Rt 3315°

tioned in the policy. So likewife on fhips that go trading voyages, as round to Cadiz; and that it fhall be lawful after the fhips delivery there, to take in at the fame port another cargo, and with that proceed to the Weft-Indies, or other parts, and back again to Cadiz, and from thence to London; this policy being general and dangerous, feldom procures fubfcriptions, or at leaft very chargeable ones: As goods and merchandize are commonly enfured, fo likewife are the fhips, tackle and furniture; but in regard there feldom happens a voyage but fomewhat is miffing, or loft, the premio commonly runs higher than for merchandize.

Affurances may be made on goods fent by land, fo likewise on hoys, and the like, and may be made on the heads of men; as if a man is going for the Streights, and perhaps is in fome fear that he may be taken by the Moors, or Turkish pirates, and fo made a flave, for the redemption of whom a ranfom must be paid, he may advance a premio accordingly upon a policy of affurance; and if there be a caption, the affurer muft anfwer the ransom that is fecured to be paid on the policy.

Thofe affurances are moft dangerous when there are thefe words loft, or not loft; which is commonly done when a fhip hath been long miffing, and no tidings can be had, the premio (especially in time of war) will run very high, fometimes thirty, or forty pounds, per cent: And though it happens at the time that the fubfcription is made the fhip is caft away, yet the affurers muft answer. f

But if the party that caused the affurance to be made, faw the ship wrecked, or had certain intelligence of it, fuch fubfcription will not oblige, the fame being accounted a meer fraud.

So likewife if the affured, having a rotten veffel, fhall affure upon the fame more than fhe is worth, and afterwards give order that going out of the port, she should be funk, or wrecked, this will be fraudulent, and not oblige the affurers to answer.

If a ship be enfured from the port of London to Cadiz, and before the ship breaks ground, fhe takes fire, and is burnt, the affurance in fuch a cafe fhall not anfwer; for the adventure begun not till the fhip was gone from the port of London; but if the words had been, at and from the port of London, there they would upon fuch a misfortune have been made liable.

If such an assurance had been from London to Cadiz, and the hip had broke ground, and afterwards been driven by ftorm to the port of London, and there had took fire, the enfurers must have anfwered; for the very breaking of ground from the port of London was an inception of the voyage,

A Policy of Affurance.

Know all men by these prefents, that A. B. of &c. merchant, as well in his own name, as for, and in the name and names of all, and every other perfon and perfons, whom the fame may or fhall concern, doth make affurance, and hereby cause himself and them, and every of them, to be affured, loft or not loft, at and from the port of London to, &c. in the kingdom of, &c. and at

C 4

and

and from thence back to London, upon the body, tackle, apparel, ordinance, munition, artillery, boat, and other furniture, of and in the good fhip Frederick, burthen, &c. or thereabouts, whereof C. D. is mafter; beginning the adventure upon the faid fhip, from and immediately following the day of the date hereof, and fo continue and endure until the faid fhip, with her faid tackle, apparel, ordnance, munition, artillery, boat and other furniture, fhall be arrived at, &c. as aforefaid, and during her abode and stay there, and further until the faid fhip, with all her tackle, apparel, &c. fhall be arrived back at London, and hath there moored at anchor twenty-four hours; and it shall be lawful for the faid fhip in this voyage, to proceed and fail to, and touch and stay at, any ports, or places whatsoever, efpecially at, &c. without prejudice to this affurance, The faid fhip, &c. for fo much as concerns the affured, is and shall be rated and valued at, &c. fterling, without further account to be given by the affured for the fame; and touching the adventures and perils, which we the affurers are content to bear, and do take upon us in this voyage, they are of the feas, men of war, fire, enemies, pirates, rovers, thieves, jetfons, letters of mart and countermart, reprifals, and taking at sea, arrefts, reftraints, and detainments of all kings, princes, and people of what nation, condition, or quality foever, barratry of the mafter and mariners, and all other perils, loffes and misfortunes that have, or fhall come to the hurt, detriment, or damage of the faid fhip, &c. or any part thereof: And in cafe of any misfortunes, it fhall be lawful for the affured, their factors, fervants and affigns, to fue, labour and travel, in and about the defence, fafegard, and recovery of the said ship, &c. or any part thereof, without prejudice to this affurance; to the charges whereof we the affurers will contribute each of us, according to the rate and quantity of his fum herein affured. And fo we the Af furers are contented, and do hereby promife, and bind ourselves (each for his own part) our heirs, executors, goods and chattels, to the affured, their executors, adminiftrators and affigns, for the true performance of the premises; confeffing ourselves paid the con fideration due to us, for this affurance, by E. F. G. H. &c. at and after the rate of, &c. per cent. and in case of a lofs, to abate, &c. per cent. and to pay without farther proof of any interest whatsoever, more than this prefent policy; any ufe, or custom to the contrary notwithstanding. In witnefs, &c. Two corporations for the affurance, or infurance of fhips were established, 6. George I. Chap. 18. whereby it was enacted, that fuch as fhould be admitted as members into the faid corporations, fhould be each a diftinct and feparate body politic, for thirty-one years, for the Affurance of fhips, goods, and merchandizes at fea, or for lending money upon bottomree. And that each of the faid corporations, in confideration of the benefits which might accrue to them by the faid charters, should pay into his majefty's Exchequer, the fum of 300,000l. for discharging the debts of the Civil Lift.

And

And that no other fociety fhould infure fhips, or lend money on bottomree for the future; but any private perfons might insure ships, &c. as before: Thefe corporations however met with fo little encouragement, that the crown was obliged to remit most part of the money they were obliged to advance, for paying the debts of the Civil Lift; and one of them, notwithstanding this indulgence, is far from being in a flourishing condition.

After the ift of Auguft, all money to be lent on bottomree, or at refpondentia, upon fhips belonging to his majesty's fubjects, bound to, or from the Eaft-Indies, fhall be lent only on the thip, or on the effects, and fhall be fo expreffed in the condition of the bond; and the benefit of falvage fhall be allowed to the lender, his agents, &c, who alone fhall have a right to make Affurance on the money fo lent; and no borrower on bottomree, or at refpondentia, fhall recover more on any Affurance than the value of his intereft, on the fhip, or effects, exclufive of the money borrowed; and if it shall appear that the value of his fhare in the ship, &c. doth not amount to the full fum he hath borrowed, he shall be refponfible to the lender for so much thereof as he hath not laid out on the fhip, &c. with lawful interest for the fame, together with the Affurance, and all other charges, in the porportion the fame fhall bear to the mony lent, notwithftanding the fhip and effects be totally loft.

After the first of August no Afsurance shall be made by any perfon, or perfons, bodies corporate, or politic, on veffels belonging to his majefty, or his fubjects, or on any goods, merchandizes, or effects, on board, the fame, intereft, or no intereft, or without further proof of intereft than the policy, or by way of gaming or wagering; or without benefit of falvage to the Affurer, and that every fuch Affurance shall be null and void to all intents and purposes.

ASSIGNEE and ASSIGNMENT, See BANKRUPTS and BILLS of EXCHANGE.

ATTORNEY. Attorneys are either general or fpecial, and conftituted by deed, or letter of attorney. If one be appointed to tranfact all manner of affairs, then is he ftiled a general attorney: If appointed only to tranfact fome particular bufinefs, then is he a fpecial Attorney. Attorneys at law are employed to profecute or defend fuits of law.

A letter of Attorney from a Seaman,

Know all men by these prefents, that I 'H. H. mariner, now belonging to his majesty's fhip the, &c. for divers good caufes and confiderations, me hereunto moving, have and by these prefents do make, ordain, constitute and appoint my trusty friend P. Q. citizen and baker of London, my true and lawful Attorney, for me, and in my name, and for my ufe, to ask, demand and receive, of and from the right honourable the treasurer, or paymaster of his majefty's navy, and commiffioners of prizemoney, and whom elfe it may concern; as well all fuch wages,

and

and pay bounty money, prize money, and all other fum and fums of money whatsoever, as now are, and which hereafter fhall, or may be due, or payable to me; alfo, all fuch pensions, falaries, smart money, and all other monies and things whatfoever, which now, or at any time hereafter is, or shall be due to me,for my service,or otherwise,in any of his majesty's fhip or ships, frigates, or vefiels: Giving and hereby granting unto my faid Attorney, full and whole power, to take, purfue and follow, fuch legal ways and courfes, for the recovery, receiving, obtaining and discharging the faid fum, or fums of money, or any of them, as I myfelf might, or could do, were I perfonally present. And I do hereby ratify, allow and confirm all and whatsoever my faid attorney fhall lawfully do, or caufe to be done, in and about the execution of the premises, by virtue of these presents. In witness, &c.

The form of a revocation of a Letter of Attorney.

Know all men by these presents, that whereas I H. R. of H. in the county of G. yeoman, upon the truft and confidence which I had in J. G. of &c. Gent. by Letter of Attorney under my hand and feal, bearing date, &c. did make, ordain, conftitute and appoint, the faid J. G. my lawful Attorney, for me, and in my name, and to my ufe, to afk, demand, recover and receive, of and from W. W, of &c. falter, the fum of &c. as thereby more at large may appear. Now know ye, that I the faid R. H. for divers good caufes and confiderations me hereunto moving, have, and, by these prefents, do revoke, difannul and make void the faid Letter of Attorney, and all power and authority therein, to him the faid J. G. given. In witnefs, &c.

AUCTION and Auctioneer. Auction is the fetting goods to fale to those that bid most within a limited time; as during the burning of an inch of wax candle, or till the Auctioneer knocks with his hammer. He that bids laft, before the candle is extinguished, or before the Auctioneer ftrikes, is intitled to the lot of goods.

The Auctioneer is a kind of cryer, who repeats aloud what every one bids; and when he finds the people ceafe bidding fome time, he ftrikes with his hammer, and puts up another lot or parcel of goods to fale.

The East India company fell most of their goods by inch of candle, at the India houfe, the buyers being permitted to see the goods fome time before the fale. Both fhips and goods are fold in like manner, at Lloyd's coffee-houfe, in Lombard-street.

AUDLEY-END, in Effex, 34 Miles from London. Carrier, Vine and Dolphin, Bifhopfgate-ftreet, Wednesday, and Thursday. AVERAGE, a small customary duty paid by merchants to mafters of fhips, over and above the freight, as a recompence or gratuity for their taking care of the goods on board, and is commonly one penny, and fometimes two pence, on every shilling freight.

Average fignifies alfo a fpecial allowance made by the merchants to the mafter of a fhip, for extraordinary loffes, or damage fuftained;

sustained; as, when the mafter is obliged to cut a maft or cable to fave the ship and cargo, or is at extraordinary charge for piloting up a river, &c. It alfo fignifies the contribution made by merchants or infurers, for the lofs of goods thrown over-board in a ftorm.

AULNAGE. All manner of cloths vendible shall be measured by the King's Aulnager, or his deputies, and all cloths which fhall be found of lefs measure by a yard than the affize fhall be forfeited to the king. 25 Edward II. cap. 1.

Cloths fhall not be forfeited, altho' they want of affize; but the King's Aulnager fhall measure the cloth, and mark how much it contains, and for so much as the cloth wants of the affize, an allowance shall be made to the buyer; and the Aulnager shall have for his fee, an halfpenny for a whole cloth, and a farthing for half a cloth,and nothing for cloths that are lefs; but cloths offered to fale before they are marked shall be forfeited to the king, 27 Edward III. cap. 4.

If an Aulnager shall feal any piece of cloth, which is not of affize, it fhall be forfeited by the owner, and the Aulnager fhall lofe his office. If an Aulnager feal a cloth that is not of the affize or measure it is fealed for, he fhall forfeit the value of the cloth, and his office; and be imprisoned for a year, and ransomed at the King's will. 3 Rich. II. cap. 2.

Course cloths of three quarters breadth, called Longware, and Kendal cloths, are exempted from being of the affize of other cloths. 3. Rich. II. cap. 11.

If any clothier expofe his cloth to fale before he hath paid the Aulnager his accustomed fee, he fhall forfeit twenty-fhillings. 5th and 6th Edward VI. cap. 6.

No cloth fhall be exported, without the Aulnager's, and the owner's feal affixed to it, declaring the length of fuch cloth, on pain of forfeiting the fame, or the value thereof.

No perfon fhall expose to fale in the county of Lancaster, or convey out of the faid county, any kind of cloths, cottons, rugs, or frizes, without fixing thereto a feal of lead, with the mark of the clothier on one fide, and the length of such cloths marked on the other fide; and the Aulnager fhall alfo fix the Queen's feal thereto, with a Portcullis engraved on one fide, and the true weight of every fuch cotton, frize, or rug, on the other fide, on pain of forfeiture of fuch cloths; one moiety to the crown, and the other to the informer. 8. Eliz. cap. 5.

The Aulnager fhall feal no cloth without weighing, on pain of twenty-fhillings for every pack he omits weighing; his fee to be three-pence for a pack, and for a lefs quantity, a halfpenny the piece.

AUME. Forty-two gallons of Rhenish wine.

AXMISTER, Devonshire, 146 miles from London. Market on Saturday. Fairs April 25, June 24, and the Monday after Michaelmas. Carrier, the Bell, in Friday-street, Monday, Wednefday and Saturday,

AYE,