The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1856-03-04 00:00:00

Ensurante otic.

A FIXED ALLOWANCE OF £6 PER WEEK.
IN CASE OF INJURY BY
ACCIDENT OF ANY DESCRIPTION,

OR THE SUM OF
£1,030 IN CASE OF DEATH,
May be secured by an Annual Payment of 41 for a Policy in
THE RAILWAY PASSENGERS'
ASSURANCE COMPANY.
A Weekly Allowance of Fifteen Shillings for Injury, or .elOO in
case of Death secured by a payment of Ten Shillings.
NO CHARGE FOR STAMP DUTY.
Forms of Proposal, Prospectuses, &c., may be had of the
Agents —of the Clerks at all the principal Railway Stations—and
at the Head Office, London, where also
RAILWAY ACCIDENTS ALONE
may be insured against by the Journey or by the Year as heretofore.
WILLIAM J. VIAN, Secretary.
Railway Passenger s' Assurance Company,
Empowered by a Special Act of Parliament,
Offices, 3, Old Broad-street, London.

AGENTS :
LIVERPOOL Messrs. A. BARUCHSON & CO., 33, Dale-street.
Bury Messrs. Child and Underdown.
Warrington Mr. A. Mackie.

THE ENGLISH AND IRISH
CHURCH AND UNIVERSITY ASSURANCE
SOCIETY.
4, Trafalgar-square, Charing-cross, London.
()mess.. 90, High-street, Oxfortl. and
111, Grafton-street, Dublin.
2, Chapel-street, Liverpool.

DIRECTORS, 8-c., IN LIVERPOOL
DIRECTORS:
The Rev. Henry Hampton, M.A.
The Rev. Abraham Hume, D.C.b., LL.D.
The Rev. George Winter Warr, M.A.
MEDICAL REFEREE :
John Hey, Esq., 2, Erskine-street.

SURVEYOR:
H. P. Horner, Esq., BA, Basnett•atreet.
LOCAL SECRETARY AND AGENT:

Francis Homer, Eso., Solicitor, 2, Chapel-street.
Every description of Assurance an 4 Annuity is entertained that
may be dependent upon the existence of One, Two, or Three
Lives.
A diminution of Half-a-year is made on the amount of Pre-
miums when persons Assure within Six Months of their last
Birth-day.
Provision for Old Age and Annuities may be purchased at rates
at some ages considerably lower than those of many other Assu-
rance Companies.
A Special Table has been calculated for this Office, whereby
Interest at the rate of 4 per cent. per annum is allowed to the
Policy-holders upon all Premiums paid by them until death.
Forms of Proposal and every information may be ebtained on
application to the Head Office, or any of the Society's Agents.
JOHN EDMUND COX, M.A., F.S.A.,
Chairman of the London Board.
JAMES GEAVES HOOTON, Secretary.

SPECIAL NOTICE.-THE BOORS OF THE SOCIETY CLOSE ON
IST MARCH, AND PROPOSALS LODGED AT THE HEAD-OFFICE,
OR AT ANY OF THE• AGENCIES, ON OR BEFORE THitT DATE,
WILL SECURE THE ADVANTAGE OF THE PRESENT YEAR'S
ENTRY, AND ONE YEAR'S ADDITIONAL BONUS OVER LATER
APPLICANTS.

MUTUAL LIFE ASSURANCE.
THE WHOLE PROFITS DIVIDED AMONGST THE ASSURED:

SCOTTISH EQUITABLE LIFE ASSURANCE SOCIETY.

INSTITUTED 1831.
Incorporated by Special Act of Parliament.

The Fund accumulated from the Contributions of Members
exceeds NINE HUNDRED THOUSAND POUNDS.
The Annual Revenue exceeds ONE HUNDRED and SIXTY-
THREE THOUSAND POUNDS.

The amount of existing Assurances exceeds FOUR MILLIONS
and a QUA TER STERLING.

The amount paid to the Representatives of deceased Members
is upwards of SIX HUNDRED and FIFTY THOUSAND
POUNDS, of which SEVENTY-EIGHT THOUSAND POUNDS
are Bonus additions.

THE NEXT DIVISION of PROFITS TAKES PLACE AT THE
IsT of MARCH, 1855, and Policies effected before that date re-
ceive One Tear's additional Bonus over those effected after that
date.

ROBT. CHRISTIE, Manager.
VVM. FINLAY, Secretary.

HEAT) OFFICE:
26, ST. ANDREW-SQUARE, EDINBURGH.
AGENTS:
Ltvz[veoor { ARCHIBALD TOD, Sbarebroker,
.. 23, Tithebarn-street.
Manchester f Anderaons and Thorburn, Merchahts.
1 Edward Corbett, Surveyor.

Igo nep.

LIVERPOOL DOCKS.
LOANS OF MONEY.

THE COMMITTEE of the LIVERPOOL DOCKS
DO HEREBY GIVE NOTICE, that they are wilting to
RECEIVE LOANS-of MONEY, upon the Secuvay of the Bonds
of the Trustees of the Liverpool Docks, for Terms of Three,
Five, or Seven Years, at the option of the Lender
The Interest is payable Half-yearly at the Bankers of the
Trustees, here or in London.
AU offers to be addressed to Geo. V. TANTO7I, Esq., Treasurer,
Dock-office. Liverpool.
By order,. DANIEL MASON, Secretary.
Dock-office, Liverpool, June 28, 1835.

THE. HAIR, COMPLEXION, AND TEETH,
their Preservation, Improvement, and Sell-management,
with important and really necessary information on the EYES
EARS, HANDS. and FEET. Numerous Recipes for the most
Fashionable Perfumes and useful Preparations. with a mass of in-
formation calculated to enhance the personal graces of its readers,
and rendering it an almost indispensable appendage to the toilet
of both sexes. Price ls. through all Booksellers; or free by post
in an envelope for 14 postage stamps.
" Many bald heads, beardless faces, unsightly skins, and tooth-
less mouths, result solely from the ignorance this little work is
calculated to remove. We recommend it to all who value na-
ture's adornings."—Review. "Ever page worth a guinea.—P
Herald. "The recipes most unique."-Ladies Newspaper.
Address—Mr. LAWES,I4, Hand-court, Holborn, London.

FRAMPTON'S-PILL OF HEALTH—The mani-
fold advantages to the Heads of Families trom the posses-
sion of a Medicine of known efficacy, that may be resorted to
with confidence, and used with success in cases of temporary sick-
ness, occurring in families more or less every day,,are so obvious
to all,,that no question can be raised of its importance to every
housekeeper in the kingdom.
They are an excellent aperient, create appetite, relieve languor,
and invigorate the spirits, and if taken after-an indulgence at
table, they quickly restore the system to its natural state of repose.
" For upwards of nine years (writes Mr. Thomas Province, of
Winchmore Hill, Middlesex,) I have experienced the efficacy of
this excellent Medicine. I had long previously been afflicted with
headache and indigestion; but a friend having induced me to
make a trial of Frampton's Rills, I now inform you that a few
doses gave me great relief ; and during this long period of time
I have taken them in preference to any other medicine; and I
have the happiness of saying that I never had a better state of
health, which I attribute to Frampton'a Pale. I beg further to
add, that this medicine is in general use by my family, and we
know of nothing to equal it."
Persons of a Full Habit, who are subject to Head-ache, Giddi-
ness, Drowsinesa,,and Singing in the Ears, arising from too great
a flow of Blood to the Head, should never be without them, as
many dangerous-symptoms will be entirely carried off by their
immediate use. For Females, these Pills. are truly excellent,
removing all obstructions, the distressing-Bead-ache so very pre-
valent with thasex ; Depression of Spirits, Dulnessof Sight, Ner-
vous Affections, Blotches, Pimples, and Sallowness of the Skin,
and give a healthy and juvenile bloom to the complexion. To
Mothers they are confidently recominended as the best medicine
that can be taken; and for children of all ages they are
unequalled. As a pleasant, safe, and easy Aperient, they
unite the recommendation of a mild operation with the most
successful effect. By regulating the dose, according to the age
and strength, of the patient, they become suitable for every case,
in either sex, that can be required.
Sold by all Medicine Vendors, price-Is. lid. and 2s. 9d. per box.
See the name of "Thomas PROUT, 229; Strand, London," on the
Government Stamp.

PALIi LESS TOOTH: EXTRACTION,_
(WITHOUT CHLOROFORM.)
BY ROYAL LETTERS PATENT.
Mr. ESKELL is the only DENTIST privileged to use the Patent
in LIVERPOOL.
A neva and elegant I M PROVEAIENT connected with DENTAL
SURGERY has been invented by.
MR. ESKELL, SURGEON DENTIST,
No. 75, RODNEY-STREET,
(CONNER OF UPPEN. DUKE-STREET), LIVERPOOL-
is the construction of an entirely new description of ARTIFI-
CIAL TEETH, beautifully Enamelled and of the most exquisite
Workmanship, from Part of a Tooth to a Complete Set,, and is
composed of the finest Materials, which are afterwards Enamelled
to resemble the Natural Teeth, in every Shade and Colour. They
are incorrodible, (will never change colour or decay.):and when
adapted to the mouth are not discernible from the Natural
Teeth. They are constructed upon Metals of unexceptionable
purity, and for comfort in wearing and general appearance
cannot be excelled.
Mr. ESKELL supplies ARTIFICIAL TEETH upouhis new sys-
tem of SELF-ADHESION, without extracting any Teeth or
Stumps, or causing the least pain. Mr. ESKELL has Specimens
in every variety, and will be happy to show them to those
interested in the subject, when their pre-eminence will be at once
apparent, and this statement of their superiority over ail others
will be found to be entirely and scrupulously correct, at charges
strictly moderate, and within the reach of the most economical.
FILLING DECAYED TEETH.
With Esitunt's celebrated WHITE TERRA. PASTE, which
never changes colour, and is free from those injurious proper.
ties found in ordinary Stoppings. It is applied in a soft state,
like paste, to the cavity of the Tooth, without giving the slightest
pain, and in a few minutes it becomes as hard as the Enamel
of the Tooth itself.
A NEW MODE OF EXTRACTING TEETH,
BY A PATENT FULCRUM, •
By which means the Gums cannot be acerated, the danger of
breaking the Tooth prevented, a.nd haemorrhage considerably
lessened; and the Tooth being extracted perpendicularly and
almost PAINLESS, renders Chloroform rnnecessary.
" We can confidently direct attention to it as a boon to the
profession and the public."—Lancet.
" It allows of the extraction of teeth in the most scientific and
easy manner."—Medical Times.
The following are some of the most eminent medical men to
whom the Chair and Fulcrum have been shown, which has met
with their entire approbation; some of them have also been
patients, and to them the reader can be more particulLrly re.
(erred :
Sir B. Brodie,
Dr. B. Cooper

J. Avery,
S. Lane, Esq., Hyde-park

Dr. Watson,
Dr. Rigby,
Dr. Holland,
Dr. Parr,
Caesar Hawkins, Esq.,
E. Stanley, Esq.,
E. Cock, Esq.,
H. J. Johnson, Esq.,
Athol Johnson, Esq.,
T. Tatum, Esq., •
The Patent Invention has also been exhibited at meetings of
the Council of
The Royal College of Surgeons,
The Royal Medical and Chirurgical Society,
The Royal Medico-Botanical Society,
The Westminster Medical Society,
The Society of Arts, &c.
Badly-applied Artificial Teeth remodelled. Children's Teeth
Regulated, &c.
Consultation Free, End CHARGES STRICTLY MODFIRVI E.
Attendance DAILY, at 75, RODNEY-STRUET,
(Coat, ea OP UPPER DU XE STIISST;, LITERPOOL.

corner,
Dr. Taylor Smith,
T. Wakley, Esq., M.P.,
T. Wakley, 136 q., jun.,
The Editor of the Meclica,

Times,
J. Freeman, Esq., Spring
gardens.
Evans Raidore, l'd.D.

Emma= Notice.

INDISPUTABILITY THE ONLY COMPLETE
SECURITY IN LIFE ASSURANCE.
(Extracted from " The Register.")
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 situation of a man
who, after making payments to an Insurance Company for ten,
twelve, or twenty years, on the supposdion that by such pay-
ments he 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 o#
the policy will ultimately :be made to depend :—" I do hereby
declare that my age does not exceed yents; 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
convulsious, nor with asthma, insanity, or spitting of blood ; and
that 1 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 wich may
render an insurance on my life more than usually hazardous, or
with which the Directors of this society ought to be made am.
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 I do declare that this declaration shall be nen
basis of the contract between me and the said society ; and than
if any true allegation or statement be contained in the said pros.
posal, or in this declaration, or if any material information be
omitted which ought to be contained therein, all moneys wine,.
shall have been or shall be paid to the said society, on account o
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 nu 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
istence is suspected by the patient or any one eise. Yet, by the
contrivance of making the proposer warrant the literal accuracy
of nutneroueatatements, 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. Tie: responsibility of the party effecting the awn*,
ance is unconditiona , and wholly irrespective of the contingencw
whether the " omission" of any fact, material or immaterial, were
wilful or not.
The petson who makes the statement must not only declare
that he makes no wilful mis-statement—that he has not " with-
held any matteror circumstance," and observe, not deliberatelyor
of design, but that helms not done so at all. The declaration re
quired is absolute as to eircutnstances or possibilities beyond the
sphere of human knowledge; and the responsibily of the decla-
rant is equally absolute, no matter how inuocently he may have,
been led into error.
All theauthorities are of the same opinion as to the sole and un-
divided responsibility of the assured. Thus,•Lord Eldon will not
hear of any distinction as to whether an omission has been ma,
serial or immaterial. " If material," his Lordship observes, "that
a materiality may be inquired into and shown ; but if there be a
warranty, it is part of the contract that the matter is such as it. in
represented to he; therefore materiality or immateriality signifies.
nothing. The only question is as to the mere fact." This opinion
has been affirmed, to the total ruin of families, by numerous deci-
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 every de-
- mend, and escape without a forfeiture of his policy. But that he
cannot do; for there is something- yet more demanded of him
• before lie becomes entitled to a policy—a requirement in which
the greatest amount of care, and prudence, and scrupulous accu-
racy is of no avail. The proposer must give the names of medi-
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 company, although the proposer is not made
acquainted with any one of them, are yet as much the subjects of
warranty as his own declaration so that a wilful or innocent!
error in answer to any of the questions put to these referees wilt
as effectually vitiate the policy as if had preceded from the
assured himself. We can make room for only one example of the
provisions just noticed, which we select from a large family of
similar cases, and nom the practice of a highly respectable office,
Wilshere r. fhe Law Life. Wilshere resoled near London, and
on sevemil occasions had consulted a London physician as to his
'
health besides !levity; the advice of a conntry gentleman. He
came to London to effect an assurance on his life, and, in answer
to the question, " Who is your ordinary medical attendant?"
gave the name and address of the London physician, with whose
report anti that of their own medical examiner, the director on
the company were satisfied. Some years atter that Wilshere
died, and his executors were defeated in a claim against the com-
pany for: the sum assured, merely, and upon no other ovuurk
because the name of the surgeon, and not that of the physician,
ought to have been inserted in the proposal.
1 it consequence of this state of matters, there arose in the public
mind a general feeling of insecurity in Life Assurance, which was
increased by the perusal of numerous cases occurring in the courts
of law and, reported in the newspapers, most of them 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 doubt, and dissipate every apprehension as to the
certainty of the sum assured being pant when it became due;
whereby the public generally would be benefited, and the business
of Life Assurance much extended.
" The Indisputable Life Policy Company" undertook this task,
and in order most effectually to make the policies they issued in-
disputable and certain 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 the right of every assured member to plead
and insist upon:—
Clause 84. " That every Policy issued by the Company shall be
indefensible and indisputable, and the fact cf issuinq the same
shall be conclusive evidence of the validity of the Policy; and it
shall not be tatefal for the company IV aetay payment of the
money assured thereby on the round of any error, mistake, or
omission, however important, made by or on Ms part of the per-
son or persons erecting such Assurance; and-that, on the con.
trary, the amount so assured shall be paid at the time stipulated
by the Policy, as if no such error, mistake, or omission, had been
made or discovered."
We have said that the above clause forms a part of the Deed of
Settlement of the Company, and that deed being registered in
terms of the Act 7 and 8 V ict. c. 110. there is nothing wanting to
give it the fullest effect. It is not merely to• be found in a pro-
spectus or other circular, which may or tnay 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 indispistability is not enough. Such aclause as the above
is required to: give legal efficacy. It appears to have been care-
fully and anxiously prepared, for the purpose of cuttin off
every amoudd and pretext of dispute as to• the validity or the
Policy; and we confess that we cannot find any words or aerie.
of sentences more operative, effective, or compulsory for that
purpose. In: order the more effectually to show this, we
would invite uric readers to compare this clause with the
law as laid down by Sergeant Marshall in the passages
already quoted from that • learned 'authority. The indis-
putable clause says—" Every policy issued by. the Company shall
be indefeasible and indisputable, and the feet of issuing the sam#
shall be conclusive evidence of the validity of time policy." Mr.
Sergeant Marshall, speaking of the clause ordinarily inserted in
policies, saye,.." It is quite immaterial for what purpose or with
what view it La warrant] is made ; but being once inserted in the
policy, it becomes a binding condition on she assured, and unless
he can show that it has been complied with, he can derive no
benefit from the policy." In other words, an indisputable policy,
when once issued, declares that, de facto, a.. 1 precedent questions
are held to have beta 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 have actually
paid the antoutit of the policy to the executors. Again, the indis-
putable clause says, "It shall not be lawful for the Company to
delay payment of the money assured, on the ground of any error.
mistake. cuoiniseion, however important, made by or on the part
of the person or persons effecting such insurance." Mr. Sergeant
Marshalleon the other hand, says, " The very meaning of a war-
ranty is. to-preclude all question whether it has been suustantially
complied-.with or not. Whether the thiag warranted was material
or notwhether the breach of it proceeded from fraud, negligence,
mis-inforenation, or any other cause, the consequence 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 paidut the time stipulated by the policy, as if no such error,
mistake., or omission, had been maple or discovered." Mr. Ste-
gewat.. Marshall says, "The warranty makes the contract hypo-
thetical e that is, it shalt be binding if the warranty is complied
with. The only question is, has the thing warranted taken place
or note If not, the assurer is not answerable for any loss. even
though it did not happen in consequence of the breach of the mar-
rantg." Can anything he more conclusive than this in proof of
the superiority of the Indisputable Policy? The Indisputable
Policy settles all precedeut questions—an ordinary policy leaves
them all unsettled. An Indisputable Policy declares, by the mere
fact of its i.sue, that all questions relating to the health, habits,
age, &c., of the assured are, as. far as the Company is ancerned,
set at rent for ever—an ordinary policy leaves these points
• open to dispute, until the claim has actually been discharged.
London Indisputable Life Eenlicy, Company, 72, Lombard-street.
-Manager, ALEXANDER RDAERTSON.