PROCEEDINGS-continued.
Contribution of average may be recovered by a
. suit in equity or action at law,
Insured cannot recover unless they make a full
disclosure of circumstances,
If ship be insured at and from A. to B. and there
be any illegality in the transaction during her
stay at A. assured cannot recover for a loss
happening between A. and B.
PROHIBITED GOODS.
Insurances made to protect importation or expor-
tation of prohibited commodities are void,
What are deemed contraband or prohibited goods, 162
Penalty of 500l. on persons insuring to import
prohibited goods by 4 & 5 W. & M. c. 15. s. 14.
&c. and 8 & 9 W. 3. c. 36. s. 1.
QUARANTINE.
Ship ordered to perform quarantine after arrival
at her moorings, but before she remained 24
hours, renders underwriter liable,
RE-ASSURANCE..
Action not maintainable for premiums on re-as-
19 Geo. 2. c. 37. s. 4. renders re-assurance unlaw-
ful, unless underwriter should be insolvent, be-
come bankrupt, or die,
Assured must state in policy it is a re-assurance,
Usage of other countries in respect of re-
́assurance,
RECAPTURE. See Tit. CAPTURE.
RESPONDENTIA. See Tit. BOTTOMRY.
RETURN OF PREMIUM.
If ship arrive before policy is made, and under-
writer is acquainted therewith, but insured is
not, latter is entitled to return of premium,
But if both parties be ignorant of the arrival, and
the policy (as usual) is lost or not lost under-
writer should retain,
Clauses inserted in policy, stating that upon a
certain event premium shall be returned, have
a binding operation,
If no risk run, consideration for premium fails,
RETURN OF PREMIUM-continued.
In a policy where there was a clause that 87. per
cent. should be returned if ship sailed from the
West India Islands with convoy, and arrives,
held that arrival of ship, whether with or with-
out convoy, entitled party to a return of pre-
mium,
SAILING, Time of,
may be extended without a new stamp,
Expenses of salvage not necessary in declara-
ration as special breach of policy,
On payment of salvage, right of original owner
preserved to him for ever,
In case of wreck or derelict at sea, no positive rate
of salvage fixed,
Principle of court of admiralty in fixing salvage, 110
Admiralty will not suffer claim of salvage to be
ingrafted on local ignorance of foreigners,
Passenger not entitled to claim salvage,
But in case where master deserted vessel, and
took part of the crew, a person on board as pas-
senger, at the request of remaining crew, took
the command, and brought her into port in safe-
ty, held to be entitled to salvage,
Payment of salvage regulated by,
12 Anne, st. 2 c. 18.
4 Geo. 1. c. 12.
26 Geo. 2. c. 19.
What is a reasonable allowance, ascertainable by
three justices of the peace,
Case where captain paying salvors, on his own
application, constituted himself agent of the
Wearing apparel of master and seamen always
exempt from salvage,
Expense of salvage borne by underwriters,
Where salvage is high, insured may abandon,
SEA WORTHINESS,
Determination in respect of
Ground of decision,
SEA WORTHINESS-continued.
If ship not sea worthy at time of insurance, there
is no contract at all,
Same doctrine applies to goods,
If information as to sea worthiness be called for,
assured must disclose truly what he knows,
need not be documented as belonging to any par-
ticular country, and if captured, owner of goods
may recover,
Ship arriving at a port where an embargo is pre-
viously laid, and the day after extended to her,
cannot be said to have been moored in safety
twenty-four hours,
If ship does not carry her freight, insured cannot
By stat. 31 Geo. 3. c. 4. s. 7. and 32. Geo. 3. c. 52.
for regulating slave trade, certificate of captain
having served as required, must be attested by
owner, and assured cannot recover unless captain
has such certificate,
Death of slaves by failure of provision, &c. not a
loss within the policy,
Custom of companies and underwriters in Lon-
don as to stranding,
Companies have left out words " or the ship be
stranded," and are only liable in case of general
average,
On insurance upon fruit, and policy contain usual
memorandum" corn, fruit, &c." and the ship
be in fact stranded, underwriters liable for
average loss,
Where there is a bonâ fide stranding, goods ex-
cepted in memorandum are subject to partial
loss,
Ship running on some wooden piles to keep up
shore, and remaining there till they were cut
away, deemed stranded,
Ship laden with corn, striking on sand bank in the
river Thames, plaintiff recovered for average
loss,
STRANDING-continued.
Construction to be put on the words unless
stranded,
UNDERWRITER,
liable if ship not moored twenty-four hours,
Underwriter presumed to be acquainted with
practice of trade he insures,
not liable for sailors' wages and provisions while
ship detaind to refit,
liable if goods damaged in lighter without negli-
gence,
Unforeseen separation from convoy renders un-
derwriter liable,
Provisions as to underwriter becoming bankrupt,
Underwriter not answerable for partial loss to
corn, fish, &c.
On French property in time of peace not liable for
loss by capture by king's ship during hostilities,
though they terminated prior to action,
Where ship in unloading her cargo occupied many
days in fishing, and was captured, insurer liable
by usage of trade,
Where ship arrived at wharf 12th January, but
could not unload, being on the outside tire, with
anchors out, &c. and continued so till the 19th,
when some ice forced her adrift, and she was
lost, held to be completely moored on the 12th, 24
VALUED POLICY,
In case of valued policy, assured must recover
whole sum, because he could not have any claim
for return of premium for short interest if ship
arrived safe,
On a policy on ship and goods valued at so much,
on a voyage to Africa and the West Indies, in-
sured, are entitled to recover on a total loss
which happened in the latest period of the
Distinction between interest and wager policies, id.
WAGER POLICY-continued.
Wager policy, and those interest or no interest,
prohibited by 19 Geo. 2. c. 37. s. 1.
Proviso in favour of private ships of war, s. 2. 146
WARRANTY.
What is considered as such,
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Difference between warranty and representation, id.
Various kinds of warranties,
If ship be warranted to sail on particular day, and
do not, underwriter is not answerable,
Detention of governments no excuse for breach
of warranty,
Ship touching at place of rendezvous for convoy,
though detained there by an embargo, has com-
plied with warranty,
If ship warranted to sail with convoy, and do not,
underwriter not responsible,
Warranty to sail with convoy understood to mean
throughout voyage,
Where ship is prevented from joining convoy by
tempestuous weather, yet endeavours to do so,
deemed a satisfaction of warranty to sail with
convoy,
If warranty of neutrality be not complied with,
contract void ab initio,
Sailing orders necessary to performance of war-
ranty to depart with convoy, unless particular
circumstances exempt insured from general
rule,
Where insurance on ship "called the American
ship President," taken to be all name, and not a
warranty,
Warranty that a ship is American property, means
that she is entitled to privileges of American
flag, and if she has no passport, it is not compli-
ed with,
Such passport must express place of habitation of
Commander by Art. 25 of treaty between
America and France,
On a warranty with convoy from Hull to Bilboa,
voyage from Hull to Portsmouth, and thence to
Bilboa, considered distinct,
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