No. 509-VOL. X. OCTOBER 10, 1846. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: We believe we shall be doing service to the public by calling attention to the very general practice, amongst persons who have effected insurances, of not paying the premiums on the day appointed by their policies-relying that the effect of the clause, which, in some form or other, is appended to the policies of most of the London Offices, is to maintain the validity of the policy compulsorily, as against the office, if the payment is tendered within the days of grace allowed by such clause, although the contingency against which the insurance is directed shall have already happened. The practice seems to have arisen out of total forgetfulness of the authorities which already exist upon this point, and their probable effect upon the construction of the conditions annexed by most of the London Offices to their policies. The policies of this society depend, for their effect, so entirely upon the bye-laws, that from a policy alone it cannot be ascertained how the death of the assured, after the annual day of payment, but before actual payment within the further time limited for payment, would operate. The cases of Tarleton v. Staniforth (5 T. R. 695) and Want v. Blunt, (12 East, 183), the latter on a life, the former on a fire policy, and both perfectly agreeing in principle, illustrate fully the point under consideration; and it is proposed, after briefly directing attention to the facts and law of those cases, to shew, by reference to the policies of some of the leading insurance offices, that very numerous parties indeed are annually incurring the risk of loss similar to that which fell on the plaintiffs in the above cases. Tarleton v. Staniforth was an action by the assured against a fire office, to recover for a loss which occurred It will be found, upon examination, that all, or after the annual day of payments, but within the fifteen nearly all, the London Life and Fire Offices make days mentioned in the indorsed conditions, and before mention, in their policies or the indorsed conditions, payment of the premium, which was after the loss, of payment of the premium within some limited pe- tendered and refused. The policy had indorsed upon, riod after it is actually due; and, in the case of life and incorporated with it, a condition, that the assured policies, such postponed payment is sometimes with," shall, as long as the managers agree to accept the same, and sometimes without, a penalty. The custom on life policies seems to have been established with the first office, "The Amicable;" one of the terms, indeed, upon its policies being, that "The contributions are payable yearly from the date hereof; on default for one calendar month, a penalty of 6d. for every 20s. in arrear is incurred; on default for two calendar months, 1s. for every 20s. in arrear; and on default for three calendar months, the policy becomes forfeited. But the insurers have power of re-admission within six months of the avoidance of the policy, the party being in good health, and paying a penalty according to the provisions of the ninth bye-law." make all future payments annually at the said office within fifteen days after the day limited by their respective policies, upon forfeiture of the benefit thereof:" and another, "That no insurance is to take place until the premium be actually paid by the insured, his, her, or their agent or agents." Upon these facts, the court was clearly of opinion, and that point was affirmed in the Exchequer Chamber, (1 B. & P. 471), that the . policy was at end by non-payment on the very day; that the insurance was for a year, and not a year and fifteen days; and that, the receipt of the premium being in the discretion of the insurers, they had clearly a right to refuse to continue the policy. Want v. Blunt was on a policy securing an annuity to the plaintiff, the widow and sole executrix of the assured. The policy witnessed, that, in consideration of a quarterly premium of 21. 13s. 6d. to be paid to the said society during the life of W. W., the assurers covenanted with W. W., his executors and administrators, that, if he should well and truly pay or cause to be paid to the said society the full sum of 21. 138. 6d. on every 25th of March, &c., during the life of the saip W. W., or within such time after the said days respectively as was or should be allowed for that purpose by the rules of the said society, and if he should also pay and contribute his proportion of the monies which the members of the society should, during his life, be called upon to pay and contribute, according to the rules, to make good any deficiency of the funds of the society to answer the claims upon it, then, upon due proof of his death, the society would pay such annuity as therein mentioned. An N. B. was added, that, by the rules of the society, if any member neglect to pay the quarterly premiums for fifteen days after the same shall become due, the policy shall become void, unless the member (continuing in as good health as when the policy expired) pay up, within six calendar months then next, all arrears, together with 5s. for every month after such premium became due, or 5s. for the time elapsed, if less than a month. Among the rules of the society was one to the same effect as the above-mentioned note appended to the policy. W. W. died within fifteen days after a quarterly day of payment, without having paid the quarterly premium, and his executors tendered the money to the society within the fifteen days. Lord Ellenborough delivered an elaborate judgment, deciding that the policy was at an end by the death of W. W. before payment of the premium. In the course of the judgment, the learned lord referred to Tarleton v. Staniforth as decisive of the general point, that the insurance expired with the term, and did not continue during the fifteen days, or enlarged time. By these cases the law has been long perfectly settled; indeed so long, that the decisions and the law appear, as we have above observed, to be actually forgotten in practice. thorities referred to, it appears clear that the mere introduction of a proviso, that if the premiums are not paid within a given time after the day when they are due the policy shall be void, will not have the effect of keeping the policy alive after failure of payment on the proper day of annual payment, it may well be considered whether there is not extreme danger in passing the day fixed by the policy for annual payment, in every case where the condition does not in the most explicit manner make the policy a policy for a year and something more, and not merely a policy for a year, with a clause giving grace in respect of the time of payment. It may be asked, if the Offices do not intend the policy to be capable of being kept in force by a payment after the day, but within the time of grace, what is the advantage of the condition to the insured? And if the answer could be, that there is none, an inference might be drawn in favour of the saving effect of the condition. But the answer is, at least with regard to life policies, that a reasonable construction of the condition is perfectly satisfied by holding the intention to be, merely to avoid the absolute invalidity of the policy, for the purpose of not putting the insured to the expense of effecting a new insurance, and to the pay ment of the advanced premium due to his increased age; and not to save the policy against invalidity for all purposes. (To be continued). An Act for consolidating and amending the Laws relating to Wreck and Salvage. [28th August, 1846.] CAP. C. An Act for the Regulation of Steam_Navigation, and for requiring sea-going Vessels to carry Boats. CAP. CI. [28th August, 1846.] The policies of the Law Fire Insurance Society, and An Act to authorise the Advance of Public Money to a limited САР. СІІ. [28th August, 1846.] time being of the said society shall agree to accept the same, the capital, stock, and property of the said society shall be subject" to pay the amount insured "according to the terms and conditions indorsed on this An Act to make further Provision for the Government of the [28th August, 1846.] CAP. CIII. policy." Among the terms indorsed is the following: Insurances granted for a year, or any longer time, may be renewed within fifteen days after the expiration thereof." And at the end of the fourth condition (and the conditions follow the terms) are the words, Upon default in any of the payments for renewal of any policy at the times respectively limited for that purpose, the insurance on such policy shall cease :" and the fifth condition begins as follows: "No risk upon any insurance proposed to this society is to be considered as having commenced until the premium and duty, or a deposit on account thereof, be actually paid." The policies of most of the London Offices are much in the same form; and recollecting that, by the au New Zealand Islands. CAP. CIV. [28th August, 1846.] An Act to amend an Act for regulating the Sale of Waste Land belonging to the Crown in the Australian Colonies, and to make further Provision for the Management thereof. [28th August, 1846.] 3. An Office to be provided under the Direction of the said commissioners, and signed by two or more of the said Treasury. commissioners, shall be received as evidence of the same re4. Documents sealed by Commissioners to be Evidence.spectively in all courts and before all justices and others, with5. Commissioners to appoint a Secretary, Officers, &c., out any further proof thereof. subject to Approval of Treasury. 6. Payment of Salaries to Commissioners, Officers, and Servants. 5. That the said commissioners may appoint, and at their pleasure remove, a secretary and so many other officers and servants as to them, subject to the approval of the commissioners of her Majesty's Treasury, shall appear necessary for 7. President not disqualified to sit in Parliament. Parliament. 9. Commissioners to exercise Powers now vested in the Board of Trade. 10. Commissioners to report to her Majesty and both Houses of Parliament upon any Case specially referred to them. 11. Commissioners empowered to inspect and survey proposed Railways. 12. Act may be amended, &c. Whereas, by an act passed in the 3 & 4 Vict. [c. 97], intituled "An Act for regulating Railways;" and by another act passed in the 5 & 6 Vict. [c. 55], intituled "An Act for the better Regulation of Railways, and for the Conveyance of Troops;" and by another act passed in the 7 & 8 Vict. [c. 85], intituled "An Act to attach certain Conditions to the Construction of future Railways authorised or to be authorised by any Act of the present or succeeding Sessions of Parliament, and for other Purposes relating to Railways;" and by two other acts passed in the 8 & 9 Vict. [cc. 20, 33], for consolidating in one act certain provisions usually inserted in acts authorising the making of railways, respectively, and by sundry local acts of Parliament, certain powers with respect to railways are vested in the lords of the committee of her Majesty's most honourable privy council for trade and foreign plantations; but it is expedient that a separate department be consituted for these purposes, and for other purposes relating to railways: Be it enacted, that it shall be lawful for her Majesty, by warrant under the royal sign-manual, to appoint any number, not more than five persons, to be commissioners of railways, and from time to time, at her pleasure, to remove all or any of the said commissioners, and to appoint others in their stead, and to appoint one of the said commissioners to be their president; and any two of the said commissioners shall be competent to act in the execution of the powers vested in them by this act; and upon any vacancy in the number of the said commissioners, it shall be lawful for the surviving or continuing commissioners, not being less than two, to act, and their acts shall be as valid as if no such vacancy had occurred; and every such appointment or new appointment, and also the day on which the said commissioners shall begin to act in execution of this act, shall be published in the London Gazette. 2. That from and after the day which shall be so specified in the London Gazette as the day on which the said commissioners shall begin to act in execution of this act, all the powers, rights, and authority now vested in or exercised by the lords of the committee of her Majesty's privy council for trade and foreign plantations by virtue of the recited acts, or by any other act of Parliament, or otherwise howsoever, with respect to any railway or intended railway, shall be transferred to and vested in and exercised by the commissioners of railways, as fully as if they had been named in the said several acts of Parliament instead of the lords of the said committee and all provisions of the said acts shall be deemed to apply to the said commissioners instead of the lords of the said committee; and all proceedings now pending before the lords of the said committee, or carried on under their authority, shall be continued and carried on by and before the said commissioners, who shall have and exercise the same powers, rights, and authority in respect of all such proceedings as if they had been originally commenced before the said commissioners. 3. That an office shall be provided in London or Westminster, under the directions of the commissioners of her Majesty's Treasury, for the use of the commissioners appointed under this act, at or to which all notices and other documents shall be given or sent which are now by law required to be given or sent at or to the office of the lords of the said committee. 4. That the commissioners of railways shall cause a seal to be made for the purposes of their commission, and all orders and other documents proceeding from the said commissioners, and purporting to be sealed or stamped with the seal of the 6. That the president and two other commissioners, and the secretary, officers, and servants of the said commissioners, shall be paid by such salaries as shall be from time to time appointed by the commissioners of her Majesty's Treasury, not exceeding the sum of 20007. in the case of the president, and the sum of 15007. in the case of either of the two other paid commissioners, and, in the case of the secretary and other officers and servants of the said commission, such fit salaries as shall be from time to time appointed, with due reference to their several stations and the duties they will have to perform. 7. That the office of the said president shall not be deemed such an office as shall render him incapable of being elected or of sitting or voting as a member of the Commons House of Parliament, or as shall avoid his election if returned, or render him liable to any penalty for sitting or voting in Parliament. 8. That the office of any other of the said commissioners who shall not be entitled to receive a salary by reason of his appointment to such office, shall not be deemed such an office as shall render him incapable of being elected or of sitting or voting as a member of the Commons House of Parliament, or as shall avoid his election if returned, or render him liable to any penalty for so sitting or voting; and if any such unpaid commissioner shall be a member of the House of Commons at the time of his appointment, his acceptance of such appointment shall not avoid his election or vacate his seat in Parliament; and, for the purpose of distinguishing which commissioners are qualified to sit in Parliament under this act, the warrant appointing any such commissioner shall specify that he will not be entitled, by virtue of such appointment, to receive any salary or remuneration whatsoever. 9. And whereas in some cases railway companies have exceeded the powers given to them under the acts constituting them, or have otherwise acted contrary to the provisions of the said acts, or of the general acts for regulating railways; be it enacted, that it shall be the duty of the said commissioners to prevent any such unlawful proceedings, by the exercise of any powers now vested in the lords of the said committee. 10. That it shall be the duty of the said commissioners to examine and report to her Majesty and both Houses of Parliament upon any subject relating to any railway, or proposed railway, which shall be specially referred to them for their opinion by her Majesty, or by either House of Parliament; and, in the case of any application to Parliament for any act for making or maintaining any railway, it shall be their duty, if so directed by her Majesty, or by the authority of either House of Parliament, to inquire and report, on local inspection or otherwise,― Firstly, whether there are any lines or schemes competing with the proposed railway; Secondly, whether, by such bill, it is proposed to take powers for uniting with such railway, or proposed railway, any other railway or canal, or to purchase or lease auy railway, canal, dock, road, or other public work, undertaking, or easement; Thirdly, whether, by such bill, it is proposed to constitute any branch railway, or any other work in connexion with the proposed railway; Fourthly, whether any plans, maps, and sections of any such proposed railway which, pursuant to any order of either House of Parliament, shall have been deposited in their office, are correct, and, if not, in what particulars and how far they are incorrect, and whether or not, in the opinion of the commissioners, such errors as they shall find are material to the object for which such plans and sections are required. 11. That, for the purposes aforesaid, the said commissioners shall be empowered, by themselves or by such inspectors as they shall appoint for that purpose, to inspect and survey any dated Fund, and Monies in the Exchequer, to the Service of the Year 1846, and to appropriate the Supplies granted in this Session of Parliament. [28th August, 1846]. CAP. CXVII. An Act to authorise the Inclosure of certain Lands pursuant LOCAL AND PERSONAL ACTS, DECLARED PUBLIC, AND TO BE JUDICIALLY NOTICED. proposed line of railway, and, for the purposes of any such survey, they and their inspectors shall have all the powers which, under an act passed in the 4 & 5 Vict. [c. 30], intituled "An Act to authorise and facilitate the Completion of a Survey of Great Britain, Berwick-upon-Tweed, and the Isle of Man," any officers or persons appointed by or acting under the orders of the master general and Board of Ordnance, have, for the purpose of making and carrying on any survey authorised by the lastrecited act; and all the provisions of the last-recited act in anywise relating to any such survey shall be deemed to apply, so far as they are applicable, to any survey which may be directed by the said commissioners under this act, provided that all allowances and payments made under this act of the same kind as those which, by the last-recited act, are to be paid out of the aids granted by Parliament to her Majesty on account of the Board of Ordnance, and also all other expenses incurred An Act for lighting with Gas the Town of Downpatrick, in by the commissioners in making such survey and inspection, shall be paid by the provisional committee or directors, or other persons who shall be the promoters of the said intended railway; and, in case of non-payment of the same in any case, the amount of such allowances, payments, and expenses shall be deemed a specialty debt due to her Majesty from such committee-men, directors, and other persons, and each of them severally, and shall be sued for and recovered accordingly. 12. That this act may be amended or repealed by any act to be passed in this session of Parliament. CAP. CXV. CAP. CXVI. CAP. i. the County of Down. An Act for lighting with Gas the Town and Parish of Radcliff and the Township of Pilkington, or Parts thereof, in the County Palatine of Lancaster. CAP. iii. An Act for better assessing and collecting the Poor-rates, CAP. iv. An Act for granting more effectual Powers for lighting with An Act to enable the United Company of Proprietors of the CAP. vi. An Act for building a Bridge across the River Medway at CAP. vii. An Act for repairing, improving, and maintaining certain CAP. viii. An Act for lighting with Gas the Town of Middleton and its CAP. ix. An Act for inclosing Lands in the Parish of Willingham, in the County of Cambridge, and for draining and embanking certain Fen Lands and Low Grounds in the said Parish. CAP. x. An Act to enable the Company of Proprietors of the Manchester and Salford Waterworks to raise a further Sum of Money. CAP. xi. An Act for altering, amending, and enlarging the Powers and CAP. xii. An Act for enabling the Trustees of the Enfield Chase-road to CAP. xiii. An Act for constructing a Wet Dock and other Works on the South Side of the River Wear, at Sunderland-near-the-Sea, in the County Palatine of Durham. CAP. xix. CAP. xxxiv. An Act for better supplying with Water the Town and En. An Act for granting more effectual Powers for supplying with virons of Boston, in the County of Lincoln. Water the Town of Bury, and the several Townships of An Act for constructing and maintaining an Arcade between Argyle Street and Great Clyde Street, in the City of Glasgow, to be called "The Union Arcade," and for altering the Site of an intended Foot Passenger Bridge across the Clyde at Glasgow. CAP. xlii. An Act for the better and more effectual ascertaining, assessing, collecting, and levying the Poor Rate, and all other Rates and Assessments, in the Parish of Carshalton, in the County of Surrey, and for the better Management of the Business and Affairs of the said Parish; and for other Purposes relating thereto. |