to any vessel the consul could provide: b gh the circumstances would have justified c asioned a loss, the underwriters are not lia Chapman v. Benson, 5 Com. B. 330, 362, ke, B., delivering the judgment of the Exc ow can it be said there was" a total loss, er, if he had acted with judgment, ought k, therefore, that, whether there were or we the owner might have been at liberty to tre the adventure, and so cause a total loss of t ture was not, in point of fact, abandoned, t ot arisen."

-We have great difficulty in seeing how t er the enumerated sections, but will take tim Cur. adv. vult. on a later day in this Term (19th November

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hat in this case the defendant is entitled pecial written memorandum at the end of t have no claim. The insurance in the eclared to be "on passage-money," no he underwriters are liable, from the detenti the expenditure of money in maintaining t ship was repaired and enabled to pursue h uring this detention, which arose from per vas thrown upon the owners by the section 852, enumerated in the memorandum, so fa to be indemnified. The expense claimed wa the emigrants on shore, while the ship wa above six weeks. But, taking into consider was repaired and continued her voyage wit we are of opinion that this expense was ne y any of the enumerated sections of the A t. 47 to sect. 51.

iffs, sections 49 and 50 are relied upon. I &B. 586 (E. C. L. R. vol. 82), we held tha ssured had a right to recover, the ship havin within six weeks having forwarded the em ecause by these sections it was the duty o e expense of the owners of the ship insured ining the emigrants while the ship is unde

dgment of the Common Pleas in Benson v. Chapman, 6 N gment of Exch. Ch. affirmed in Dom. Proc.: see Benson