risk on the ship. lying moored in a state of physical safety, though liable at Duration of any moment to seizure, the risk under the policy was held to be at an end. In the case now referred to, a ship insured "from Hamburgh to London," had rendered herself liable to forfeiture under our revenue laws for smuggling committed during the voyage: the ship, however, which had arrived in the port of London on the 1st of September, was not seized by the revenue officers for the said smuggling till the 27th, having been all that time safe at her moorings in the river Thames. It was contended, that as the ship had been liable to seizure from her first arrival, she had not been moored twenty-four hours in good safety within the true meaning of the policy. But the court, partly on the ground that the property in the ship was not altered till after actual seizure, but prin cipally upon the ground of the inconvenience that would arise from extending the underwriter's liability for a period so long after the ship's arrival, held that the risk in this case was at an end twenty-four hours after the ship's arrival. (a) Lockyer v. 3. The ship must have been so moored as to have an op- 3. The ship portunity of unloading and discharging. must be so moored as to If she have not, then, although much more than twenty-tunity of unfour hours may have elapsed since her arrival, the risk will loading and be deemed to be still continuing. Thus, a ship insured "from Leghorn to the port of London, and till there moored twenty-four hours in good safety," arrived on the 8th July at Fresh Wharf and moored, but, that same day, was ordered back into quarantine for a fortnight, upon which her crew deserted her; she did not ultimately go into quarantine till the 30th July, having all the intermediate time remained at her moorings; on the 30th July she went into quarantine, and was burnt on the 23d August, before she could get permission to leave it. The court held that, though the ship had been so long at her moorings before she ultimately went into quarantine, yet she could not be considered to have been there in good (a) Lockyer v. Offley, 1 T. Rep. 252. discharging. Waples v. 1243. Eames, 2 Str. Duration of risk on the ship. Samuel v. Royal Exchange Company, 8 B. & Cr. 119. If, however, the ship have been safety, which must mean an opportunity of loading and discharging. (b) The captain of a teak-laden ship, insured "from Sierra Leone to London, and until moored twenty-four hours in good safety," having received orders from his owners to take the ship into the King's dock at Deptford, brought her up the river for that purpose, and on Sunday evening, the 18th February, arrived off the dock gates; not being able then to enter, he lashed her to a king's ship outside the gates; on Monday morning he found that no order had been procured by his owners for admitting the ship into the docks, but, even if there had, she could not have been then got in owing to the quantity of ice that had drifted down the river: on the 27th of February, which was the first day the state of the river would allow of it, an endeavour was made to get the ship into the docks, but while being warped towards them the rope broke and the ship went ashore near the dock gates and was totally lost. The underwriters resisted the claim of the assured under the policy upon this, amongst other grounds, that the risk on the ship had come to an end by her having moored twentyfour hours in good safety; and, in order to make out this defence, endeavoured to show that the place where the ship had been moored outside the docks might be considered as her place of discharge, because some timber vessels occasionally discharged there. Lord Tenterden, however, held, that as the captain was ordered to take the ship into the king's dock, that alone must be considered her place of discharge, and that, consequently, as the ship had never been at her true place of discharge, she had not been moored twenty-four hours in good safety, and so the risk continued. (c) If, however, the ship have moored as near her wharf, or moored as near proper and usual place of unloading, as the case will admit, her wharf or usual place of discharge as the case will admit, and has only to wait there till her (b) Waples v. Eames, 2 Str. 1243. 5 Martin's Louisiana Rep. N. S. 637., cited 1 Phillips, 471., and † Dickey v. Unit. Ins. Comp., 11 Johns, 358. 1 Phillips, 473. risk on the ship. turn for unloading comes, this is a mooring in good safety. Angerstein v. Ins. 8th ed. 54. and under such circumstances that she has only to wait till Duration of her turn of unloading comes, without again unmooring, this will be held to constitute a mooring in good safety. Thus, where a ship insured to London (with the common clause) arrived at the wharf where she intended to unload, but was laid on the outside of the tier of shipping, there being no room to lay her inside, and so remained moored and lashed to other vessels for seven days, when she was forced adrift by the ice and lost, Lord Kenyon held that she had been moored twenty-four hours in good safety. (d) If this clause were struck out of the policy, the risk on the ship would still continue until her safe arrival at her port of destination, but would cease immediately on her being at her moorings. (e) § 172. When the ship is insured, not to a specified town or port of discharge, but to an island or other district, comprising several ports, at all of which the ship may discharge, questions have been raised as to the duration of the outward risk on the ship so insured. This mode of insurance is exceedingly common in the West India trade. The export trade to the West India colonies consists chiefly of plantation stores, i. e. all kinds of articles of English manufacture which are required by the different estates. The West India merchants in this country generally receive from the planters in each year a list of the articles wanted, or most likely to command a sale, and the outward bound ships are freighted accordingly, with directions to touch at those ports which lie contiguous to the various plantations. As, however, circumstances, which can only be ascertained on arrival, may make it expedient for the ship to touch at more or fewer of these ports, or to visit them in any order which may seem most suitable on the spot, it is almost Dickey v. United Ins. Comp., 11 Johnson's Cases, 358., cited 1 Phillips on Ins. 473. (d) Angerstein v. Bell, Park on Ins. 54. 8th ed. Marshall, 263. (e) Anonymous case, Skinner's Rep. See also the American case of 243. Bell, Park on Duration of ship without this clause. the risk on Continuance risk on the outward voyage and end of the when the ship is insured to a West India island. Course of the West India trade. Duration of invariable to insure the ships to the island generally, without risk on the ship. naming any ports of discharge at all, as "from London to General mode of effecting policies with a view of pro tecting ships trade. Jamaica." The ship having disposed of her outward cargo, and received whatever repairs may be requisite, begins at once to load on board a home cargo of colonial produce; and in order engaged in this to protect the ship during her stay in the island, while repairing and loading her home cargo, either a separate insurance is effected on her for the homeward voyage, "at and from Jamaica to London; " or the same object is attained by insuring the ship for both adventures by the same policy, "at and from London to Jamaica, during her stay there, and at and from thence back again to London." (f) The outward risk on ships so insured comes to an end directly the ship has moored for twenty-four hours at the port in the island where she discharges the bulk of her outward cargo ; and if she be afterwards lost in coasting round the island, it is the underwriters on the homeward policy who alone are liable, though a small residue of the outward cargo may still be on board at the time of loss. It was decided in the time of Lord Mansfield, and has ever since been a clear point in insurance law, that the risk on the outward voyage upon a ship so insured, terminates immediately after the ship has moored for twenty-four hours in safety at the first port in the island at which she stops to discharge the bulk of her cargo, and that afterwards, if lost in coasting round the island, it is the underwriters on the homeward policy, who are alone liable. (g) Nor does it make any difference to the liability of the underwriters, under the outward policy on the ship, that a small part of the outward cargo is still on board at the time of loss. Thus, in the case of Leigh v. Mather, already cited, as it appeared that the ship had moored and unloaded the great bulk of her outward cargo at Montego Bay, in the island of Jamaica, the outward risk on the ship was thereby held to be at an end, and not to be kept alive by sending round a small part of the outward cargo to the port of St. Ann's in the same island. (h) The rule, in fact, in these cases is, that the risk on the ship, under the outward policy, comes to an end immediately (f) For further information as to the course of the West Indian trade, see M'Culloch, Com. Dict. p. 356. art. Colonies and Colony Trade. (g) Crowley v. Cohen, 1 W. Bl. 417, 418. Barras v. London Ass. Comp., Park on Ins. 74. 8th ed. v. Jansen, 2 Taunt 201. (h) Leigh v. Mather, Marshall on Ins. 266. 1 Esp. 412. See also Inglis v. Vaux, 3 Camp. 436. risk on the ship. after she has been moored twenty-four hours in good safety Duration of at the out port where the great bulk of the outward cargo is substantially discharged, and it will not be considered as continuing longer merely because a small portion of the outward cargo is still on board under a destination to a further port. This point is illustrated by the following cases: - A ship Inglis v. Vaux, 3 Campb. 436. was insured "at and from Liverpool to Martinique and all or any of the Windward and Leeward Islands, with liberty to touch at any ports or places whatsoever, to take on board and land goods, stores," &c. The ship arrived at Martinique, where the captain disposed of all his outward cargo, except a small quantity of lime and bricks, with which he sailed for, and arrived at, Antigua, and there remained for about five weeks, partly, as he said, to dispose of the remnant of the outward cargo, and partly to procure a homeward cargo: at the end of this time, the ship, with the lime and bricks still on board, went down in a hurricane. Lord Ellenborough, held, that the underwriters on the outward policy were not liable for this loss, the risk on the ship having come to an end, at all events, directly the disposal of the outward cargo at Antigua ceased to be the sole object of the captain's stay there. (i) lor, 1 Ad. &* Ell. 25. A ship was insured for a trading voyage from the West Moore v. TayIndies to this country and back, in the following terms: "At and from St. Vincent's, Barbadoes, and all or any other of the West India Islands (Jamaica and St. Domingo excepted), to her port or ports of discharge and loading in the United Kingdom, during her stay there, and thence back again to Barbadoes and all or any other West India Islands (Jamaica and St. Domingo excepted), until the ship should be arrived at her final port as aforesaid, with liberty to the ship in that voyage to proceed to and touch and stay at any port or places whatsoever, and to load and unload goods at all places she might call at." (i) Inglis v. Vaux, 3 Camp. 436. |