Cases that jus- no such exception of capture and seizure in port, the Chief from the usual Justice held, upon precisely the same state of facts, that the ship was guilty of no deviation. (p) course of the voyage. In the United States there seems to be some contrariety in the decisions, but on the whole, the rule there appears to be the same as in this country,- that going off the course, in order to avoid a peril not insured against, is a deviation. (q) (p) O'Reilly v. Gonne, 4 Camp. 249. (g) 1 Phillips on Ins. 548-555. CHAP. XIV. OF TIME POLICIES. Time policies. the risk is is one in which § 154. WHEN the ship is to be employed in cruising, coasting, or fishing voyages, or in any other adventures, which, from their nature, it would be inconvenient, or even impossible, to designate by local termini, it is very usual to limited by time limit the risk to a certain fixed term, or period of time, specified in the policy, which is then called a time policy. (a) In such cases the risk insured is entirely independent of the voyage of the ship (iter navis) (b), and the policy covers any voyage whatever which the ship may make, and any sea loss or damage she may sustain within the space of time limited in the policy. (c) The two extremes of the time are the termini of the risk; and the adventure begins and ends with the term, wherever the ship may then happen to be, and whether the object of the voyage be then accomplished or not. Independenter se habet assecuratio a viaggio navis, quod assecuratio quandóque terminatur, non adhuc completo viaggio navis: adveniente tempore prefixo assecuratio expirat, licet navis adhuc peragat itum vel reditum suum. (d) The whole matter of the contract, in a time policy, is extinguished when the limited time comes to an end, upon which alone the contract can work. Lapso tempore extincta (a) Emerigon, chap. xiii. sect. 1. vol. ii. p. 41. ed. 1827. Benecké, System des Assecuranz, chap. viii. sect. 3. vol. ii. p. 442. ed. 1807. (b) Ist von der reise des Schiff's vollig unabhangig. Benecké, System des Ass., vol. ii. p. 446. (c) Kent's Comm., vol. iii. p. 307. ed. 1844. note (a). (d) Casaregis, Disc. lxvii. No. 31., cited by Emerigon, chap. xiii. sect. 1 vol. ii. p. 42. ed. 1827. alone. The risk begins and ends, with the beginning and ending of term, specified the period, or in the policy. Time policies. If the loss occur at any period within the limits of the term, that is enough to entitle the assured to recover the full amount. The risk in time policies continues, without suspension, throughout the whole term, whether the est materia obligationis et consequenter obligatio, quia post tempus, jam alia est materia, alia res. (e) If, therefore, the risk has once commenced, under a time policy, it must necessarily cease when the time limited in the policy comes to an end. (ƒ) Thus, supposing a ship to be insured from the 1st of January, 1848, for three months, if the policy have once attached on the ship, on the day named, or at any time during the three months succeeding it, the risk, under the policy, comes to an end immediately upon the termination of the three months. On the other hand, no matter how small a period of time since the commencement of the risk may have elapsed at the moment of the loss, yet it is sufficient that the loss should have in fact occurred at any period during the term, in order to entitle the underwriter, if the loss be total, to the whole amount of the insurance; in other words, the amount of indemnification, recoverable under the policy, does not at all depend upon the greater or less period which has elapsed between the beginning of the risk and the occurrence of the loss. (g) The risk in time policies continues without interruption through the whole space of time for which the insurance is made, without being suspended (unless, indeed, there be some express stipulation to that effect), by the ship's putting into and remaining in a port of distress, or even by her putting back to ship is in port, her original port of departure, and sailing from it again. (h) A time policy, like a voyage policy, may be effected retrospectively if it contain the clause "lost or not lost:" as where a policy was effected in August, 1807, "to commence from 1st August 1806," on a ship engaged in the Southern whale fishery, which had sailed on her voyage in 1805. (¿) or at sea. A time policy may be effected retrospectively. (e) Dumoulin, tom. iii. p. 283, cited by Boulay-Paty, Cours de Droit, Comm. Mar., tit. x. sect. 23. vol. iv. p. 170. ed. 1834. (f) Il suffit que le risque ait commencé pour qu'il finisse au tems préscrit. Emerigon, chap. xiii. sect. 1. vol ii. p. 41. (g) Tyrie v. Fletcher, Cowp. 666. Lorraine v. Thomlinson, Dougl. 585. (h) Emerigon, chap. xiii. sect. 1. vol. ii. p. 41. ed. 1827. See to the same effect Syers v. Bridge, Dougl. 527. 30. (i) Hucks v. Thornton, Holt's N. P. See a good illustration of the On general principles it is clear that the underwriters, on a time policy, ought to be liable for any loss which happens within the limits of the time. It was, however, decided on one occasion, by Lord Mansfield, that, where a ship had received her death-wound three days before the expiration of the time for which she was insured, but by pumping was kept afloat till some days after the time, when she sunk and was totally lost, the underwriter was discharged from his liability. (j) The correctness of this decision has been questioned by Mr. Benecké (k), and its authority expressly dissented from in the United States (1), on the ground that the period at which the loss is caused, and not that at which its extent is ascertained, is the important point for fixing the underwriter's liability. At all events it should seem that the underwriter in such case, if not liable' for a total loss, ought to be answerable for the amount of damage actually sustained by the ship within the limits of the term as far as it can be ascertained. A question has been raised whether the extent and meaning of the implied warranty of seaworthiness, is the same in a time as in a voyage policy, and the better opinion seems to be that it is; the question will be fully discussed in considering the extent of the implied warranty of seaworthiness. (m) England appears to be the only commercial state in which any restriction is placed on the duration of time policies. In France (n), Hamburgh (0), Sweden (p), and Prussia (q), marine insurances on time are expressly allowed without any same principle in the American case of † Paddock v. Franklin Ins. Comp., 11 Pickering's Rep. 227., cited in 1 Phillips on Ins. 438. () Meretony v. Dunlop, cited by Mr. J. Willes in giving judgment in Lockyer v. Offley, 1 T. Rep. 260. (k) Benecké, System des Assecuranz, chap. viii. sect. 3. vol. ii. pp. 448 -450. ed. 1807. (1) Peters v. Phoenix Ins. Comp., 3 Serg. & Raule, 25., cited, with ap- (m) See post, Part II. Chap. IV. (n) Ordin. de la Marine, tit. vi. art. 15. (p) Insurance Code, art. vi. § 15. Time policies. limitation as to their extent; and the law is the same in the United States of America. (r) Some policies are made for a term, or from a given time, with a local description of In England, however, the law is that no sea insurances on time can be made for a longer period than twelve months, and all policies made for a longer time are void ab initio. (s) § 155. The policies hitherto considered have been purely time policies, in form as well as in effect; i. e. the limits of the risk have been defined in the policy, solely by points of time, without any designation of local termini at all: policies, however, are sometimes, though not very frequently, mixed policies. made, in which not only the time is specified for which the risk is limited, but the voyage also is described by its local termini. (t) the voyage: such policies may be called Construction and effect of such mixed policies. Under such an insurance, the underwriter will not be As, for instance, "at and from London to Cadiz for six months," or "from the 1st of January, 1847, to the 1st of June, 1847, at and from Bristol to Marseilles," &c., or "from the 1st of January, 1847, at and from Liverpool to New York." These policies are neither time nor voyage policies, but partake of the nature of both, and, for the sake of convenience, may be called mixed policies. They agree with time policies in this, that the underwriter cannot be liable for any loss incurred by the subject of the insurance, unless it be incurred within the limits of the time specified in the policy: and, on the other hand, they are so far similar to voyage policies, that the ship must have originally sailed on the voyage described in the policy; and the underwriter will not be liable for any loss, though incurred within the limits of the time, unless the ship at the time of its occurrence be sailing on the prescribed course between the termini of such voyage. Thus, as we have already seen, where a Newfoundland ship was insured "at, and from the 20th of October, from any ports in Newfoundland to Falmouth, or her port or ports of the ship sailed discharge in England;" it was held, that although under this liable unless on the voyage described in the |