5. Last line, for "instruction," read "construction.' 7. In marginal note, insert "a policy" after "effect." 18. In the 5th line from top, for "plaintiff's," read "plaintiffs'." 29. In 18th line from top, for "leave," read "have." 65. In 3rd line from top, for " meritorious," read "mere tortious." 122. In second line from top, for "implied," read "of implied." 134. Last line but two, for "are," read " 212. In the 9th line from the bottom, for "instruction," read "construction." 585. Last line but one after "had," read "not." 640. Last line but two, for " principal," read "principle." THE PRINCIPLES OF THE LAW OF MARINE INSURANCES. PART I. SECTION THE FIRST. THE ASSUred. "as well in own name as for and in the name A. B. the same doth, may, or shall appertain, in part or in all, doth B The assured, his broker, or agent. 1. What perble of being the assured. sons are capa All persons may be the assured. Exceptions with regard to alien enemies. Unless the alien enemy come and reside with the license of the king in this country. But the right of action is only suspended until the return of peace, if the contract were legal and made before the com mencement of the war. assured, with one single exception, and this is, in respect of (a) Bell v. Potts, 8 T. R. 548. Furtado v. Rogers, 3 B. & P. 191. And see post, in this treatise, part 2, sec. 2. (b) Albretch v. Sussman, 2 Ves. & B. 323. (c) 2 Camp. 162. See the subject of insuring the property of an enemy, treated of in Park Ins. 8th edit. p. 522. (d) 15 East, 260. would have concluded him for ever: so that should peace be established to-morrow between the two countries, and the Crown should not have interfered to seize the debt, yet on this plea of bar the plaintiff would have been for ever estopped to sue for his debt. But here the objection is only of a temporary nature: the contract itself was perfect at the time it was made; the trade was made with an alien friend; the insurance, the loss and cause of action, had arisen before the assured had become enemies. When, therefore, they became such it was only a temporary suspension of their own right to sue in the Courts here as alien enemies; but that objection cannot be carried further, nor be applied to the plaintiff as their trustee, who is a subject of the king; otherwise, if it could avail upon this plea, it would be making that a perpetual, which is in its nature only a temporary bar." Secondly, under this head it is necessary to refer to the statute 28 Geo. 3, c. 56, which, after repealing a former statute, 25 Geo. 3, c. 44, the provisions of which were thought too rigid, enacts, "That it shall not be lawful after the passing of this act for any person or persons to make, or cause to be made, any policy of assurance on any ship, or vessel, or upon any goods, merchandises, effects, or other property whatsoever, without first inserting, or causing to be inserted, the name or names, or the usual style and firm of dealing of one or more of the persons interested in such assurance; or without, instead thereof, first inserting the name or names of the usual style and firm of dealing of the consignor or consignors, consignee or consignees of the goods or property so to be insured; or the name or names or the usual style and firm of dealing of the person or persons residing in Great Britain who shall receive the order for, and make such policy, or of the person or persons who shall give the order or directions to the agent or agents immediately employed to negotiate or make such policy." The statute further declares, "that every policy made or underwrote contrary to the true intent and meaning of this act shall be null and void to all intents and purposes." 2. The descrip tion of the persons enabled to sue on the policy by the act, 28 Geo. 3, c. 56. The name, &c. of the persons interested in the assurance. The name, &c. of consignor or consignee. The name, &c. of the person receiving the order to insure. The person who shall give the order to the broker. |