PART III. lost or not lost, at and from TIT. II. -to any CAP. IX. upon any kind of goods or 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 the present voyage, E. T., or whosoever else shall go for master in the same 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 further 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, sail to, and touch and stay at any ports or places whatsover, without prejudice to this insurance. The said ship and goods and merchandises, &c., for so TIT. II. CAP. IX. much as concerns the assureds by agreement PART III. 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 counter-mart, surprisals, takings at sea, arrests, restraints, and detainment of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the masters 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, or ship, &c., or any part thereof. And in 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 merchandises, or 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 by us, the insurers, that this writing or policy of assurance, shall be of as much force and effect as PART III. the surest writing or policy of assurance TIT. II. CAP. IX. heretofore made in Lombard Street, or in The Memorandum. Time policy. the Royal Exchange, or elsewhere in London. And so we, the assurers, are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods, to the assureds, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for the assurance by the assured at and after the rate of "In witness whereof, we, the assurers, have subscribed our names and sums assured in London. 985. "N.B.-Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded. Sugar, tobacco, hemp, flax, hides, and skins are warranted free of average under 5l. per cent. And all other goods, the ship and freight, are warranted free of average under 31. per cent., unless general, or the ship be stranded." (Sm. Merc. Law, 348; Arnould, 17.) 986. A time policy is a policy by which a ship is insured for a certain period of time, instead of for a certain voyage. Such an insurance is effected in consequence of the ship being TIT. II. intended to be employed in adventures, PART III. which, from their nature, it would be in- CAP. IX. convenient or even impossible to designate by local termini. (Arnould, 462.) 987. not lost." The words "lost or not lost" render the "Lost or underwriter liable, although the ship be lost at the time of insurance, unless the loss were known only to the insured. Sometimes, however, these words are restrained by warranting the ship to be "well" on a particular day. (Sm. Merc. Law, 357-8; Arnould, 21.) 988. Jettison is a throwing of goods overboard, Jettison. for the purpose of saving the ship. (Sm. Merc. Law, 361; 2 Ste. Com. 129; Arnould, 904.) 989. The word "people" signifies the governing "People." power of a country. (Sm. Merc. Law, 361; Arnould, 836.) 990. Arrest is a temporary detention, for a Arrest. state purpose, of a ship and goods, by the government of the country to which it belongs, or some other friendly power, not with the object of prize (for then it would be a capture), but with a design to restore the ship and goods, or to pay for them. (Arnould, 836.) 991. The most usual species of arrest or detain- Embargo. ment is an embargo, which is a prohibition T PART III. of state issued to prevent the departure of TIT. II. CAP. IX. ships or goods in time of war, or to exclude Barratry. Losses. Meaning of the Memorandum. them from a port. (Sm. Merc. Law, 361; Arnould, 837; Aubert v. Gray, 3 Best & Sm. 163, 166.) 992. Barratry is a wilfully wrongful act or neglect, on the part of the master or mariners of the ship, by which the owners of the ship or general freighters are injured. (Sm. Merc. Law, 362-3; 2 Ste. Com. 129; Arnould, 844-5.) 993. Delay in the voyage occasioned by tempestuous weather, and causing the loss of the cargo (as in the case of perishable goods), is not within an ordinary policy. (Taylor v. Dunbar, L. R. 4 C. P. 206.) 994. The word "average," as used in the Memorandum, means "partial loss by sea damage,” and the expression, "warranted free from average," means "so insured as to exclude all liability for partial loss by sea damage." And the meaning of the clause is, that on certain articles of a peculiarly perishable nature, first enumerated, the underwriter shall not be answerable for any partial loss whatever. 2ndly, That on certain other articles of a less perishable nature, but still very liable to be destroyed by sea damage, |