COMPANIES COMPLETELY REGISTERED-continued.

the directors and their powers, 126.

general meetings, 127.

the auditors, 127.

the balance sheet and registered documents, 128.

may be inspected by any person upon the payment of a small fee, 128.

the shareholders, 128.

their liability, 129.

its limit after the disposal of their shares, 130.

contracts by, how enforced, 129.

bills of exchange and promissory notes, 129.

are not precluded from obtaining further powers by a private act, 131.
where contracts not under seal are binding upon, 163.

the effect of a clause limiting the liability of individual shareholders in the
policies of, 341.

COMPOUND INTEREST, 224.

CONCEALMENT OF MATERIAL FACTS vitiates the policy, whether made
by the assured, 31.

or by his agent, 31.

or by his referree, where an inquiry is made, 51.

CONDITIONS, as to the truth of the warranties and representations, 65.
as to the annual renewals; "the thirty days' grace," 65.

as to the revival of the policy on proof of health and the payment of a fine,
66.

as to maritime risks, 67.

as to foreign travel, beyond the limits of Europe, 68.

as to military and naval service, the preventive service, maritime occupations,

68.

as death by suicide, duelling, or the hands of justice, 69.

origin of the condition respecting death by the felonious act of the assured,
70.

when it will include all cases of intentional self-destruction, whether felo-
nious or not, 71.

the exception in such a condition in favour of a bona fide assignee, 72.
the exception operating in favour of a mortgagee by deposit only, 72.
this condition is omitted in nominee policies, 73.

the construction of the condition as regards suicide, 73.

as regards duelling or the hands of justice, 77.

as to proof of age, 78.

as to the return of the premiums, 94.

CONSIDERATIONS, valuable, 172.

good or meritorious, 173.

voluntary, 174.

illegal, 174.

CONSTRUCTION, of conditions against suicide, 73.
general rules of construction of policies of assurance, 80.

of the proviso to render a policy indisputable, 87.

of covenants in deeds of assignment, 191, 192.

of the proviso that the company shall not be affected by notice of trusts, 212.
of clauses limiting the liability of individual shareholders, 339.

CORPORATION, how created, 116.

the liability of the members, 116-118.

to act as a, without a charter or act of incorporation is an offence at common
law, 118 n.

when incorporated after complete registration under the registration act, is
taken out of its operation, 123.

is bound to act in accordance with its charter or act of incorporation, 135.

when contracts not under seal are binding upon, 163.

when sued it must appear by attorney made under its common seal, 336.
COVENANTS, the construction of, in deeds of assignment, 191.
of the covenant not to vitiate the policy, 192.

COVENANTS.-(continued).

the effect of suicide upon a covenant to do all acts necessary for keeping a
policy on foot, 193.

proof in bankruptcy upon covenants for the payment of premiums, 194.
CROWN, securities required from debtors to the, 109.

securities to the, bind all the real estate of the surety to which he is entitled
at any time during the obligation, 109.

register of securities, and quietus, 110.

choses are not assignable by and to the, 170.

on the conviction of a felon, is entitled to his choses of action, 309.

is entitled to the choses in action of a felo de se, 309.

free pardon of, restores property, 310.

contra, conditional pardon, 310.

DAMAGES, whether they can be recovered upon a voluntary settlement, 286.
distinction between a specific performance and a mere right to, 288.

a jury is now empowered to grant interest in the nature of damages, 332.
DEATH, burthen of proof of, rests on the assured, 311.

presumptive proof of, 312.

DEBENTURE, a life policy passed as a debenture in a will, 89.
DEBT, contracted during minority, gives an insurable interest, 19.

but not when the money was won at play, 19.

DEBTOR has no interest in a policy effected by his creditor on his life without
a contract, 244.

but such a contract is implied when the creditor debits the debtor in account
with the premiums, 244.

but not from the mere payment of one or more premiums by the debtor,

245.

unless he has a lien, the debtor is not discharged by the payment by the
office, 246.

DECLARATION, forms of, 35.

DEEDS OF SETTLEMENT, of unincorporated companies, 120.

the effect of the provisions of, 135.

what provisions operate as the primary term of partnership contract, 136.
DEFINITION, of contract of insurance, 1.

of terms in use, 1.

by statute, of that term "joint-stock company," 122.

of a chose in action, 169.

DIRECTORS, are the managing partners, 157.

they act by virtue of the provisions of the deed, 157.

notice that they are exceeding their authority binds the party contracting with
them, 157.

what amounts to such notice, 158.

when acts in excess of their authority bind the company, 158.

their powers are not usually vested in individuals, but in the board, 159.

to give validity to its acts, the board must be regularly convened, 159.

a quorum must be present, 160.

the appointed number must be kept up, 161.

they cannot be the agents of the company to commit a fraud, 161.

will be personally liable for sending forth false or fraudulent statements, or
declaring fictitious bonuses, 161.

DISSOLUTION OF COMPANIES, may be by the consent of the whole body,
by virtue of a provision in the deed of settlement, or by the interposition
of the Court, 131.

See Joint-Stock Companies' Winding-up Act.
DONATIO MORTIS CAUSA, 294.

EMERIGON, his definition of life insurance, 5.

EQUITABLE RELIEF, the terms of, when the policy is set aside, 91.

the terms of, where an annuity is set aside, 349.

EQUITY, may revive a policy on the receipt of the premium by the office after
notice, 26.

will order the delivery up of a void policy after an action has been brought,

28.

or at any time of a policy fraudulently obtained, 90.

requires the parties to contract pari passu, 31.

will reform the contract when inconsistent with the accepted proposal, 95.
will restrain illegal acts of the majority of a corporate body, or unincorpo-
rated company, at the instance of any of its members, 141.

and in like manner will restrain illegal acts by the directors, 142.
Court of, has jurisdiction to enforce a claim at the instance of an assignee,
328.

EQUITY TO A SETTLEMENT of a married woman, 241, 299.

EVASION, of the statute requiring an insurable interest, 20.

of equivalent contract in Ireland, 21.

EXECUTOR, the title of the. He may give a receipt before probate, 315.
one of several co-executors can give a good discharge, 315.

married woman executrix, 315.

of bankrupt, 316.

until his assent, a bequest does not operate, 318.

FELO DE SE, an insurance on the life of, is void, 69-77, 309.

forfeits his other choses in action to the Crown, 309.

inquisition of, 310.

FELONY, is a forfeiture to the Crown of the choses in action of the felon, from
the time of the conviction, 309.

a colourable transfer after the commission of the offence, and before convic-
tion, may be void against the Crown, 309.

FITS, construction of the words "not afflicted with fits," 43.

FOREIGN TRAVEL, 68.

FORM, of the contract as a policy, is not material at common law, 8.

but is material under the statute 14 Geo. 3, c. 48, 12.

of the declaration, 35.

of life policy, 62.

of guarantee policy, 107.

of policy where the contract of life assurance is associated with that of gua-
rantee, 110.

FRAUD, what constitutes moral, 58.

will avoid any policy, and cause the forfeiture of the premiums to the com-
pany, 92.

where the policy was obtained by, equity will order its cancellation, 90.

and if the sum assured has been paid, the money may be recovered,

327.

to put forth false accounts, or declare fictitious bonuses, amounts to, 161.
in the purchase of a reversion, is implied from the inadequacy of the consi-
deration, 226.

or oppression, will set aside any sale, 227.

insolvency in a voluntary settlor is evidence of, and of an intent to hinder
creditors, 273.

FRAUDULENT PREFERENCE, is an act of bankruptcy in a trader, 276.
but cannot be presumed in another person, 276.

FRIENDLY SOCIETIES, where making assurances for amounts exceeding
2007., are within the provisions of the Registration Act, 147.

established after the 15th of August, 1850, cannot undertake assurances for
sums exceeding 1001., 147.

the privileges granted to, by the earlier acts, 147.

disputes in, are to be settled by arbitration, or a summary appeal to the justi
ces of the county, 149.

the gradual recision of their privileges, 150.

their powers of investment, 151.

the

power to appoint nominees, 151.

FRIENDLY SOCIETIES-continued.

the operation of nominations, 152.

the statute 13 & 14 Vict. c. 115, recalling this

power, 153.
the limited power given for the benefit of the widow, widower, or children,

154.

the limited duration of the acts, 156.

GAMBLING ACT, whether declaratory or enacting, 7.

applies to policies on other events than life contingencies, 11.

but not to a contingent contract, not an insurance nor in the form of a
policy, 13.

requires the insertion in the policy of the name of the party interested, 20.
limits the sum to be recovered to the amount of the interest, 21.

GENERAL MEETINGS, the provisions of the act as to companies completely
registered, 127.

powers of General Meetings, whether ordinary or extraordinary, 137.
concerning acquiescence in the acts of the majority embodied in the resolu-
tions of, 139.

the effect of unauthorised resolutions of, 139.

the construction of general powers of, 140.

the interference of Courts of Equity with the resolutions of, 141.

GOUT, mere fact of having had, does not affect a general warranty of good
health, 40.

GUARANTEE, companies, 100.

form of proposal for a guarantee policy, 100.

the terms of the, how far expressive of the general rules of law upon the sub-
ject, 101.

to uphold a guarantee, there must be perfect good faith towards the assurer
both as regards the disclosure of material facts and occurrences subsequent
to the contract, 102.

mere negligence by the employer will not vitiate the guarantee, 103.

but neglect on his part to perform his part of the contract will do so, 103.
the company may be liable for the improper conduct of the employed, although
he may not have misapplied moneys in his own favour, 105.
but not unless the employed has made himself liable to pay, 105.
and only according to the precise terms of the obligation, 105.

the contract is personal with the employer, 106.

the form of the policy or guarantee bond, 107.
combination of, with life insurance, 110.

IDENTITY, evidence of, 314.

INFANT, cannot in general enter into a contract, 298.
attaining his majority may avoid his prior contract, 298.

but cannot recover the premiums paid by him, 298.

who can give a discharge for a sum payable upon an infant's policy, 298.
may insure for small sums under the Friendly Societies' Act, 299.

the Court will deal with his interests under a policy for his maintenance, 299.
the effect of the settlement on marriage of the chose in action of a female
infant, 306.

INDISPUTABLE POLICIES, 84.

INDEMNITY, whether life insurance is a contract of, apart from the statute,

6. 9.

Irish decisions that it is not so, 10.

whether so under the statute, 21.

if the policy is so, where effected by a creditor on the life of his debtor,
payment of the debt discharges the office, 22.

but payment by the office may not discharge the debtor, 26.

INQUISITION OF FELO DE SE, is not conclusive against the personal
representatives of the deceased, 310.

finding that the party was non compos mentis is conclusive against the Crown,
310.

INSURABLE INTEREST, the statute requiring, 2.

is not required in Ireland, 4. 10.

definition of, 14.

must be pecuniary, 14.

must exist when the policy is effected, 14.

whether arising from the relationship of husband and wife, 14.

parent and child, 14.

heir or next of kin and ancestor, 16.

expectant devisee and testator, 16.

purchaser from an expectant devisee possesses, although his vendor may

not, 16.

debtor and creditor, 19.

every one possesses an, in his own life, 19.

trustee or executor possesses, in respect of the legal interest vested in him, 19.
whether the subsequent cesser of the interest will avoid the policy, 21.

is rarely the subject of inquiry by the office when paying a claim, 23.
need not be continuous, 24.

is not required in a purchaser, 24.

its continuance in the assignor is sufficient, 24.

how far existing when the policy effected as a security on the life of a debtor
is assigned to him, 24.

the lapse of the, does not affect the equities attaching by contract or upon
trusts to the policy, 249.

INSURANCE, definition of the contract, 1.

the uses of, 1.

the abuses of, 2.

terms in use in, 1.

how far the contract of, fulfils the legal conditions of a wager, 5.

distinction between life and marine and fire insurance, 6.

is not every contract for the payment of money at death, 13.

term and commencement of the, 64.

INSURER, who may be an, 114.

life assurances are occasionally undertaken at Lloyd's, 114.

INTEREST, was not formerly given at law upon the sum assured when the
payment was delayed, 332.

but now the jury are empowered to give it, 332.

in equity it is in the discretion of the Court, 333.

INTERPLEADER. Upon conflicting claims at law, the insurers may take the
benefit of the Interpleader Act, (1 & 2 Will. 4, c. 58,) 333.

and before action brought, so soon as a conflict arises, may file a bill of
interpleader, 334.

costs in a suit of, 335.

IRELAND, Gambling Act does not extend to, 3.

whether the 8 & 9 Vict. c. 109, includes wagering policies in, 28.

Annuity Act does not extend to, 348.

stamp duties may be recovered in Ireland from any person executing an un-
stamped instrument, 356.

ISSUE, insurances against the birth of, 98.

JOINT-STOCK COMPANIES' REGISTRATION ACT, history of the act, 121.
JOINT-STOCK COMPANIES' WINDING-UP ACTS, 131.

LIMITATIONS, THE STATUTE OF, when a bar to an action
for the return of the premiums, 93.

upon a claim, 327.

for the recovery of the consideration for the grant of an annuity void for
want of inrolment, 350.

LOCUS POENITENTIÆ, 288.

LOST POLICY, an action may be sustained upon a, 325.

and payment enforced in equity upon an offer to give an indemnity, 326.