much accuracy, and with so earnest a desire to bring them within the principles already established, that I have seldom found myself at liberty to abridge, lest I should destroy the luminous mode in which the argument has by them been placed. The consequence has been, that I found it quite impossible to continue the former paging, without destroying at once almost all possibility of reference. I have therefore paged this Edition in the usual manner: and it is of the less consequence, because the new matter could not be found in any former Edition and as this is probably the last time that I shall have to solicit, in my own person, professional or public attention to a Work, which has hitherto met with so great a portion of their esteem, I have been desirous to render this Edition as perfect as possible.

J. A. PARK.

LINCOLN'S-INN FIELDS,

March, 1817.

PREFACE

ΤΟ

THE FIRST EDITION.

WHEN a man presumes to solicit publick notice for any work of a literary nature, the world' have a right to know the motives, that induced him to write, and upon what foundation he builds his claim to their attention. Notwithstanding the number of cases, which have of late years been determined in the English courts of justice upon the law of insurance, and the uniformity of principle, which pervades them all; yet the doctrine of insurances is not fully known and understood. This in some measure happens from the decisions upon the subject being scattered in the various books of reports, according to the order of time in which they were determined; and the connexion of which, from the nature of those publications, cannot be preserved. As many persons cannot spare time, and few will take the trouble, to collect the cases into one point of view; and as all cases of insurance must necessarily be attended with a number of facts, it is not to be wondered at, if from a cursory, inattentive, and unconnected perusal of them in a chronological order, a great part of the world should remain unacquainted with the true principles of insurance law. No book that I have met with in the English language*, has ever yet attempted to form this branch of jurisprudence into a systematick arrangement, or to reduce the cases to any fixed or settled principles.

Convinced of the utility of such a work, I thought I could not employ my time more advantageously to my profession or myself; nor better express that respect which I, in common with every lawyer, feel for the venerable magistrate (a), to whom this work is inscribed, and for the other learned judges, who have assisted in erecting this fabrick, than by extracting all the cases upon this subject from the mass of other learning, with which they lie buried in the reporters; and thereby endeavouring to prove to the world that the doctrine of insurance now forms a system as complete in every respect as any other branch of the English law. Could any other incitement have been requisite, the opinion of Mr. Justice Blackstone would have had considerable weight. "The learning relating to marine insurances," says that elegant commentator (b), "has of late years "been greatly improved by a series of judicial deci"sions, which have now established the law in such "a variety of cases, that (if well and judiciously "collected) they would form a very complete title "in a code of commercial jurisprudence." Urged by these motives, I was induced to undertake this work, which is now presented to the world.

No subject can be properly understood, unless the materials be methodically arranged; and therefore the first object I had in view was to fix upon certain heads, which would be sufficient to comprehend all the law upon insurances. For this part of the work I alone am accountable, the design being entirely my own. It may, however, in some degree abate the

(a) The late William Earl Mansfield, to whom the first and second editions of this work were dedicated.

(b) 2 Blackst. Com. 490.

severity

severity of censure to recollect, that in the arrangement of the subject I had no example to follow, no guide to direct me; and I was left entirely to the impulse of my own judgment. But to enable the profession to judge of the nature of my plan, I will state the reasons that influenced me in the mode I have adopted.

As the policy is the foundation, upon which the whole contract depends, I have begun with that, and endeavoured to shew its nature and its various kinds : and I have also pointed out the requisites which a policy must contain, their reason and origin, as they are to be collected from decided cases, or the usage of merchants. When we have ascertained the nature of a policy, the next object is to discover by what general rules courts of justice have guided themselves in their construction of this species of contract. It is then necessary to descend to a more particular view of the subject, and to fix with accuracy and precision those accidents, which shall be deemed losses within certain words used in the policy. Thus losses by perils of the sea, by capture, by detention, and by barratry, will be a material ground of consideration. When a loss happens, it must either be a partial, or a total loss; and hence it becomes necessary to ascertain in what instances a loss shall only be deemed partial, in what cases it shall be considered as total; and how the amount of a partial loss is to be settled: hence also arises the doctrine of average, salvage, and abandonment. These points therefore will be the next object of attention.

Having considered the various instances in which the underwriter will be liable upon his policy, either for a part, ot for the whole amount, of his subscrip

tion; we seem to be naturally led to the consideration of those cases in which the underwriter is released from his responsibility. This may happen in several ways: For sometimes the policy is void from the beginning, on account of fraud; of the ship not being seaworthy; or of the voyage insured being prohibited. There are also cases, in which the insurer is discharged, because the insured has failed in the performance of those conditions, which he had undertaken to fulfil; such as the non-compliance with warranties; and deviating from the voyage insured: These and many other points of the same nature occupy several chapters.

When the underwriter has never run any risk, it would be unconscionable that he should retain the premium: Therefore after considering those instances, in which this is the case, it is natural next to ascertain in what cases the underwriter should retain, and in what cases he should return the premium.

It would be in vain to tell a man, that he was entitled to the assistance of the law, and that his case was equitable and right, without pointing out in what forum, and by what mode of proceeding he should seek a remedy. I have endeavoured to point out the proper tribunal, to which the person injured is to apply; the mode of proceeding, which he is to adopt; and the nature of the evidence he must adduce to substantiate his claim, with respect to this contract: After the discussion of marine insurances, I have added three chapters upon subjects, which, though they do not form a part of the plan, are so materially connected with it in the rules and principles of decision, that it seemed to me the work would be defective without them: These are, bottomry and

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