The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1856-01-08 00:00:00

Ensurante Notice.

INDISPI7TABILITY 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 port.
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 supposition 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 of
the policy will ultimately be made to depend :—" I do hereby
declare that my age does not exceed years ; that 1 have bad
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 lam 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 bein 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 unconditional, 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 deliberately or
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 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-
terial 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 is
represented to be; 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-
mand, and escape without a forfeiture of his policy. But that he
cannot do; for there is something yet more demanded of him
before he 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 will
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 from the practice of a highly respectable office,
Wilshere v. The Law Life. Wilshere resided near London, and
on several occasions had consulted a London physician as to his
health, besides having the advice of a country gentleman. He
carne 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 and that of their own medical examiner, the director of
the company were satisfied. Some years after that Wilshere
died, and his executors were defeated in a claim against the com-
pany for the sum assured, merely, and upon no other ground,
because the name of .the surgeon, and not that of the physician,
ought to have been inserted in the proposal.
In 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 paid when it became due;
whereby the public generally would be benefited, and the business j
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 of issuing the same
shall be conclusive evidence of the validity of the Policy; and it
shall not be lawful for the Company to delay payment of the
money assured thereby on the ground of any error, mistake, or
omission, however important, made by or on the part 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 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 Vict. 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 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 indisputability is not enough. Such a clause as the above
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, or compulsory 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 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 fact of issuing the same
shall be conclusive evidence of the validity of the policy." Mr.
Sergeant Marshall, speaking of the clause ordinarily inserted in
policies, says, "It is quite immaterial for what 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, 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, all 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 have actually
paid the amount 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, or omission, however important, made by or on the part
of the person or persons effecting such insurance.' Mr. Sergeant
Marshall, on the other hand, says, "The very meaning of a war-
ranty is to preclude 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-information, 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 paid at the time stipulated by the policy, 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
with. The only question is, has the thing warranted taken place
or not? If not, the assurer is not answerable for any loss, even
though it did not happen in consequence of the breach of the war-
ranty." Can anything be more conclusive than this in proof of
the superiority of the Indisputable Policy? The Indisputable
Policy settles all precedent questions—an ordinary policy leaves
them all unsettled. An Indisputable Policy declares, by the mere
fact of its iasue, that all questions relating to the health, habits,
age, &c., of the assured are, as far as the Company is csncerned,
set at rest for ever—an ordinary policy leaves these points
open to dispute, until the claim has actually been discharged.
London Indisputable Life Policy Company, 72, Lombard-street.
—Manager, ALEXANDER ROBERTSON.

DEAFNESS AND DISTRESSING NOISES
IN THE EARS AND HEAD.
This day published, by a Physician of fifteen years' practice in
diseases of the Ear only, a Book, to be given away or sent by post
to any part of the world, MODE of SELF-CURE for Country
Patients, by means of his new and infallible treatment, only dis-
covered within the last few weeks by Dr. MANFRED, Physician-
Aurist. Thousands in this short space of time have been restored
to perfect hearing, without absence from home or causing the
least pain or inconvenience to the most aged or nervous sufferer,
although having been deaf for twenty or thirty years; many are
enabled, almost instantaneously, to hear a whisper. This dis-
covery has been proclaimed by all the head Physicians and Sur-
geons of London, to be one of the most miraculous and invaluable
ever made in Aural Surgery; and the same gentlemen have pur-
suaded Dr. MANFRED to give publicity to it, for the purpose of
saving the poor afflicted from the advertising quacks with assumed
titles, whose fraudulent advertisements area disgrace to the press,
their only desire being to plunder the afflicted; and, in doing so,
many hundreds are rendered incurable for life through their entire
ignorance of the treatment. Doctor MANFRED, M.R.C.5.,E.,
Physician and Consulting Surgeon to the Institution for the Cure
of Deafness, 84, Wimpole-street, Cavendish-square, London,
receives Patients as above, and applies his New Treatment every
Monday, Wednesday, and Friday, from 11 until 3.—Poor, on
Monday and Thursday, between and Bin the Evening. Dr.
MANFRED hopes they will not refrain from seeking relief by
means of his recent discovery; and if confidence is required, Dr.
MANFRED will be happy to show thousands of letters from per-
sons cured, both rich and poor.

RUPTURES PERFECTLY ' 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 standing, and causes no incon-
venience in its use whatever.

Sent free by post to any part of the world, packed so that no
one can know the contents, on receipt of 78. 6d., in Postage
Stamps, or Post-office Order, payable at the Genera Post-office,
to ALFRED BARKER, 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 be sent gratuitously to any
one on receipt of two penny postage stamps to prepay it.
Hundreds of old trusses, belts, and bandages, have been left
behind by persons cured, as trophies of the success of this mode.
Extracts from bone fide Testimonials :—" I gave a poor
Parishioner 75. 6d. that he might avail himself of your aid, and
on meeting with him yesterday, he assured me he was cured."
Rev. W. M.,Lincoinshire.—" The remedy you sent for my
mother has one her a great deal of good, and she feels altogether
cured." J. VV., Sheffie'ld.—"Sir, having used your remedy for
rupture, I find myself completely cured have tried every means
to prove the cure, by lifting and running, which I am happy to
say I can do without pain, or using any truss." Yours, &c.,
F. W., Fife.—" I have received a perrect cure from the remedy
You sent me." H. T., Alford.—" I applied your remedy six
weeks ago, and it gives me pleasure to inform you that my rup-
ture has not been down since." D. L., Lynn.—" Your remedy
has cured my rupture; I have used violent exertion since, but
there is no.sign of its coming down." Miss S., Bayswater.—
"Many thanks for your remedy; I have thrown away my truss,
glad enough to get rid of the torture of it." G. H. Chepstow.—
" A fair time has elapsed since I used your :remedy, moreover I
have been examined by our surgeon, who declares I am quite
cured." J. P., Bath.—" My rupture being twenty-eight years
old, I never expected so perfect a cure." Mr. E., Longthorpe.—
" According to promise, I now write to 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 I told you of," H. M. S., Surgeon, Edgeware-
road.—" My rupture has not been down since I used it."—
W, Lynn.

CH. J, GEDDES, SHIP AND INSURANCE
• BROKER, AND
GENERAL COMMISSION AGENT,
60, GRACECHURCH-STREET, LONDON.
Respectfully informs the Public that he has commenced business,
as above, and sincerely hopes, by strict attention to all orders
committed to his charge, to meet a share of their favours.
Charters to and from all the principal seaports in the world.

THE

tibtrpoot -tanbarb.

TUESDAY, JANUARY 8, 1856

THE NATIONAL REVENUE.

THE statement of the return of the National Income,
with the several comparisons of increase or decrease,
has formed a subject of great interest, not only from
the dearth of almost any other, but from the insight
it may afford into the probable requirements of the
CHANCELLOR of the EXCHEQUER for the purposes of
the war. With an Income-tax more than doubled,
and with all articles in general consumption bearing
very high prices, it is a very natural enquiry how far
these sacrifices have proved efficient, or what more we
may be called upon to make. Is the continuance of
the war to render necessary a still greater loan, and
is the pressure of taxation to be rendered still heavier,
by the stern necessity of the case ? These are points
which interest the tax-paying portion of the com-
munity, and call that attention to statistical tables
and official. returns which otherwise they might not
receive.

From the statement just published, it appears that
the increase of revenue on the year just closed, as
compared with the preceding year, is no less than
£8,133,396. A convincing proof of the elasticity of
our resources, says the ministerial partisan ; but, un-
fortunately for the correctness of the inference at-
tempted to be drawn, it appears that, of this great
apparent improvement, £6,517,526 is derived from the
Income-tax, which was so largely increased last year;
whilst the other items which make up the total
increase are, Customs, £609,283 ; Excise, £861,771 ;
Stamps, £4,361 ; Crown Lands, £8,944 ; and Mis-
cellaneous, £325,608 ; there being a decrease of Taxes
£60,642, and Post-office £133,015. On the quarter's
account there is a decrease on Customs, a small
increase on Excise, a decrease on Stamps, and an
increase on other items. The decline in Customs i%
no doubt, owing to the falling off in the consumption
of Sugar ; but the very small excess in Excise, not-
withstanding the addition of fifty per cent. to the
Malt duty, serves to show that an augmentation of
duties is not always an augmentation of the Revenue,
The Income-tax is of course an exception, because it
is difficult to evade its provisions ; but where revenue
depends on consumption, the advantage is often very
questionable.
It will be observed by the statement, that the Post-
office shows a falling-off on the year's account to a
rather large amount; and though on the quarter there is
a small increase, it is owing to the number of unstamped
newspapers sent through the Post-office. But while
this advance is only £16,038, the loss upon Stamps is
no less than £91,400. So that the hobby which was
wanted by no one was indulged in at a loss of nearly
a quarter of a million on the half year.
Upon the whole, however, there is perhaps more
reason to be satisfied than otherwise with the state of
the National finances. Abundant evidence is afforded
that, notwithstanding high prices and the necessary
depressing effect upon consumption, the decline has
been upon the whole comparatively trifling. The
returns published by the Board of Trade show that
the influence of the war upon our foreign commerce
has been very slight; and this view is further con-
firmed by the statement of the National Revenue to
which we have referred.