A supplementary report on the results of a special inquiry into the practice of interment in towns.Chadwick, Edwin
History
A supplementary report on the results of a special inquiry into the practice of interment in towns.
Chadwick, Edwin
Burial; Cemeteries -- Great Britain; Mortality -- Statistics; Public health -- Great Britain; Working class -- Great Britain
§ 66. Multiplied payments on one death are contrary to the spirit, at
the least, of the law. A payment of a sum certain to parish officers, to
be relieved from any future payments in respect to an illegitimate
child, has been declared to be illegal. “One of the principles on which
that decision is founded is, that the payment of a large sum for the
support of a child gives the parish a degree of interest in the child’s
death, and might have a tendency to induce the officers to relax in
their duty towards it.”[13]
§ 67. In the higher order of life insurances, the legislature has
endeavoured to arrest the dangerous tendency of insuring beyond the
interest, by providing, by statute 14 Geo. III., c. 48, that persons
insuring the lives of others shall have an interest in such lives; and
it is a principle of insurance law that where a risk paid for has not
been run, the premiums shall be returned; and it would seem to be a
principle of common law that insurances beyond the actual interest are
void. In the case of Fauntleroy, the banker, who insured his life in the
Amicable Office for 6000_l._, the claim was resisted on the fact that he
had been attainted, convicted, and executed for forgeries committed
since the insurance, and the House of Lords held the insurance to be
void on the plainest principles of public policy. The Lord Chancellor,
in delivering the judgment of the house, said—“Is it possible that such
a contract could be sustained? Is it not void upon the plainest
principles of public policy? Would not such a contract (if available)
take away one of those restraints operating on the minds of men against
the commission of crimes,—namely, the interest we have in the welfare
and prosperity of our connexions? Now, if a policy of that description,
with such a form of condition inserted in it in express terms, cannot,
on grounds of public policy, be sustained, how is it to be contended
that in a policy expressed in such terms as the present, and after the
events which have happened, that we can sustain such a claim?”[14]
§ 68. The Benefit clubs in large towns cannot easily take effectual
measures against the multiplication of insurances, which indeed their
own instability to some extent justifies, and they may find their
account, in paying sums beyond the legal authority, as the higher
insurance offices avowedly do, in paying on policies to parties who have
had no legal interest in the life insured. An officer of one of these
large insurance establishments declared, that if they had acted upon the
decision of the courts in the case of Godson _v._ Boldero, “they might
as well have shut their doors.”
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