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XXIII.

Ante, ch. 19.

We have formerly feen, that whenever the risk to be run was entire, there never was a return of premium, though the contract thould ceafe and determine the next day after its commencement. This rule applies to infurances against fire, which generally are made for one entire and connected por[457] tion of time, which cannot be fevered: and therefore if the property infured fhould be deftroyed by fire, arifing from the act of a foreign enemy, the very day after the commencement of the policy, though the underwriter would be dif charged, yet there can be no apportionment or return of premium.

By a ftatute passed in the reign of his present Majesty, the ftamp duties on policies for infuring houses, furniture, goods, wares, and merchandizes, or other property from lofs by fire, are repealed; and inftead thereof it is provided, that for every policy of affurance from lofs by fire, where the fum infured fhall not amount to 1000 l. the fum of three fhillings; and where the fum infured fhall amount to 1000l. or upwards, the fum of fix fhillings fhall be paid.

As the pureft equity and good faith are effentially requisite, as has been already fhewn, to render the contract effectual when it relates to marine in furances; fo it need hardly be obferved, that it is no lefs effential to the validity of the policy against fire because in the latter, as well as in the former, the infurer, from the nature of the thing, is obliged, in a great meafure, to rely upon the integrity and honefty of the infured, as to the reprefentation of the value and quantity of the property, which is the object of the infurance.

APPEN

APPENDIX, No. I.

Policy of Infurance on Ship or Goods.

In the Name of God, Amen.

as well in

own Name, as for and in

the Name and Names of all and every other Person and Persons to whom the fame doth, may, or fhall appertain, in Part or in All, doth make Affurance, and cause

and them and every of them to be infured, loft, or not loft, at and from

Upon any Kind of Goods and Merchandizes, and also upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat, and other Furniture, of and in the good Ship or Veffel called the

whereof is Mafter, under God, for this prefent Voyage,

or whofoever elfe fhall go for Master in the faid Ship, or by whatsoever other Name or Names the fame Ship, or the Mafter thereof, is or fhall be named or called; beginning the Adventure upon the faid Goods and Merchandizes from the loading thereof aboard the "faid Ship,

the faid Ship, &c.

upon

and fo fhall continue and endure, during her Abode there, upon the faid Ship, &c. And farther, until the faid Ship, with all her Ordnance, Tackle, Apparel, &c. and Goods and Merchandizes whatsoever, fhall be arrived at

upon the faid Ship, &c. until fhe hath moored at Anchor Twenty-four Hours in good Safety; and upon the Goods and Merchandizes, until the fame be there discharged and safely landed. And it fhall be lawful for the faid fhip, &c. in this Voyage, to proceed and fail to and touch and ftay at any Ports and Places whatsoever

without Prejudice to this Infu rance, the faid Ship, &c. Goods and Merchandizes, &c. for fo much as concerns the Affureds by Agreement between the Affureds and Affurers in this Policy are and fhall be valued at

Touching the Adventures and Perils which we the Affurers are contented to bear, and do take upon us in this

Voyage,

459

Voyage, they are of the Seas, Men of War, Fire, Enemies, Pirates, Rovers, Thieves, Jettifons, Letters of Mart and Counter-mart, Surprizals, Takings at Sea, Arrests, Restraints, and Detainments of all Kings, Princes, and People, of what Nation, Condition, or Quality foever; Barratry of the Maiter and Mariners, and of all other Perils, Loffes and Misfortunes, that have or fhall come to the Hurt, Detriment, or Damage, of the faid Goods and Merchandizes and Ship, &c. or any Part thereof. And in cafe of any Lofs or Misfortune, it fhall be lawful to the Aflureds, their Factors, Servants, and Affigns, to fue, labour and travel for, in and about the Defence, Safeguard, and Recovery of the said Goods and Merchandize and Ship, &c. or any Part thereof, without Prejudice to this Infurance; to the Charges whereof we the Affurers will contribute each one according to the Rate and Quantity of his Sum herein affured. And it is agreed by us the Infurers, that this Writing or Policy of Affurance thall be of as much Force and Effect as the fureft Writing or Policy of Affurance heretofore made in Lombard-freet, or in the Royal Exchange, or elsewhere in London. And fo we the Affurers are contented, and do hereby promife and bind ourselves, each one for his own Part, our Heirs, Executors, and Goods, to the Affured, their Executors, Adminiftrators, and Affigns, for the true Performance of the Premifes, confeffing ourfelves paid the Confideration due unto us for this Assurance by the Affured

at and after the Rate of

In Witnefs whereof we the Affurers have fubfcribed our Names and Sums affured in London.

N. B. Corn, Fish, Salt, Fruit, Flour, and Seed, are warranted free from Average, unlefs general, or the Ship be stranded; Sugar, Tobacco, Hemp, Flax, Hides, and Skins, are warranted free from Average, under Five Pounds per Cent. And all other Goods, alfo the Ship and Freight, are warranted free of Average under Three Pounds per Cent. unless general, or the Ship be ftranded.

or to

certain Attorney, Executors, Adminif

trators, or Affigns; to which Payment, well and truly to be

Heirs, Executors, and Ad

made
miniftrators, firmly by these Presents, fealed with

Seal.

Day of

Dated this

in the

Reign of our Sovereign Lord

God, of Great Britain, France, and Ireland, of the Faith, and fo forth, and in the Year thousand feven hundred and

Year of the by the Grace of King, Defender of our Lord One The Condition

of the above-written Obligation is fuch, that whereas the abovenamed

hath, on the Day of the

Date above-written, lent unto the above-bound

the Sum of

upon the Merchandizes

and Effects, to that Value laden, or to be laden, on board the good Ship or Veffel called the

of

of the Burthen Tons or thereabouts, now in the River Thames, whereof is Commander. If the faid Ship or Veffel do, and fhall with all convenient Speed, proceed and fail from and out of the faid River of Thames, on a Voyage to any Ports or Places in the Eaft Indies, China, Perfia, or elfewhere beyond the Cape of Good Hope, and from thence, do and fhall fail and return unto the faid River of Thames, at or before the End and Expiration of Thirty-fix Calendar Months, to be accounted from the Day of the Date above-written, and that without Deviation, (the Dangers and Casualties of the Seas excepted). And if the above-bound

Heirs, Executors, or Adminiftrators, do and fhall, within

Days next after the faid Ship, or Veffel, fhall be arrived in the faid River of Thames, from the faid Voyage, or at the End and Expiration of the faid Thirty-fix Calendar Months, to be accounted as aforefaid (which of the faid Times shall first and next happen) well and truly pay, or caufe to be paid, unto the above-named Executors, Adminiftrators, or of lawful Money of

Affigns, the Sum of

461

of Great Britain, together with

of like Money, by the Calendar Month, and fo proportionably for a greater or leffer Time than a Calendar Month, for all fuch Time, and fo many Calendar Months, as fhall be elapfed, and run out of the faid Thirty-fix Calendar Months, over and above twenty Calendar Months, to be accounted from the Day of the Date abovewritten; or if in the faid Voyage, and within the faid Thirty-fix Calendar Months, to be accounted as aforefaid, an utter Lofs of the faid Ship, or Veffel, by Fire, Enemies, Men of War, or any other Cafualties fhall unavoidably happen; and the above-bound

Heirs, Executors, or Adminiftrators, do and fhall, within Six Months next after the Lofs, pay and fatisfy to the faid Executors or Adminiftrators, or Affigns, a juft and proportional Average on all Goods and Effects which the faid

which

fball

carried from England on board the faid fhip or Veffel, and on all other the Goods and Effects of the faid acquire during the faid Voyage, and which fhall not be unavoid ably loft: then the above-written Obligation to be void, and of no Effect; or elfe to ftand in full Force and Virtue.

Day of

in the Year of our

Calendar Months, to commence this

Lord One thoufand feven hundred and

fully to be complete and ended. And it is declared, 'that this Affurance is made to and for the Ufe, Benefit, and Security, of the faid Executors, Adminiftrators, and

Affigns, in cafe of the Death of the faid