SECTION VII.

ACCIDENT INSURANCE.

This is a branch of life insurance in which only death or injury from accidental causes is insured against, and is governed by the same general principles.

Any false representation material to the risk made by the applicant in his application, such as those relating to his age, physical condition or occupation, will avoid the policy. A statement, however, that he has never been ill or received any physical injury is not to be literally construed, and means only that he has had no serious illness or injury which has affected his general health, or left any perceptible traces behind which would make him less eligible for insurance.

Accident policies vary greatly in their details, but in certain general respects are substantially alike. They usually insure only against injuries caused by "external, violent and accidental means." It is not essential, however, that the injury should be external, but only the means by which it was caused. So, too, the injury must be the result of accident-something unintended and unexpected, not the ordinary effect, or one which could be reasonably anticipated as the result of one's acts or circumstances.

It is also common to provide that the policy shall not cover any injury, fatal or otherwise, of which there is no visible mark on the body, but any physical signs of injury, such as discoloration of the skin appearing several hours after the accident, satisfy this requirement, and where death results the condition of the internal organs may furnish visible proof of the injury.

For purposes of insurance, the different professions, trades and employments are classified, and the premiums and other terms of insurance vary as between the different classes in proportion to the degree of risk supposed to be incident to the respective employments. Where one is insured as a member of a particular class, however, he is not precluded from doing such acts as are incidentally done by persons of all employments, or acts of exercise or recreation, such as hunting or fishing, nor, unless there is some express provision in the policy to the contrary, does the classification affect temporary employments during leisure

hours, acts done outside of one's usual or ordinary business, or even casual employment in a different business.

Accident policies always exempt from their operation certain specified risks. These vary with different companies but some of the most common are: injuries intentionally inflicted by others, or by the insured himself; voluntary exposure to unnecessary danger; results of bodily infirmity or disease; lifting or over-exertion, but this does not include such acts as are incident to a man's ordinary occupation; medical or surgical treatment, unless rendered necessary by an injury insured against; suicide; entering or leaving a moving conveyance; injuries suffered while insured is engaged in violation of law, or in fighting or provoking assault, or while intoxicated, or walking on railroad track, or riding on platform, or in conveyance not intended for passengers.

To constitute voluntary exposure to danger the danger must be one that a reasonably prudent man should foresee and recognize, such as that of jumping from a rapidly moving train. But where the danger is not an obvious one, even though the act be voluntary the exception does not apply. Nor does it include voluntary exposure to necessary danger, as where one is injured. while endeavoring to save the life of another, or in the performance of a necessary duty.

Questions sometimes arise under the clause excepting death or injuries occasioned by bodily infirmity or disease. Here the law is that if the injury is due solely to the accident without being affected by any diseased conditions of the body the insurer is liable, but if the accident merely aggravates or hastens the effect of disease, or if the injury is due to the joint effects of accident and disease, the insured cannot recover. Where, however the insured at the time of the accident is free from any actual disease, although as the result of some previous disease his system is less able to resist the effects of the accident than it otherwise would be, the exception does not apply.

A question frequently arises as to whether the disability resulting from an injury is total or only partial. This often depends upon the exact language of the policy, but, generally speaking, a man is totally disabled when he can no longer perform any substantial part of the duties of his regular employment or of any employment for which he is fitted. The fact that he may

perform single or occasional acts does not make the disability partial.

SECTION VIII.

FIDELITY INSURANCE.

Of late years insurance of the fidelity and honesty of employees of large corporations and others has become an almost universal practice. The policy usually takes the form of a surety bond, but many of the general principles of insurance are applicable to it.

If any statements material to the risk, either in the original application or any renewal, are untrue the surety will be discharged. It has been held, however, that an official certificate made by a bank in view of the renewal of a cashier's bond, that his books and accounts had been examined and found correct was not a warranty of their correctness, and that if the statements were made in good faith and based on a careful examination of the books and accounts, the bank could recover although the cashier was in fact then a defaulter. But if it appears that the examination was conducted carelessly, and that if properly made it would have shown the true state of affairs the surety will be discharged.

As to precautions to be taken to prevent or detect future frauds, if the bond prescribes any specific measures they must be strictly complied with, but generally any statements on the subject in the application are considered only as representations of intention, and it is enough if they are followed substantially and in good faith. In one case where the bond required that the surety should be notified if the employee was found to be speculating or gambling, failure to notify was held to avoid the bond, although the employee had promised not to speculate again; but in such cases the insured is only bound to report facts, and not mere suspicions. It is a common provision that the surety shall not be responsible for acts committed during the term of the bond but not discovered within six months after its expiration.

The surety is entitled to information of any important change in the duties of the employee increasing his responsibilty, as when a mere clerk is appointed cashier. In case of defalcation notice must be given to the insurer as soon as practicable, otherwise he will be discharged.

CHAPTER XXIX.

DEEDS CONVEYING LAND.

SECTION I.

WHAT IS ESSENTIAL TO SUCH deeds.

By the old law, no instrument was considered made until it was sealed; then it was thought to be done, and the word deed, which literally means only something done, was given to every written instrument to which a seal was affixed; and that is the legal meaning now. But the common meaning of the word is an instrument for the sale of lands; and it is of this that we would now treat.

By the statutes and usage of this country generally, no Linds can be transferred excepting by a deed, which is signed, sealed, acknowledged, delivered, and recorded. In some States seals are abolished.

We give annexed to this chapter an Abstract of the Laws of all the States relating to deeds and their requirements.

What the deed should be, that is, in what words it should be expressed, we can best show by the forms appended to this chapter, and do not propose to say more about it than this. It is not safe to depart from forms, and established phrases, which have passed before the courts so often that their exact meaning is certainly known. There are things which seem to be and perhaps are vain repetitions; and for the usual words it may be thought that others of the same or better meaning may be sub. stituted. Such changes may be made perhaps, without detriment; but perhaps, also, with ruinous results; and it is not wise to run the risk.

It should be signed; and this means, properly, that the seller or grantor should write his name in the usual way, in the proper place, and with ink. If the grantor cannot write his name, he may merely make his mark. It has been said that writing with a lead pencil is enough, but it would not be safe to trust to it. The name of the grantee should be distinctly

written in the proper place, in ink. Sometimes, in our large cities, an agent buys land for a principal who does not wish to be known, and the agent's name is inserted as grantee, in pencil, and the deed is so executed and acknowledged and delivered; and some time afterwards the agent rubs his name out, and writes the name of his principal, the actual buyer, instead. But this is a very unsafe and reprehensible practice, and the deed cannot be considered satisfactory.

The deed of a corporation must be signed by an agent or attorney, who should be careful to execute it in the manner indicated in some of the forms appended. In one case, in Massachusetts, where a deed was written throughout as the deed of a corporation, and their treasurer signed it thus: "In witness whereof, I, the said C C, in behalf of the said company, and as their treasurer, have hereunto set my hand and seal," it was held that this was the deed of the treasurer, and not the deed of the corporation, and did not transfer the lands. This is an extreme case, and the law might not always be applied with so much severity; but it is best not to incur any such risk. So, too, the rule that a person who is to be authorized to affix the seal of another should be authorized under the seal of the principal, is so general, that, although it has important excep tions, it should always be observed.

The seal is properly a piece of paper wafered on, or sealing wax pressed on. In the New England States generally, and in New York, nothing else satisfies the legal requirement of 2 seal. In the Southern and Western States generally, a scrawl, intended for a seal, usually made by writing the word "seal within a square or diamond, is regarded in law as a seal. there be but one seal on an instrument, and many parties, all of whom should seal it, this seal will be taken generally for the seal of each one; although, properly, each signer should put a seal against his own name.

If

The deed should be delivered. If a man makes a deed, and acknowledges it, and keeps it in his possession, and dies, the deed has no effect whatever; no more than if the grantor had put it in the fire. Even where it was recorded, and then taken back by the grantor and kept by him, with words going to show