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1. When a British subject insures
against capture, the law infers that
the contract contains an exception of
captures made by the government of
his own country,

287

2. All insurances of enemies' pro-
perty, from the effects of the acts of
the government of the country of the
underwriters, are illegal at the com-
mon law, and cannot be enforced, 287

3. A ship insured being taken, the
assured may demand as for a total
loss, and abandon to the underwriter,
287

4. By the common law the thing
taken from the owner in war is gone,
and the property so taken in war be-
longs to the captors,
290
5. On a policy, "interest or no
interest," a recapture, after being in

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12. There is no book, ancient or
modern which does not say, "that in
case of the ship being taken, the as-
sured may demand as for a total loss
and abandon. And what proves the
proposition most strongly is, that by
the general law he may abandon in
the case merely of an arrest on an
embargo, by a prince not an enemy,
296

13. The chance of restitution does
not suspend the demand for a total
loss
upon the assurer, but justice is
done by putting him in the place of
the assured in case of recapture,

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he knows nothing, as it is to affirm
that to be true which he knows to be
false,
576

11. When the assured having heard
a report that a ship described like his
was taken, went and insured her
without mentioning the rumour to
the underwriter. Policy held to be
void,
578
12. The time of a ship's sailing
is not material to be communicated,
unless she be a missing ship, or un-
less a ship which sailed after her has
arrived,
579

13. A ship takes in her cargo at
L. and sails to G. An insurance is
made on the goods from G. to D.,
"to begin from the loading." The
policy is void, it being a false descrip-
tion, calculated to induce a belief that
G. was the port of loading, 581

14. Concealment of a letter from
which the time of the sailing of the
ship might be inferred, is material, 583

15. A broker's instructions stated
that a ship was ready to sail on the
24th December. The broker repre-
sented the ship to be in port, when
she, in fact, sailed on December 23.
This was held to be a material mis-
representation,
583
16. Evidence of underwriters is
admissible to prove what, in their
judgment, is a material concealment
of a fact,

584

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27. A material concealment avoids
the policy, although the broker thinks
it immaterial,
612

28. An expectation does not amount
to a representation,
612

29. Where a ship is insured at and
from a place, and does not arrive there
for some time, this need not be com-
municated; but it is for the jury to
say whether the delay varies the risk,

613

30. A letter ordering an insurance
is put into the post before the loss,
but starts after the loss is known.
This is a misrepresentation, whether
arising from fraud or negligence, 615

31. To an action on a policy made
on a ship the defendant pleaded, 'that
at the time of making the policy, the
plaintiff wrongfully and improperly
concealed from the defendant certain
facts and information which the jury
at the trial found to be material, and
was known to the plaintiff when the
policy was made. Held (dubitante,

Pollock, C. B.,) that the defendant
ought to have given some evidence of
the non-communication of the fact, in
support of his plea,
617
32. Where the policy was void by
the fraud of the assured, the premium
was decreed to be returned,
626

33. Where it was clear that the
assured had heard of the loss before
an order was given to insure, it was
held that the premium should not be
delivered back,
628
34. If an underwriter has been
guilty of fraud, an action lies against
him to recover the premium,

FREIGHT.

629

1. General principles relating to
the commencement of the risk thereon,
159

2. The cargo ready to be put on
board, but the ship not ready to re-
ceive it, the policy does not attach, 160

3. In the case of a valued policy a
part of the cargo only on board, the
rest ready, the assured recovered for
the whole,
160

4. If a ship be chartered to a cer-
tain place to take in her cargo, and
on her way there be lost, the under-
writer on freight is liable,
163

5. Where a ship was chartered
from A. to B., and back, at a certain
freight for the outward voyage and
the current freight home, and before
she unloads her cargo, and before any
of the homeward cargo is shipped, she
is lost, the policy on the homeward
freight attached,
165

6. Where freight was agreed to be
paid when part of the voyage was
performed; but, before the freight was
paid, or the voyage finished, the ship
was lost; as the charter-party treated
the whole as one voyage, the policy
on the freight attached,

165

7. When there is not an entire
charter-party for the whole voyage
out and home, and the ship takes out
a cargo to be bartered for goods to
be brought home, and a part of the

outward-cargo is only discharged and
bartered, the assurer on freight for the
homeward voyage can only recover
for the freight of the goods on board,
167

8. Where a ship under a charter-
party was in a condition to take in
her cargo, which was ready for her,
but was lost in a hurricane before the
goods were put on board, held that
the policy on the freight attached, 170

9. In all cases where the freight is
lost by a peril insured against, the
assured is entitled to recover, though
no goods be actually on board, pro-
vided the ship is ready to receive
them, and the goods are ready to be
shipped, or the owner has a contract
with any one for their shipment,
171 to 175

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7. If a ship, though neutral, be
insured on a voyage prohibited by an
embargo laid on in time of war by the
prince of the country in whose ports
the ship happens to be, the insurance
is void,
636

8. But this rule does not extend to
trading contrary to the revenue laws
of a foreign country; for no nation
takes notice of the revenue laws of
another,
638

9. How far trading with an enemy
in time of actual war is illegal, 640
10. By the law of England, 641
11. An insurance on a neutral ves-
sel trading to an enemy's country is
valid,
642

12. Upon the breaking out of a
war, neutrals have a right to carry on
their accustomed trade, with the ex-
ception of contraband articles, &c., 642

13. But a neutral has no right to
engage in the colonial trade of either
of the belligerent parties, which he
never possessed in time of peace, 643

14. By the common law, the trad-
ing with an enemy without the king's
license is illegal,
644
15. The power of licensing parti-
cular trades with hostile states, in
time of war, is part of the prerogative
of the Crown,

644

16. The king may qualify his li-
cense, which must be strictly con-
formed to,
645
17. The condition must be strictly
complied with,
647

18. The party having the license
must show his authority to have it,
and how he obtained it,
647

19. The fraudulent alteration of a
license avoids it, even where the party
claiming its protection is innocent of
the fraud,
648

20. The Courts of Justice will per-
mit every thing to be done, though
not expressed, which is necessary in
order to effectuate the intention of his
Majesty in granting the license, 648

21. If the voyage, by unavoidable
accident, be delayed beyond the time
for which the license was granted, yet

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25. When a British subject insures
against captures, the law infers that
the contract contains an exception of
captures made by the government of
his own country,
658

26. Where a voyage is prohibited
by the navigation laws of this country,
the insurance upon the adventure is
illegal also, and therefore void, 659

27. By a recent act against smug-
gling, persons insuring the delivery of
prohibited goods, are to forfeit 500l.
over and above any other penalty to
which he may be liable. And there
is the like penalty on the assured, 660

28. Where part of a cargo is legal,
but intended to cover an illegal design,
the whole policy is void. But if part
of a cargo be licensed, an insurance of
that part is not vitiated, though an-
other part is not licensed and illegal,
if there be no fraud,
660

29. Where an exportation was pro-
tected by a valued policy, the goods
to be thereafter specified, and the spe-
cification contained prohibited goods,
the contract was entire, and the policy
void,
661
30. A sentence against a neutral

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