(Sue and labour clauĚŽÍ.
26
loading thereof aboard the said ship,
upon the said ship, etc.
and so shall continue and endure, during her abode there, upon the said ship. And further, until the said ship, with all her ordnance, tackle, apparel, etc., and goods and merchandises whatsoever shall be arrived at
etc.
upon the said ship, etc., 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, etc., in this voyage, to proceed and mail to and touch and stay at any ports or placeS whatsoever
without prejudice to this Insurance. The said ship, etc., goods and merchandises, etc., for so much as concerns the assured by agreement between the assured 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 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 burt, detriment, or damage of the said goods and merchandises, and ship. etc., or any part thereof. And in case of any loss or misfortune il shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, to and about the defence, safeguards, and re- covery of the said goods and merchandises, and ship, etc., 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 hersin (Waiver clause), assured. And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And it is agreed by us, the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance beretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we, the assurers, are contented, and do hereby promise and bind ourselves, cach que for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured, at and after the rate of
Lost or pol
KOM.
IN WITNESS whereof we, the assurers, have subscribed our names and bums assured in Lendon,
N.B.--Corn, fish, salt, Fruil, flour, and seed are warranted free from average, unless general, or the ship be stranded-sugar, tobacco, hemp. Bax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from" average. under three pounds per cent unless general, or the ship be stranded.
Rules for construction of policy.
The following are the rules referred to by this Ordinance for the con struction of a policy in the above or other like form, where the context does not otherwise require-
Where the subject matter is insured "lost or not lost", and the loss has occurred before the contract is concluded, the risk attaches unless, at such time the assured was aware of the loss, and the insurer was not.
27
Where the subject matter is insured "from" a particular place, the From.
risk does not attach until the ship starts on the voyage insured.
3. (a) Where a ship is insured "at and from" a particular place, and Ar and from. she is at that place in gond safety when the contract is concluded, the risk (Ship). attaches immediately,
(5) If she be not at that place when the contract is concluded, the risk Attaches as soon as she arrives there in good safety, and, unless the policy other- wise provides, it is immaterial that she is covered by another policy for a specified time after arrival.
(e) Where chartered freight is insured "at and from" a particular place, (Preizi). and the ship is at that place in good safety when the contract is concluded the risk attaches immediately. If she be not there when the contract is concluded, the risk attaches as soon as she arrives there in good safety.
() Where freight, other than chartered freight, is payable without special conditions and is insured “at and from" a particular place, the risk attaches pro rara as the goods or merchandise arc shipped; provided that if there be cargo in readiness which belongs to the shipowner, or which some other person has con- tracted with him to ship, the risk attaches as soon as the ship is ready to receive such cargo.
4. Where goods or other moveables are insured "from the loading thereof, From the the risk does not attach until such goods or moveables are actually on board, and loading thereof. the insurer is not liable for them while in transit from the shore" to the ship.
5. Where the risk on goods or other moveables continues until they are Sately unded. "safely landed", they must be landed in the customary manner and within a reasonable time after arrival at the port of discharge, and if they are not so landed the risk ceases.
6 In the absence of any further licence or usage, the liberty to touch and Touch sod stay "at any port or place whatsoever" does not authorize the ship to depart from . the course of her voyage from the port of departure to the port of destination.
The term "perils of the seas" refers only to fortuitous accidents or Perils and towe casualties of the seas. It does not include the ordinary action of the winds and wan
waves.
The term "pirates" includes passengers who mutiny and rioters who Pimies, attack the ship from the shore,
9.
The term "bieves" does not cover clandestine theft or a theft com- Thieren. mitted by any one of the ship's company, whether crew or passengers.
10. The term "arrests, etc., of kings, princes, and people" refers to political Restrain of or executive acts, and does not include à loss caused by riot or by ordinary prince. judicial process,
11. The term "barralry" includes every wrongful act wilfully committed by Bacroary. the master or crew to the prejudice of the owner, or, as the case may be, the charterer,
12. The term "all other perils" includes only perils similar in kind to the An er perits specifically mentioned in the policy.
perils,
13. The term "average unless general" means a partial loss of the subject Avenge unders melter insured other than a general average loss, and does not include "particular ecoctal. charges".
14. Where the ship bas stranded, the insurer is liable for the excepted Suuded. losses, although the loss is not attributable to the stranding, provided that when
the stranding takes place the risk has attached and, if the policy be on goods, bat the damaged goods are op board.
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