Page:The American Cyclopædia (1879) Volume IX.djvu/332

320 INSURANCE INTERDICT would be a continuing warranty that it shonld remain slated. But a statement that the house stands "500 feet from any other building" would not avoid the policy, if a neighbor should put up a building within 100 feet of the insured. There seems to be this difference be- tween the two kinds of policies : a breach of warranty avoids a marine policy, however in- nocent the insured; but it seldom has this effect upon a fire policy, unless there be fraud or other default on the part of the insured. At the time of the insurance, the property must be in existence, and not then on fire, or in im- mediate danger from fire. Heat alone, how- ever excessive, or however caused, or however destructive, does not make the insurers liable unless there be fire, or ignition. Hence, it is now settled that a loss by lightning is not a loss by fire, unless the property be lost by ignition caused by the lightning. But if there be a fire, usage and the law go very far in holding the insurers liable for the consequences of it. Thus, any loss caused by honest efforts to extinguish the fire, as by water poured upon it, or any loss sustained by removal of the insured goods from a peril of fire, or by the blowing up or tearing down of a building to arrest a fire, would fall on the insurers. But there must be an actual fire, near enough and dangerous enough to justify reasonable men in the measures which have resulted in the loss. While an explosion of or by gunpowder is a loss by fire, an explosion of or by steam has been held not to be so. Though the loss be caused by the negligence of the servants of the insured, the insurers are still held ; and so they are if it be caused by his own negligence, unless that be so extreme and extraordinary as to raise a suspicion of, or rather imply, fraudulent intent. That the fire was caused by the insanity of the insured is no defence to the insurers. Valua- tion is sometimes made in policies by stock companies upon chattels of uncertain value, as books, plate, or works of art ; seldom by these companies on houses ; and never upon anything, so far as we know, by mutual companies, for the purpose of determining the amount to be paid in case of loss. If a loss happens, the insured is entitled only to actual indemnity ; but a valua- tion is required by the charters of most com- panies, that they may not insure beyond a cer- tain proportion of the value, and the valuation for this purpose is usually binding on both parties. Insurers against fire generally stipu- late that they may rebuild or repair the prem- ises insured, if they prefer this course to paying for the loss ; and they frequently avail them- selves of the right. There is not in fire insu- rance any rule answering to the " one third off, new for old," in marine insurance ; nor any usage of making a partial loss total by aban- donment, although all insurers who pay a total loss are entitled to all salvage or remains. Nor is there anything of general average known to fire insurance. As it is deemed especially im- portant in fire insurance to prevent insuring more than the value of the property, in order to guard against the temptation to burn it for the insurance, policies generally provide in substance and effect that any previous insu- rance, not made known, shall avoid any subse- quent policy ; and the law is very strict in con- struing and applying this rule or provision. It is now common to provide also that subsequent insurance, not made known and assented to, shall avoid the policy. (See LIFE INSUHANCE.) INTEGRAL CALCULUS. See CALCULUS. INTERDICT, in the Roman Catholic church, an ecclesiastical censure, or penalty forbidding public worship and the administration of the sacraments to certain persons or in certain places. Generally speaking, what the Roman Catholic church considers as the necessary rites of religion were not forbidden, such as baptism, confession, and extreme unction. Indeed, all the sacraments in most cases continued to be conferred privately, the solemn services alone being suspended. The canon law recites three kinds of interdict, local, personal, and mixed. The first directly affected the place, and indi- rectly its inhabitants, and them only while within its limits. The second affected the per- sons, who were interdicted the solemn services wherever they might be. The third combined both these effects. In the beginning interdicts were employed by all persons having episcopal jurisdiction, but in course of time their use was restricted to the Roman pontiffs. They were scarcely known until after the Carlovin- gian period, when the interdict became a pow- erful ecclesiastical weapon for restraining the violence of the feudal nobles. However, one instance of its use occurred in 580, when Queen Fredegonda having caused Prastextatus, bishop of Rouen, to be slain in his own cathedral, Lnndowald, bishop of Bayeux, with the advice of the local clergy, commanded all the churches in the city to be closed and public services to cease till the instigators and perpetrators of the crime had been discovered. In the 10th century the popes began to have recourse to interdicts in their contests with sovereigns. In 997 Gregory V. laid all France under an inter- dict because King Robert had married his own cousin, and the king was abandoned by most of his court. The same penalty was inflicted upon the kingdom of England under Stephen (1147) by Eugenius III., under John (1208) by Innocent III., under Henry VIII. (1535) with little effect by Paul III., and under Elizabeth (1587) by Sixtus V. Adrian IV. laid Rome under an interdict for the purpose of driving out Arnold of Brescia. Gregory IX. made use of the same weapon in his quarrel with the emperor Frederick II.; and Paul V. in 1606 laid an interdict upon the republic of Venice in consequence of the passage of certain decrees relating to ecclesiastical matters. The govern- ment resisted the promulgation of the bull, and ordered the parochial clergy to continue their functions as usual. From the time of the refor- mation, local interdicts became rare ; personal