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- respondentia. In this consists the principal difference between bottotito
sy and respondentia. The one is a loan upon the ship, the other uport the goods. In the former, the ship and tackle, being hypothecated; are liable, as well as the person of the borrower ; in the latter, the lender has, in general, only the personal security of the borrower. But the personal responsibility of the borrower is not, in all cases, the only security of the lender. Where the money is lent for the outward and homeward voyage, the goods of the borrower on board, and the returns for them, whether in money, or in other goods purchased abroad with the proceeds of them, are liable to the lender. The money is to be repaid to the lender, with the marine interest, upon the safe arrival of the ship, in the one case, and of the goods, in the other. In all other respects, these contracts are nearly the same, and are governed by the same principles.' B. 632.
. It is of the essence of this contract that the sum lent be put in risk; and it does not, in truth, become a bottomry or respondentia contract,, till the risk commences.' P. 647.
• İf, when the sea-risk is ended, the borrower delays payment, the common interest begins to run, ipso jure, without any demand. Dise GUSTO jericulo m jus legitima uskrá non debebitur. But this interest runs only on the principal, not on the marire interest ; for this would be interest upon interest: Accessio accessionis non est.' P. 650.
The contract--the parties—the thing hypothecated -the principal and marine interest the perils of the lender, whether he be liable to general average, or be entitled to the benefit of salvage-are titles discussed at large in seven chapters, which compose the second book.
A dissertation on the nature and utility of Insurance upon Lives' introduces the third division.
* The insurance of a life is a contract whereby the insurer, in corisideration of a certain premium, either in a gross sum, or by annual payments, undertakes to pay the person for whose benefit the insurance is made, a stipulated sum of money, or an annuity equivalent, upon the death of the person whose life is insured, whenever this shall happen, if the insurance be for the whole life, or in case this shall happen within a certain period, if the insurance be for a limited time.
• The precarious dependence of a numerous family upon the life of à single person, naturally suggests the idea of seeking some protection against a calamity, which sooner or later must befal them; and this; probably, suggested the first idea of insurancés upon lives, as an expedient by which a pecuniary indemnity, at least, might be secured to the sufferers, sufficient to rescue them from the poverty and distress with which they were threatened.
• Upon this principle rests the utility of insurances upon lives. Pers sons having incomes determinable upon their own lives, or the lives of others, arising from landed property, from church livings, from pube
'lic employments, pensions, annuities, &c. by paying such an annual
premium as they can spare from their present necessities, may secure - to their widows, their children, or other dependants, án adequate sum of money, or an equivalent annuity, payable upon their deaths. By such insurances; also, may the fines to be paid upon the renewal of leases, or upon the descent of copyholds, be provided föt. So, where a person, having only a life income, wants to borrow money, but can only give his own personal security for it; he may, by insuring his life, secure to the lender the repayment of his money, though he should die before he is enabled to discharge the debt.' P. 664.
Insurancés on lives—in England strictly legal-are scarcely sanctioned by other states of Europe; and, in France, - have never been tolerated. · Four chapters complete this book. Their contents relate to the contract of insurance the warranty of the health and age of the life insured—the interest of the person insuring in the life insuredi and the risks to which the insurers are li. able.
A short historical account is given of the successive establishments of chartered companies for life-insurance, of which each seems distinct in its constitution—the Amicable Society, the Royal Exchange and London Assurance Companies, the Society for Equitable Assurance, the Westminster Society, and the Pelican Company. We have enume. rated these associations, as the learned serjeant bestows on them a liberal and merited eulogy, which we have pleasure in extracting
• Considering the great multiplicity of insurances which have of late years been made upon lives, the number of litigated cases that have arisen upon them is extremely small. One principal reason is, that the happening of the event insured against is always a fact of easy proof, which can scarcely ever afford any subject of dispute. Another is the great difficulty of practising any fraud in such insurances. But to no cause is this fortunate circumstance more to be ascribed tban to the bonour, integrity, and liberality of the several companies engaged in this brancb of insurance,' P. 679.
• Insurance agtninst Fire' is treated in the fourth book This indemnity, so well understood and so generally resorted to in our own country, is encouraged by no other European government.
After preliminary observations on the advantages and disadvantages of a practice here almost universal, and an enumeration of the principal fire-offices, the author proceeds to consider, particularly, the interest of the insured the risk which the insurers undertake-the assignable nature of the policy, according to the usages of the different offices--and the proof of loss.
• The Appendix of precedents contains a policy of insuu rance on ship and goods by private underwriters and by different assurance-companies--a bill of bottomry—a respondentia bondan insurance upon a life-and an insurance against fire.
The principles which govern various subjects of insurance are developed without confusion, supported by appropriate cases, elucidated by industrious research, and often strengthened by ingenious argument and acute observation.
It must be admitted, however, that the labours of serjeant Marshall have been facilitated by numerous writers, whose authorities adorn his notes; as well as by the masterly publicationis of Millar and of Park. 'To the latter, as the serjeant's obligations seem unbounded, his acknowledgements might have been more profuse.
We have thus examined, with no common diligence, -a work which will be interesting to that important class of our countrymen, whose commercial talents and exemplary faith have increased our opulence and extended our power; whose spirited exertions, compatible with the welfare of neighbouring states, have neither 'disgraced morals nor endangered liberty. . C'est le peuple du monde qui a le mieux su se prévaloir à la fois de ces trois grandes choses, la religion, le commerce, et la liberté *' These are applauses offered to our nation by the reflecting Montesquieu.
This distinction which we have gloriously acquired, we shall proudly maintain, in defiance of the puerile menace of an inebriated ruler, and undismayed by the vast but inapplicable force of his bloated empire.
Art. XI. — Poems, lyrical and miscellaneous. By the late
Rev. Henry Moore, of Liskeard. 4to 10s. 6d. Boards.
In these poetical effusions, we discern a gentle, pious, and benevolent spirit; but we can scarcely acquit Dr. Aikin of Aattery, when he entitles it a splendid genius, capable of shining in the highest ranks of literature. · A biographical memoir, by the editor, introduces to the public Henry Moore, the son of a dissenting minister, born, in 1732, at Plymouth, where he received his early education. In 1749, he resided at the academy of Dr. Doddridge,
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Northampton, until the death of that distinguished preceptor; and completed his academical studies under Dr. Ashwortb. In 1756, he officiated as minister to a dissenting congregation, at Dulverton, in Somerset ; in 1757, at Modbury, in Devon; and finally reinoved to Liskeard, in Cornwall, in the year 1787. During these long intervals, his talents were known only to a few of his fellow-ministers. Oppressed by bodily infirmities, he bore his evils with exems plary composure; and, preferring the serenity of a retired life, passed seventy years almost unnoticed. In 1795, his nephew, a surgeon at Plymouth, prevailed on Mr. Moore to publish the moral rhapsody, entitled Private Life,' which excited no considerable attention. To the same friend, du. ring the last summer, was, entrusted the MS. of 'these poems. It became the province of Dr. Aikinto judge of their fitness for the public eye;' and he assures us, that he' scarcely ever experienced a greater and more agreeable surprise, than on the discovery of so rich a mine of poetry.' The persons to whom the verses were communicated, became impatient to reward their author. A subscription was warmly * encouraged; and Dr. Aikin had generously undertaken the
duty of editorship, when the death of Mr. Moore, in November, · 1802, by a palsy, frustrated the liberal endeavours of his friends. Among his literary occupations, Mr. Moore contributed to the Commentaries and Essays,' published by the Society for promoting the Knowledge of the Scriptures. His critical observations on parts of the sacred writings acquired for the author the approbation of Dr. Geddes and Mr. Michael Dodson. A lively anonymous letter, on the doctrines of Madan's Thelyphthora, was also the production of Mr. Moore.
The words of the editor will best explain the motives to which we owe the present publication.
As he lived in celibacy, and had no dependent relatives, no other object remained for a subscription than that of bringing forward his posthumous work in an advantageous manner, secure both from loss and neglect. It is now committed to a liberal and discerning public, in the confidence that the author will -obtain no mean place among those who have contributed to elevate the minds, purify the morals, and gratify the noblest tastes of their countrymen.' P. vi.
Among the miscellaneous contents of this volume, are odes, lyric and moral rhapsodies, elegies, epistles, sonnets, and hynins.
The first poem, ' A Vernal Ode,' inculcates the lesson of rendering the passions accordant with the cheerful harmony of spring, and contains pleasing passages.
in the secret shadowy glade,
The ling'ring gleams of parting day
Suspended o'er the sparkling stream,
Attention stands with mute surprise,
But when of dawn the rosy dyes
We cannot forbear observing, that both in the present and many other poems we have met with too many glaring imitations from Milton, Gray, and poets of inferior celebrity. The rhymes, moreover, too often terminate inharmoniously—a carelessness, in minor compositions, unpardonable. The Ode on Contentment unites poetry with morals. • In Pleasure's blooming walks and fragrant bow'rs,
Where Venus waves her golden hair,
The trophies in long triumph borne,
• A humble pilgrim here I plod my way,