10. If the claim shall be in any respect fraudulent, or the fire shall be occasioned by or through the procurement or connivance of the insured, all benefit under this policy shall be forfeited; and in all cases where the policy is void, or has ceased to be in force under any of the foregoing conditions, all monies paid to the company in respect thereof shall be forfeited.

11. The company may, if they shall think fit, rebuild, reinstate, or restore, the property damaged or destroyed, instead of paying the amount of the loss or damage, and may join with any other company or insurers in so doing in cases where the property is also insured elsewhere.

12. On the happening of any damage by fire to any building, or property or effects within a building, in respect of which a claim is, or may be, made under this policy, the company may, without being deemed wrong doers, by their authorised officers, agents, and servants, enter into, and for a reasonable time remain in possession of, such building, property, or effects, for all reasonable purposes relating to, or in connection with, the insurance hereby effected (b).

(b) This condition is new, and seems scarcely necessary, and may perhaps be classed among those clauses which are but expressio eorum quæ tacitè insunt. Ante, p. 45. See also Roth v. Stephenson, C. P., 3 July, 1866; Insurance Gazette, 1 August, 1866.

Note. At the time of the publication of this work, it is understood that no common form of policy has been approved by the fire offices, but that the adoption of such a form is still in contemplation. The above is given as not very unlike that which the policy may probably hereafter assume. For reference to the body of the work the reader is requested to refer to the Index.

INDEX.

ABANDONMENT, not allowed in fire insurance, 104.
ACCIDENTAL FIRES, statutory exemption from liability for, 158.
do not include fires caused by negligence, 159.
provisions of the Code Napoleon, 168.

ADJUSTMENT, not conclusive until payment, 112.

AGENT, employed to effect a policy, is responsible for so doing, 47.
AGENT OF THE OFFICE, his duties in receiving a proposal, 47.
cannot compel his office to accept it, 47.

receipt of renewal premiums by, 83.

ALIEN ENEMY, 24.

ALTERATION, not altering the description, 69.

by introduction of hazardous process, 69.

ditto or machinery, 72.

conditions respecting, 73.

in trade, 77.

APPORTIONMENT BETWEEN CO-INSURERS, 114.

ARBITRATION, condition for reference to, 107.

under the Common Law Procedure Act, 109.

ARSON, definition at Common Law. There must be burning, with malice, of the

house of another, 198.

provisions of the Statute Law, 199.

threatening letters, 202.

attempts to commit, 204.

ASSIGNMENT OF POLICY, not allowed without the consent of the office, 10,

143.

but a lien may be given, 13.

AVERAGE, conditions of, 3, 102.

contributions for losses between policies containing conditions of, 119.

BAILEE, insurable interest of, 18.

not generally responsible in case of fire, 18.

may agree to be responsible without granting a policy, 22.

✔ BANKRUPT has an insurable interest in the estate, 23.
and his assignees may divest themselves of a lease, 131.
BUILDING ACTS.

Metropolitan Act.

provisions for diminishing the risk of fire, 170.

appeal by District Surveyor on neglect of builder to comply therewith, 174.

BUILDING ACTS-continued.

as to structures rendered dangerous by fires, 175..
Chimney Sweepers' Regulation Act, 176.

Districts beyond the Metropolis.

Towns Improvement Clauses Act, 180.
Local Government Act, 180.

Special Acts (see Liverpool, Manchester, Salford, &c.), 185.

CAPE COLONY, Stamp and Licence Act, 1864, 30.
CARRIER, how far responsible in case of fire, by land, 19.

ditto, by water, 21.

CAUSA PROXIMA NON REMOTA, 33.

CAVEAT EMPTOR, maxim of, does not apply to fire insurance, 59.
CHIMNIES, statutory provisions for safety of, 176.

penalties for fires in, 179, 182.

✓ CHURCH, liability to rebuild in case of fire, upon whom incumbent, 17.
insurance of, should be recommended by rural deans, 17.

CLAIM, in case of, conditions of policy must be complied with, 90.
fraudulent or excessive, 91.

can only be made for the actual value of the property lost, 93.

for buildings, 93.

for goods in the hands of the manufacturer, 98.

ditto dealers, 98.

for farming stock, 99.

for merchandise, 99.

CONCEALMENT of material facts vitiates the policy 58.
CONDITIONS as to goods in trust, 7.

as to explosion, 34.

as to gunpowder, 37, 39.

as to use of gas, 40.

as to losses by lightning, 40.

as to damage in process of manufacture, 41.

ditto by natural heating, 41.

ditto by invasion or riot, 42.
ditto by removal, 43, 85.

ditto by theft, 44.

as to alterations, 71.

as to notice and proof of loss, 90.

as to reinstatement, 94.

as to arbitration, 108.

as to assignment and transfer of policies, 10, 143.

as to apportionment of loss where more than one office, 115.

as to value payable, 93.

as to sale or market price of goods destroyed, 101.
of average, 3, 102, 119.

✓CONSPIRACY TO COMMIT ARSON, 204.
CONSTRUCTION, general rules of, 53.

weight given to the written part of the policy, 54.

CONSTRUCTION-continued.

that is to be adopted which will reconcile the whole, 55.
not governed by the practice of other companies, 56.
of void as voidable, 57.

of words of warranty, 65.

CONTRIBUTION between specific insurances, 114.
ditto when non-concurrent, 117.

when conditions of average apply, 119.
COVENANT TO INSURE, correct form of, 132.

is a usual covenant, 133.

whether it runs with the land, 133.

is strictly construed and must be strictly fulfilled, 134,
right of re-entry on breach of, 134.

reasonable time allowed to perform, 135.

office cannot remedy breach of, 135.

breach of, by sub-lessee, 135.

non-literal performance, when sufficient, 136.

waiver of breach, by consent, by acceptance of rent or distress, 136.

breach of, is a bar to a bill for specific performance, 137.

assignee of reversion cannot take advantage of prior breach, 137.

on breach, no equitable relief, except by virtue of the statute, 137.
condition of sale as to, 146.

objection to catching condition, 146.

condition not to protect future breach, 146.

COVENANT to repay cost of insurance, 135.

✔ COVENANT not to carry on offensive trade, dangerous deposit of lucifers no breach,
136.

DAMAGE done to save other property, 45.

DAMAGES, a jury is now empowered to grant interest in the nature of damages, 113.
DANGEROUS TRADES, statutory provisions respecting, 189.

indictment for carrying on, 208.

✓ DAYS OF GRACE, when allowed, 79.

when not allowed, 83.

✓ DEEDS AND WRITTEN SECURITIES, not insured, 43.

how far a warranty as to present and future state and use of the premises, 67.
✓ DEVISEE, under condition to uphold and repair, liable for loss by fire after accept-

ance of gift, 131, 132.

interest of, in policy of testator, 155.

DILAPIDATIONS, liability for, of rectors and other ecclesiastical persons, 17.
DISCLOSURE OF MATERIAL FACTS, 58.

DOCK COMPANIES, provisions for the prevention of fires in Special Acts, 186, 201.
DUTY, see Stamp Duties.

return of, in policies for terms of years where interest ceases, 86.

✔ EDINBURGH, Special Acts, 187.

FQUITY, interference by Court of, 51.

EVIDENCE, the jury is the judge of, under direction of the Court, 78.

finding contrary to the, new trial, 78.

to support a claim, 91.

to support plea of arson, 205.

EXECUTORS, not responsible in case of fire, 23.

whether responsible for discontinuing to insure, 23.
may be bound when there is an express trust, 24.
will hold proceeds of policy as part of the estate, 24.
EXPENSES of extinguishing fires, 46, 178, 183, 184.
EXPLOSION, 34.

of gas, 40.

FERMENTATION OR SPONTANEOUS HEATING, 41.

FIRE BRIGADES, in Metropolitan area, 177.

beyond that district, under provisions of Local Government Act, 181.
under Special Acts, 183.

in Salford, Manchester, and Liverpool, 184.

in the London Docks, 186.

in Scotland, under the Police and Improvement Act, 186.

in Edinburgh, 187.

FIRE ESCAPES, 179, 182, 187.

FOREIGN ATTACHMENT, 110.

FRAUD, will avoid every contract, 59.

excessive claim may amount to, 91.

by the assured will entitle the office to recover the money paid by it, 112.
setting fire to defraud is felony, 199.

GAMBLING ACT prohibits an insurance where there is no interest, 5.

requires the insertion in the policy of the name of the person to be benefited, 5, 8.
limits the amount to be recovered to the interest of the assured, 5, 9.

provisions of, extended to Ireland, 278.

GARNISHEE CLAUSES of Common Law Procedure Act, 112.

GAS, explosion of, 40.

GUARANTEES OR REASSURANCES permitted without payment of the per

centage duty, 28.

perfect good faith must be displayed, 127.

agreement for running account, 129.

GUNPOWDER, condition respecting, 37, 39.
explosion of, 37, 39.

Liverpool Gunpowder Act, 185.

The General Gunpowder Act, 192.

HEIR, interest in policy of his ancestor, 155.

HIGHWAY ACT, provisions against fires on highways, 189.

INDEMNITY, how far the contract is one of, at Common Law or by Statute, 4, 9.