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Burglary

insurance, burial, fire, proviso and church

BURGLARY INSURANCE.—This class of insurance, since its institution some twenty-one years ago, has made rapid progress in the favour of house holders and men of business. In principle it is the same as insurance against fire, being merely an indemnity against loss, though the loss is limited to that sus tained through burglary ; the law applicable thereto is accordingly the same as under contracts of fire insurance. The following proviso, very usual in policies of burglary insurance, calls for notice : Provided always that this policy shall not extend to cover loss or damage where any member of the assured's household or of his business staff or any other inmate of the premises is concerned.

There is nothing in this proviso but what is right, for it would be mani festly against the public interest to insure property so as to make the character of his dependents a matter of no importance to the owner ; should he wish insurance against them it is found in GUARANTEE INSURANCE. If a servant is merely an accessory to a theft the proviso applies (Saqui and Lawrence v. Stearns). It is usual, though, for the viords " as principal or accessory " to be added to the proviso. A proviso is also usually made by the insurance company, before accepting a risk, that the sum assured is not less than one-third of the total value of the property proposed to be covered. This is on the same principle as the apportionment and averaging of risks in fire insurance, and is re ferred to under the headings ASSESSMENT OF FIRE LOSSES; AVERAGE, FIRE.

BURIAL.—The duty to bury the remains of a deceased person is cast upon his executor ; but should the deceased die in the house of another and without known relatives, the householder is under a common law liability to provide for his burial. The parish, however, would undertake the burial of a pauper. The legal place of burial is the churchyard of the parish in which the death took place ; and in the case of deaths at sea, the churchyard of the parish into which the body has been cast. All persons dying in England are entitled to Christian burial according to the rites of the Established Church, unless they are unbaptized or excommunicated persons, or have committed felo de se. Suicides, i.e. those who have been guilty offelo de se, were origin ally buried at cross-roads with a stake driven through their bodies ; now they may be buried in consecrated ground, but a minister of the Church cannot be compelled to conduct their burial according to the usual rites. Until recently, Nonconformists and others not members of the Established Church were bound to be buried with the rites of that Church if buried in conse crated ground ; but now, upon previous notice being duly given to the Established minister connected with such burial ground, the burial may take place without such rites, and with any relikious ceremony decided upon by the representatives of the deceased. See CREMATION.