyages, subject, however, to certain exceptions, founded in public policy and the interests of humanity, which require, that in certain cases men shall not be permitted to protect themselves against some particular perils of insurance. But an insurer cannot make himself answera

ble for a loss proceeding from the fault of the insured. No insurance can be made, even against the perils of the sea, upon illegal commerce. In order to confine insurances against real and important losses arising from the perils of the sea, and to obviate disputes respecting iosses from the perishable quality of the goods insured, and all trivial subjects of litigatfon, it appears to be the general law of all states, that the insurer shall not be liable for any average loss, unless it exceed one per cent, beside which, a clause has been introduced into policies, that the insurer shall not be liable for any partial loss under a given rate per cent. In England it is now constantly stipulated in all policies, that upon certain enumerated articles the insurer shall not be answerable for any partial loss whatever; that upon certain others, liable to partial injuries, but less difficult to be preserved at sea, he shall only be liable for partial losses above three per cent. But this does not extend to the losses, however small, called general average, and losses occasioned by the stranding of the ship, and the loss by stranding must be an immediate loss. Commencement and continuance of the risk. In England the commencement of the risk of the ship varies in almost ever case. In outward-bound voyages, it is É. made to commence from her eginning to load at her port of departure. Sometimes privateers on a cruise, ships engaged in the coasting trade, or in short voyages, are insured for a limited period of time; and in such case the risk commences and ends with the term, wherever the ship may then happen to be. If a ship is ensured from the port of London to any other port, and before she breaks ground an accident happens to her, the insurers are not answerable, for the risk does not commence till she sets sail on her departure from the port of London. But if the insurance be allowed, and from the port of London, the insurers are liable to any accident that may happen to her from the time of subscribing the policy. When a ship, expected to arrive at a certain place abroad, is insured at and from that place, or from her arrival there, the risk begins from the first moment of her arrival at the place specified, and the words first arrival are implied, and always understood, in policies so worded. The risk in such cases continues there as long as the ship is preparing for the voyage insured; but if all thought of the voyage be laid aside, and the ship be suffered to lay there for a length of time, with the owner's privity, the insurers are not liable. In English policies, it is usually made to continue only until the ship has moored at anchor twenty four hours in good safety, and on such policies the insurer is liable for no loss after that time. To charge the insurer, it is not enough that a loss has happened at sea, it must appear to have happened in the course of the voyage, and during the continuance of the risk insured. Upon goods, the risk does not commence until they are actually on board the ship, and therefore the insurer is not answerable for any loss or damage which may happen to them while they are on the passage to the ship, and, in general, the risk on goods continues no longer than while they are on board the ship mentioned in the policy, and that if they be removed from on board that ship and landed, or put on board another ship, without the consent of the insurers, the contract is at an end. Policies, with reference to the reality of the interest of the insured, are distinguished into interest and wager policies; with reference to the amount of the interest, they are distinguished into open and valued. An interest policy is where the insured has a real, substantial, assignable interest in the thing insured, in which case only it is a contract of indemnity. A wager policy is a pretended insurance, where the insured has no interest in the thing insured. Insurances of this sort are usually expressed by the words interest or no interest, or without further proof of interest than the policy, or without benefit of salvage to the insurer, and these are wholly illegal. An open policy is where the amount of the insured is not fixed by the policy, but is left to be ascertained by the insured, in case a loss should happen. A valued policy is where a value has been set on the ship or goods insured, and the value is inserted in the policy in the nature of liquidated damages, to save the necessity of proving it in case of total loss. Every fact and circumstance relating to the contract of insurance must be stated with the most scrupulous regard to truth. The voyage insured must, therefore, be truly and accurately described in the policy; namely, the time and place at which the risk is to begin, the place of the ship's departure, the place of her destination, and the time when the risk shall end; whether on goods or on the ship. If a blank be left for the place

either of the ship's departure or destination, the policy will be void for the uncertainty. A warranty is a stipulation or agree. ment on the part of the insured, in nature of a condition precedent, or thing absolutely and strictly to be performed, as the very basis of the contract; as that the thing insured is neutral property; that the ship is of such a force, that she sailed, or was well on such a day, &c.; or as that a ship shall sail on or before some given day; that she shall depart with convoy; that she shall be manned with such a complement of men, &c. These warranties are either expressed or implied. An implied warranty is that which reasonably results from the nature of the contract, as that the ship shall be seaworthy when she sails on the voyage in. sured, that the voyage is lawful, and shall be performed according to law, and in the usual course, and without deviation. There are five things essential to a sailing with convoy : 1. It must be with the regular convoy appointed by government. 2. It must be from the place of rendezvous appointed by government. 3. It must be a convoy for the voyage. 4. The ship insured must have sailing instructions. 5. She must depart and continue with the convoy till the end of the voyage, unless separated by necessity. Neutral property, in the sense of which that expression must be understood in this warranty, is that which belongs to the subjects of a state in amity with the belligerent powers. The documents requisite for neutral ships are : 1. The passport. 2. The sea-letter, or sea-brief. 3. The proofs of property, which ought to show that the ship really belongs to the subjects of a neutral state. 4. The muster-roll. , 5. The charter-party, 6. The bill of lading. 7. The invoices. 8. The log-book, or ship's journal. 9. The bill of health. But though the want of some of these papers may be taken as strong presumptive evidence, yet it is not conclusive evidence against the ship's neutrality. Representations. A representation in an insurance is denoted to be a collateral statement, either by word of mouth, or in writing, of such facts or circumstances relative to the proposed adventure, and not inserted in the policy, as are neces. sary for the information of the insurer, to enable him to form a just estimate of the risk. A misrepresentation in a material point avoids the contract; and the insured cannot recover on the policy for loss arising

from a cause unconnected with the fact misrepresented. So if it be made without knowing whether it be true or false, preven if the person making it believe it to be true; but if he only give it as his belief, without knowing the contrary, it will not affect the contract. Concealment consists in a fraudulent suppression of any fact or circumstance material to the risk. This, like every other fraud, avoids the contract ab initio, upon principles of natural justice. But it is not merely on the ground of fraud that a concealment avoids the contract; even an innocent concealment of material facts will avoid the policy. Sea-worthiness. In every insurance, whether of ship or goods, there is an implied warranty of the sea-worthiness of the ship, that is to say, that she shall be tight, staunch, and strong, properly manned, and provided with all necessary stores, and in every other respect fit for the voyage. Deviation, is a voluntary departure, without reasonable cause, from the regular course of the voyage insured. From the moment this happens the contract becomes void. The course of the voyage does not mean the nearest possible way, but the usual and regular course. Accordingly, stopping at certain places on the voyage is no deviation, if it be customary so to do ; but such usage can only be supported by long and regular practice. Loss, is either total or partial. The term total loss means not only the total -destruction of, but also such damage to the thing insured, as renders it of little or no value to the insured, although it may specifically remain. Thus, a loss is said to be total, if, in consequence of the misfortune that has happened, the voyage be lost or not worth pursuing, and the projected adventure frustrated; or if the value of what is saved be less than the freight, &c. . A partial loss is any thing short of a total loss; such losses are sometimes styled average losses. Losses by perils of the sea are generally understood to be such accidents or misfortunes as proceed from sea damage; that is to say, such as arise from stress of weather, winds, waves, lightning, tempests, rocks, sands, &c. If a ship be not heard of for a reasonable time, she shall be presumed to have foundered at sea, and the insured has a right to recover, as such, from the underwriter. A loss by fire, which is merely accidental, and not imputable to th master or mariners, is undoubtedly within VOL. VI. e

the policy. If a ship be burnt by order of the state where she happens to be, to prevent infection, this also has been held a loss within the policy. If a ship be attacked by an enemy, and the captain, unable to defend her, leave and set fire to her, to prevent her from falling into the enemy’s hands, the insurer is said to be liable. Capture is where a ship is taken by an enemy in war, or by way of reprisals, or by a pirate. Capture may be with an intent to possess the ship and cargo, or only to seize the goods on board as comtraband; the former is a capture, the latter only an arrest or detention. Every capture, whether lawful or unlawful, is within the policy provided the words of the policy be sufficiently comprehensive. Where the ship is re-captured before abandonment, it is a partial loss; and the insurer is bound to pay the salvage, and other necessary expenses the insured may have incurred to recover his property. In-general, wherever a ship is taken by the enemy, the insured may abandon, and demand as for a total loss; but he is not bound to abandon; if he do, the insurer, in case of re-capture, will stand in his place, and is liable for all fair charges occasioned by the capture. Loss by detention of princes, &c. There is an obvious difference between this and capture; the object of the one is prize, that of the other detention, with a design to restore the ship or goods detained, or pay the value to the owner: and though neither of these should be done, still it must be considered as the arrest of princes, the character of any action depending on the original design with which it was done. An arrest of princes may be at sea as well as in port, if it be done from public necessity, and not with a view to plunder. Loss by barratry. Barratry is any species of fraud committed by the master or mariners, whereby the owners sustain an injury; as by running away with the ship, wilfully carrying her out of her course, sinking or deserting her, embezzling the cargo, smuggling, or any other offence, whereby the ship or cargo may be subjected to arrest, detention, loss, or forfeiture. No fault of the master or mariners amounts to barratry, unless it proceed from an intention to defraud the owners; therefore a deviation, if made through ignorance, unskilfulness, or an motive which is not fraudulent, idio. it will avoid the policy, does not amount to barratry. Loss by average contributions. The

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goods on board are, in proportion to their respective interests, liable to contribute towards any particular loss or expense incurred for the general safety of the ship or cargo, so that the particular loser may not be a greater sufferer than the other owners of the goods. Thus, where the goods of a particular merchant are thrown overboard to lighten the ship ; where the masts, cables, anchors, or other furniture of the ship are cut away, or destroyed, for the o of the whole; in these, and similar cases, the loss is the proper subject of a general contribution, and ought to be rateably borne by the owners of the ship, freight, and cargo, so that the loss may fall proportionably on all. As to the articles liable to contribute, the rule is, that the ship, freight, and every thing remaining of the cargo, is subject to this charge; therefore, money, plate, and jewels, are as much liable as more heavy and bulky goods. But the persons on board, their wearing apparel, and the i." belonging to it, shall not contriute; neither are seamen's wages liable to eontribute. Loss by expense of salvage. At common law, the party has a lien on every thing saved, till payment of salvage; but the regulations now principally in force are ascertained by the statutes 12 Anne, c. 18, 26. Geo. II. c. 19, 33. Geo. III. c. 66. The insured need not in his action declare for salvage, but may recover under a declaration for the loss which occasioned it, and the damage which the goods have sustained. In case of neutral ships captured by the enemy, and retaken by British men-of-war, or privateers, the Court of Admiralty has a discretionary power of , adjusting the salvage. Before an action will lie for a loss by payment of salvage, the amount must be ascertained by decision of the Court of Admiralty. .#bandonment. The insured may abandon in every case, where, in consequence of any of the perils insured against, the voyage is lost, or not worth pursuing; where the thing insured is so damaged as to be of little or no value to the owner, where the salvage is immoderate, where what is saved is of less value than the freight, or where further expense is necessary, and the insurer will not undertake to pay that expense, &c." Shipwreck is generally a total loss. What may be saved of the ship or cargo is so uncertain, that the law cannot distinguish this from the loss of the whole. But a mere stranding of the ship is not of

itself a total loss; it is only where the stranding is followed by shipwreck, or the ship is otherwise incapable of prosecuting her voyage. Return of premium. The premium is to be returned in all cases where the contract is void for want of interest; which may be either total, as where the insured has nothing on board the ship; or partial, where he has some interest, but not to the amount in the policy; and it is a general rule, that, wherever insurance is made through mistake, misinformation, or other innocent cause, without interest, or for more than the real interest, there shall be a return of premium. On a wager policy, the insured cannot recover back the premium, at least after the risk is run. This policy is void, as being without interest, but both parties being guilty of a breach of the statute 19 Geo. II. c. 37, the rule, that where both arties are equally criminal, the possessor has the advantage, applies, and the insured cannot recover back the premium. INsun Asce upon life, is a contract, by which the underwriter, for a certain sum, Fo to the age, health, and proession of the person whose life is the object of the insurance, engages that the person shall not die within the time limit. ed in the policy; or, if he do, that he, the underwriter, will pay a sum of money to the person in whose favour the policy is granted: and in this, as well as in marine insurances, the party must have an actual interest. INsun ANce against fire, is a contract by which the insurer undertakes, in consideration of a premium, to indemnify the insured against all losses which he may sustain in his house or goods by means of fire, within the time limited in the policy. INTEGER, in arithmetic, a whole number, in contradistinction to a fraction. INTEGRAL, or integrant, in philosophy, appellations given to parts of bodies which are of a similar nature with the whole: thus filings of iron have the same nature and properties as bars of iron. INTEGRAL calculus. See CALct los. INTEGUMENTS, in physiology, denote the common coverings which invest the body, as the cutis, &c. The common integuments are the skin, with the fat and cellular membrane adhering to it. The term integument is also extended to the particular membranes which invest certain parts of the body, as the coats of tunics of the eye. INTELLIGENCE, in a military sense, may be variously applied, and of course

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