INTRODUCTION.

"POLICY," is the name given to the instrument by which Definition of

the contract is made between the Assurer and the Assured; and it is not signed by both parties, as in most contracts, but only by the Assurer, who is on that account denominated an underwriter (a).

The present Treatise is confined to Policies of Assurance on the Body of a Ship, &c., and on the Goods and Merchandises laden thereon, and which are therefore called Marine Policies.

This instrument, though not ranking with specialty contracts, not being under seal, has, however, for many centuries, been held by the Courts of Justice of this country, and likewise by the courts of foreign countries, a most sacred agreement between the parties to the instrument.

This "policy" contains the seeds of all the principles of the law of Marine Assurances, which have by the lapse of so many years grown up to such a great height. These principles, which are generally considered to be extremely abstract and difficult in the comprehension of them, which, however, will nevertheless be found as consistent with themselves, as much so, or more certainly, perhaps, than the principles of some

(a) Park Ins. p. 1, 8th edit.

policy.

more modern laws, are to be gathered, if it all, with certainty from the meanings and constructions which the Courts of Common Law have from very early times placed upon every word, I would say, at any rate upon every sentence of that instrument called a Marine Policy of Assurance. In such a research, the arguments and judgments of some of the most acute and learned Judges both of early and later times will form the chief ingredients in the establishment of such a fabric, nor will the opinions of learned writers, both British and foreign, be found insufficient in affording great additional light upon this ancient subject of law.

The legal meanings and constructions which have been put on the words and terms used in this instrument, and acquiesced in through a long series of years, and judicial decisions, will supply the matter and form the subject of this Treatise. The Treatise consists of two parts. In the first part it has been my endeavour to get the contract of the parties from the words and terms used in the policy, and that would have been sufficient for our purpose, if a clear understanding of the contract of the parties from the words. and terms used was all that was required. Unfortunately, however, in the dealings in the world and among mercantile men, especially with respect to this particular contract, which requires more "bona fides" than any other, it is not only the real contract that is enough to protect parties entering into this agreement, which is intended for the encouragement and protection of persons who risk not only their profits but their property upon an element the vicissitudes attending which are so well known. Besides the contract they enter into, there are many other considerations to be

taken into the account, in order that this system of protection should not be abused. Consequently the subject of the principles of the law of Marine Insurances must include all those questions so well known to the law relative to the voidness or avoidableness of this contract as well as others. I, therefore, briefly mention that, having endeavoured, by going through the policy sentence by sentence, from the beginning to the end, in the first part of this Treatise, to lay down what I believe to be the principles of law strictly applying to the contract itself. In the second part of this Work it was necessary to treat of those topics which have a reference to the question, "Whether or not every thing has been done by the parties who have entered into the contract, to entitle each to the legitimate benefit which each expected to enjoy?" And, if not, it was necessary to point out what legal steps are to be taken by either to enforce their respective rights in the mode laid down by the law.

The following is the common printed form of a Private Underwriter's policy on ship or goods:-(See 35 Geo. 3, c. 63.)

IN THE NAME OF GOD, Amen. A. B. as well in his own name, as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all, doth make assurance, and cause himself, and them, and every of them to be insured, lost or not lost, at and from

upon any kind

of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the

whereof is master, under God, for this present voyage, E. F., or whosoever else shall go for master in the said ship, or by whatsoever other name or names the

same ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship,

upon the said ship, &c.

and so shall continue and

endure, during her abode there, upon the said ship, &c. And farther, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and merchandises whatsoever, shall be arrived at

upon the said ship, &c., until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c.,in this voyage, to proceed and sail to and touch and stay at any ports and places whatsoever

without prejudice to this insurance, the said ship, &c., goods and merchandises, &c., for so much as concerns the assureds by agreement between the assureds and assurers in this policy are and shall be valued at

Touching the adventures and perils which we the assurers are contented to bear, and do take upon us in this voyage, they are of the seas, men-of-war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof. And in any case of any loss or misfortune, it shall be lawful to the assureds, their factors, servants, and assigns, to sue, labour, and travel for, in and about the defence, safeguard and recovery of the said goods and merchandise and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof we the assurers will contribute each one according to the rate and quantity of his sum herein assured. And it is agreed