The Calcutta Law Journal Short Notes of Cases Articles and Other Matters April 1 1908

It is evident that prior to the time of Lord Mansfield’s accession to the Bench the development of insurance law in England followed the same lines as that of the other branches of the law merchant. [...] Thus in the record of the proceedings before Admiralty prior to 157o we find a petition by The owner of insured goods asking that arbitrators be apointed and the underwriters made to pay “ and forasmuche as youe said rater hath noe remedye by the ordre and course of the common lawes of the realme and that the ordre o f insurance is not grounded upon the lawes of the realme but rather a ci [...] The preamble of this - Act is exceedingly interesting since it not only shows the great importance of the busiuess of insurance at the time of its enacment and a remarkably clear understanding of the real nature of insurance but it also gives in striking summary the history of insurance law and practice during the preceding century which necessitated the establishment of the Court created [...] Lord Mansfield became Chief Justice of the Court of King's Bench in 1756 which may rightly be considered as the date of the beginning of the development of the modern law of isurance as a part of the Common law system. [...] It is the duty of the Civil Court to set aside the proceedings of and a reference by the Collector which are bad being contrary to the provisions of the Act.