The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1855-09-04 00:00:00

gme,of Cough af&sr attack of Inj!mania

Dover, 25111 February, 1848.
Slll,—Please to send to Messrs. Barclay and. Sons for enclo-
sure another dozen of your excellent Cough,Lozenges. Having
lately had a-severe attack of Inftuenza, attended with violent Cough
for five days, preventing my lying down in bed, I made trial pf
your Lozenges, and am happy to say, with the blessing of God,
they proved of the greatest service, and their use produced almost
instantaneous relief. 1 give you this intelligence from a desire
that others might also be led to make the trial.._ I hope they. will
experience the same result,--Yours truly, O..HAISIBROOIin
To Mr. Keating, 79, St. Paul's Churchyard.
Agents for Liverpool : ETRE and Co., EvANs and Co :Raniins
and Co., and CLAY and Co., Wholesale Druggists.

Rusi' TUR E EERFEC.TLY CURED
WITHOUT A TRUSS.—Dr. BARKER'S great European
Remedy for these alarming complaints has been successful in
curing thousands of cases during the last sixteen years, which
have been regularly published in quarterly reports. It is _appli-
cable to every variety of single or double rupture, in either sex,
of any age, however bad or long standiog, and causes no incon-
venience in its use whatever. _

Seat free by post to. any part of the world, packed so that no
one can know the contents, on receipt of Is. 6d.,, ia Postage
Stamps, or Post-office Order, payable, at the Generaioat-office,
to ALFRED,. BARKgR, M.D., 25, Argyle-square, King's Cross,
London. Consultation hours daily (except Sundays), from eleven
till four o'clock. A copy of the last Quarterly Report, with
numerous cases and testimonials, will besent gratuitously to any
eae on receipt of .two penny postage-stamps to, prepay it.
Hundreds of old trusses, belts, and bandages, have been left
behind by persona cured, as trophies of the succeis,of this mode.
Extracts from, bona fide Testimonials :—" I gave a poor
parishioner Is. ed. that he might-avail himself cl• your aid, and
on meeting with. him yesterday, he assured me he was cured."
Rev. W. M. Lincolnshire.—" The remedy you sent for my
mother has close her a great deal of good, and she feels altogether
cured." J, W,, Sheffield.—" Sir, having used your remedy for
rupture, I Rod myself completely cured ; I have tried every means
to prove the-cure, by lifting and running, which 1 am happy to
say I can do without pain,, or using any truss." Tours, &c.,
F. W., I have received a perfect cure from the remedysi
yon sent me," H. T., Allard.—" I, applied, yourtyeamedyru
weeks agp, and it gives me pleasure to intorm yon_h tmy p
tore has.not been down since." D. L., Lynn. "Your remedy
ut
there
Manic
aec:iietdr:thmky signf
o rofyoi rupturetus r;
comingrle,ml vey
remedy.;
sloewhd violentnay.
utro
Missexertionwn s.Baya
yams] nwycaet ,e
truss,rb.
glad enough to get rid of the torture of it.?' aH. Chepstow.—
" &fair time has elapsed since I used your remedy, moreover I,
have been examined by our surgeon,.whp declares I am quite
cared, " J. P., Bath.—" My rupture• being twenty-eight years.
old!, I never expected,so perfect a cure." Mr. E., Longthorpe.—
" According to promise, Inow writoto tell you that my daughter
is perfectly cured by your treatment." Mrs. H., Uxbridge.
—"Enclosed is remittance for, another; the last I had quite
cured the case 1, told you of." H. M. S., Surgeon, Edgeware-
road.—" My rupture has not been down since I used it."—
W. P., Lynn._

DEAFNUs, NOISES. IN THE HEAD AND
EARS, EAR-ACHE, &c,, effectually Cured. Dr. BARKER
continues to supply the afflicted with his remedy folt•these painful
and distressing complaints, the universal successof which, for
many years.past, is well known, It permanently restores hearing
in persons,of all ages, whether deficient from cold. illness, or any
accidental, causes ; removes. those harrassing noises in the head
and ears. attendant on nervousness, deafness, ft..; checks all
discharges, allays ear-ache in a few minutes ; and by its occa-
sional ase will preserve the ears in perfect health to the latest
period of life. 'be Remedy, with simple instructions for use,
will be sent, free by post o.n receipt of 75. 6d. in postage stamps,
or post-office order, payable at the General Post Office, to ALFRED
BAINER, M.D., 25,, Argyle-square, Ki ng's. Cross, London. Con-
sultation hours daily, trom 11 to 4 o'cliock (Sundays excepted).
A speedy and positive cure (even in, cases where every other
Vestment has failed) can be confidently guaranteed.
A New Edition, price Sixpence,,Sixty-eight pages.
DEAFNESS.; its Varieties, Causes, and Symptoms; with 33 cases
illustrative of the mode of treatment discovered and pracgised
only by Dr. BARKER, whereby persons in the country can cure
themselves without the necessity of a personal consultation..
Published by GILBERT, 49, Paternoster-row; and sokl by all
Booksellers, price Sixpence;, or will be sent (post free), by the
Author on receipt of eight penny postage stamps.
CAUTION.—Dr. BARKER, being the only qualifed physician
advertising in these departments of the profession,, deems it a
duty earnestly to caution the public against varions self-styled
doctors, aurists, and other impostors, who, professing to belong
to institutions, and publishing worthless pamphlets, &c., rob the
unwary, and in many instances (from their ignorance) have caused
permanent injury to the sufferer.

Insurance Notice.

INDISPUTABILITY THE ONLY COMPLETE
SECURITY IN LIFE ASSURANCE.

(Krtracted from ‘:The Register." j

What is meant by an indisputable policy ? In the first place, it
is unlike other policies ; the adjective being used to imply some-
thing to mark and distinguish such a policy from all other poli.
cies. In the second place, it means much more—it implies that
the policy to which the epithet " Indisputable" is given cannot
be disputed, except upon grounds beyond the reach and power of
the contracting parties to control. In other words, the policy is
represented as being as indisputable as man can make it.
Nothing can be more embarrassing than the srtuation of a man
who, after making payments to an Insurance Company for ten,
twelve, or twenty years, on the supposition that by such pay-
mentshe has purchased for his family the absolute property in a
reversionary estate, is then told that at his death his survivors
may receive such property, but that there is a great chance—a pos-
sibility—amounting to a probability, that they may not ; and that
the contingency depends upon circumstances which he cannot
foresee. Yet such is the position of those who are held as wholly
responsible for the precise and literal accuracy of every statement
in numerous documents and schedules which precede the issuing
of a policy. Take one of these schedules as an instance of aver-
ments, upon the accuracy of each of which the whole value of
the policy will ultimately be made to depend :—" I do hereby
declare that my age does not exceed years ; that 1 have had
cow-pox or small-pox (state which); that I have (or have not) had
the gout; that I have not been afflicted with any fit or fits, or
convulsions, nor with asthma, insanity, or spitting of blood ; and
that I am not afflicted with habitual cough, diseases of the lungs,
nor with any other disease or disorder tending to shorten life;
and that the foregoing proposal contains a true statement of
every matter and thing thereby required to be set forth; and that
I am now in good health ; and I do declare that I have not con-
cealed or witklield any matter or circumstance touching my past
or present state of health, habits of life, or condition which may
render an insurance on my life more than usually hazardous, or
with which the Directors of this society ought to be made ac-
quainted; and that my private referees are well acquainted with,
and fully competent to give, the requisite information as to my
habits of life. And Ido declare that this declaration shall be the
basis of the contract between me and the said society; and that
if any true allegation or statement be contained in the said pro-
posal, or in this declaration, or if any material information be
omitted which ought to be contained therein, all moneys which
shall have been or shall be paid to the said society, on account of
such insurance, shall be forfeited to the use of the said society,
and the policy be absolutely null and void."
Now, looking at the wording of this clause, it may be affirmed,
without much exaggeration, that there is no human being upon.
earth who, looking on it as the literal condition of his contract
with a company, can possess a certainty that the event of his
death will place his family in possession of the sum specified in
the agreement. It is a professional notoriety that there are nu--
merous diseases which may be in active play long before their ex-
istence is suspected by the patient or any one eise. Yet, by the
contrivance of making the proposer warrant the literal accuracy
of numerous statements, the clause above quoted would vitiate
and nullify the policy, if it could be proved that the invisible foe
had commenced his ravages at the period when the instrument
was issued. The responsibility of the party effecting the assur-
ance is unconditiona , and wholly irrespective of the contingency
whether the " omission" of any fact, material or immaterial, were
wilful or not.

The person who makes the statement must not only declare
that he makes no wilful mis-statement—that he has not " with-
held any matter or circumstance," and observe,- not deliberatelyor
of design, but that he has not done so at all. The declaration re
quired is absolute as to circumstances-or possibilities beyond the
sphere of human knowledge ; and• the responsibily of the decla-
rant is equally absolute, no matter how innocently he• may have
been led into error.

All the authorities are of the same opinion as tothe sole and tin-
divided, responsibility of the assured: Thus, Lord Eldon• will not
hear of any distinction as to whether an omissiom has been ma-
terial or immaterial. " If material," his Lordship observes, "that
a materiality may be inquired into and shown ; • but if there be a
warrantyritis part of the contract that the matter is. such as• it is
represented to. be ;. therefore materiality or immateriality signifies
nothing. The-only question is as to themere fact." This opinion
has been affirmed, to the total ruin of families, -by numerous deal-
sions of the Courts.

It may perhaps be supposed that however close the net and
narrow the meshes• which are entwined. round the party whose
life is the subject of assurance—however minute and important
:and liable to error are the facts, and yet stringent in construction
of law are the terms-of the declaration he is called-upon to make,.
yet that by great care he may be able to comply with everrde-
mend, and escape without a forfeiture of his policy. But that-ho
cannot do; for there-is something yet =ore demanded of him
before he becomes entitled to a policy—a requirement in which.
the-greatest amount of care, and prudence, and scrupulous acciv-
racris of no avail. The proposer must give-the names of media
cal attendants and two friends, each of whom returns answers,
to a long list of questions, and the facts and statements so-
received by the companz• although the proposer is not made-
acquainted with any one of them, are yet as mach the subjects of
warranty as his own declaration, so that a wilful or innocent
error ranswer to any of the questions put to these referees will
as effectually vitiate the policy as if had preceded from the
assured himself. We can mate room for only one example of the
provisions jest noticed, winch- we select from a large family of
similar caws, and from the praeticeof a highly respectable office,
Wilsbere 1,•.- The Law Life. Witanere resided near London, and
on several occasions had consulted a London phyaraisn as to his
health, beskles having the advice of a country gentleman. He
came to London to effect an assurance on his life, and. in answer
to the questluiri "Who is your ordinary medical attendant?"
gave the name and address of the-London physicianr with whose
report and that of their own medical examiner, the director of
the company were satisfied. Same years after that. Wilshere
died, and his executors were defeated. in a claim against the com-
pany fir the sum assured, merely. and upon no ether yround,
because the name of the surgeon, and not that of the- physician,
ought to have been taserted in the proposal.
In consequence of this state of mr.ttere„there arosesmthe public
mind a general feeling of insecurity in. Life Assurance; which was
increased by theperusai of numerous ases occurring in the courts
of law and reported in the newspapers, most of tkern at the
instance of assured parties against Life Companies, but many of
them in which Life Companies were arrayed against each-other.
The great desideratum was to make policies indisputable, so as
to remove all deubtrand dissipate every apprehension, as to the
certainty of the aura assured being paid when it became due;
whereby the publir.tgenerally would be benefited, and theimaisiess
of Life Assurance much:-extended.

"The I ndispultzb le- Lite Policy Company" undertook this task,
and in order most effectually to make the-policies they issued in-
disputable and cettairt documents of security, they inserted the
following clause in, their Deed of Settlement, thereby creating
an effective and legal obligation, imperative upon the Company to
fulfil, and which it Is t" e sight of every acsesed member to-plead
and insist upon :

Clouse 84.' " Thal:every Policy issued ty.the Company, shall be
indefensible and indisputable, and the fuel of issuing the same
shall be conclusive cinder:ye of the vatidityof the Policy :,-and it
shall not be lawful. foe. the Company to• delay pay,trae. the
poesov.a.. Urr‘ • ‘..son e.
omission, however important, made by or on thepart of the per-
son or persons effecting such Assurance; :and that, on the CON-
trary, the amount so assured shall be paid at the time stipilated
by the Policy, as if no such error, mistake;.or omission, had been
made or discovered." '

happen
in
chiinan
Bsattrfeto, taygbru.e- p
We have said that.• the above clause fonts a part of the Deed of
Settlement of the Company, and that dead being registered in
terms of the Act 7 and B.Vict. C. 110. thersis nothing wanting to
give it the fullest eflact. it is not merely to be found ia-a pro-
spectus or other circular, which may or may not be obligatory on
the Company, according to circumstances ..but. it forms-a com-
ponent part of the existence of the corporate body. A mere pro-
mise of indisputabiaty is nut enough. Such a.clause.as thefebove
is required to give legal efficacy. It appears to. have.been care-
fully and anxiously .prepared, for the purpose of cutting• off
every ground and pretext of dispute as to the validity. of the
Policy; and we confess that we cannot find•any words -or series
of sentences more operative, effective, Mcompulsory for that
purpose. in order the more effectually. . to. show this., we
would invite our readers to compare this ,clause with the
law as laid down by Sergeant Marshall_ in, the passaies
already quoted from that learnedstrieealfaa.tilirotyls..csuor'nfraxinsasdhmiasle-i
be
indefeasible e c l ats
and.as"
indisputable,
shall he co ti clusiv e cleviecreyof ltilciaeynvicla lid it y.of the policy." Mr.
Sergeant Marshall, speaking of the clause 'ordinarily inserted in
policies, says, "It is quite immaterial fornshat purpose• or with
what view it [a warrant] is made ; but being once inserted in the
policy, it becomes a binding condition on the assured, unless
he can show that it has been complied, with, .he can derive no
benefit from the policy." In other words, anindisputable policy,
when once issued, declares that, de facto, an precedent questions
are held to have. been finally settled, whereas an ordinary policy
declares on the face of it that the Directors retain the power to
keep all these questions open to dispute, until they bs.ve actually
paid the amount of the policy to the executors. Again,. the indis-
putable clause• says, "It shall not be lawtul, for the-Company to
delay payment.of the money assured, on the ground of any error,
mistake, or omission, however important, made by,or on the part
of the person..or persons effecting such.inauraoce." Mr. Sergeant
ttpAi.iooeMarshall,Policy
i r
di
dnr
settles ttnyhaoel
nottl ofptrhteheeere
thieannttlei,:pstvaleoytsnast says, 'The very meaning of a war-
ranty is to pFeclude all question whether it. has been, substantially
complied with or not. Whether the thing warranted was material
or not, whether the breach of it proceeded from fraud,negligence,
mis-inforrealiOn, or any other cause„tbe consequance is the same
—i.e, the policy is void." In the next place,. the indisputable
clause says. that, on the contrary, the. amount so assured shall
be paid at-the time stipulated by the pplicy,.as.if no such error,
mistake,. or omission, had been made or. discovered." Mr. Ser-
geant Marshall says, "The warranty makes the contract hypo-
thetical ;: that is, it shall be binding if the warranty is complied
owritnttli:hlefonnolyt,qthueestaisosnurise'r
sbi
are:eei
t—ah
at
Policyai
gncoordinaryp any policy
is c
policy leaves 11,
war-
ranty." Can anything be more
Indisputableco neatcrwnhlrsuiewnos giloeivfcreNavyt bahttdzrleob aecbt, nihitruiieettrae:lehicasilehs,niatlybollai
yft,
inkihtoeitspshiphr'seeuoa
bpomtealf'ajzu.
tecro fste
factled.
i
sa
hegptee inti .'aB'ottfaoel: Isioisstnfpistubte:htt :tee' ltrNaetnaidh: elia:!::1411: it:o has. actually been discharged:
London Indisputable We Policy Company, 72, Lombard-atreet.
these
icel
points vvde s,
—Manager, A LEXANDEX. ROBERTSON.