POLICY.

Goods (shipped).

No. CCCCXXX.

*A Policy of Insurance on Goods on board a Ship (1).

IN THE NAME OF GOD, AMEN. (insured) of, &c. as well in his own name, as for and in the name and names of all and every other

(1) A policy of insurance is an instrument by which one party, i. e. the insurer, or, as he is usually styled in mercantile language, the underwriter, in consideration of a stipulated sum of money undertakes to indemnify the other party against the perils of a voyage. Any person may, at his own risk, become an insurer; but to each insurance, in order to divide the loss which may happen, there are in general several underwriters; by which means "it cometh to pass, that upon the loss or perishing of any ship there followeth not the undoing of a man, but the loss lighteth rather easily upon many than heavily upon few, and rather upon those who venture not, than those who do venture; whereby all merchants, especially of the younger sort, are allowed to venture more willingly and more fully." See preamble of 43 Eliz. c. 12.

But by 6 Geo. I. c. 18. none but the London Assurance and Royal Exchange companies could effect assurances as partners in risk or gain, but this act, as to the prohibition of insurances by society, or partner insurancers, is repealed.

With respect to marine policies it may be noticed, that nothing can be the subject of an insurance but what belongs, either actually or by contract, to the insured, so that some risk must have begun and some loss be sustainable by the party in the event of accident; subject to which doctrine, any thing, even freight and passage money, either as to the whole or part of a voyage, may be the subject of an insurance; also the expected profits of a cargo; but not wages or salaries which will not become due till the end of the voyage; see Park. Insur. & 2 Blac. Com. 450; nor (by 19 Geo. II. c. 37. and 14 Geo. III. c. 48. in furtherance of the common law of insurances,) shall an insurance be made on any ship or ships belonging to his Majesty or any of his subjects, except privateers, or on any goods or effects laden on board such ship or ships, "interest or no interest", or without further proof of interest than the policy, or by way of gaming or wagering, or without benefit of salvage to the "insurers." This act, however, it is perceived, extends to ships

person or persons to whom the same doth, may, or shall appertain,

POLICY.

in part or in all, doth make assurance, and causeth himself and Goods (shipped). them, and every of them, to be insured, lost or not lost, at and from [with leave to touch and finish loading

at

to

whereof

, upon any kind of goods and merchandizes, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furniture, of and in the good ship or vessel called the is master, under God, for this present voyage, or whosoever else shall go for master in the said ship, or by whatsoever other name or names the same ship, or the master thereof, is or shall be named or called (1), beginning the adventure upon the said goods and merchandizes from the loading thereof aboard the said ship, at , upon the said ship or vessel called as aforesaid, and so shall continue and endure, during her abode there, upon the said ship or vessel; and further, until the said ship, with all her ordnance, tackle, apparel, &c. and goods and merchan

of his Majesty's subjects only, and not to ships belonging to the subjects of foreign powers; as to which see more fully Park on Insurances, p. 400, et seq. and 2 Blac. Com. 458.

By 28 Geo. III. c. 56. it is required that the name of every person effecting an insurance, or of his agent, trustee, or consignee, by his or their usual style and firm of dealing, shall be inserted in the policy, and also a description or statement of the interest insured.

The voyage insured, or duration of the risk, must also be truly stated in the policy. This may be as in the above form or "from the loading of the said goods on board until the same shall be safely landed", or, if upon the ship," from her beginning to load at," &c. or "at and from ", or "from the

until she arrives at

of

', or

now next", or "upon the said ship's arrival at "and is there moored in good safety", or otherwise, as the particular case may require; see Park ubi sup. But in every case exactness and good faith in the description, whether as to the place of departure, the voyage, the place of destination, sailing with convoy, &c., is essential to the validity of the insurance, and any subsequent variation will also avoid the policy, unless expressly mentioned and provided for.

The subject-matter of the insurance, as whether the body of the ship, the particular species of goods, must also be particularly mentioned, unless the insurance be a general one of any kind of "goods and merchandizes"; but as many questions have arisen as to what species of property will be included in these phrases, the safer way is to mention each article, class, or species of articles in particular.

(1) It is material for the validity of a policy that the name of the ship, the place where it lies, and the name of the master, should be stated in the policy; hence these words of precaution, lest an error should be made in either of these respects.

SUF.VOL. III.

00

POLICY.

Goods (shipped.

dizes whatsoever, shall be arrived at
upon the said ship
or vessel, until she hath moored at anchor twenty-four hours in good
safety, and upon the goods and merchandizes until the same be there
discharged and safely landed. AND it shall be lawful for the said
ship, &c. in this voyage, to proceed and sail to, and touch and stay
at any ports or places whatsoever, without being deemed a deviation,
and without prejudice to this insurance. The said ship or vessel,
goods and merchandizes, &c. for so much as concerns the assureds,
by agreement between the assureds and assurers in this policy, are
and shall be valued at £
, upon goods, to pay average on
each separate species, as per specification annexed, and valued at
that sum. Touching the adventures and perils which we the as-
surers are contented to bear, and do take upon us in this voyage (1),
they are of the seas, men-of-war, fire, enemies, pirates, rovers, thieves,
jettizons, letters of mart and countermart, 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 hurt, detriment, or damage of the said
goods and merchandizes, and 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
merchandizes, and ship, &c., or any part thereof, without prejudice
to this insurance; to the charges whereof we the assurers will con-
tribute each one according to the rate and quantity of his sum herein
assured (2). 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 heretofore 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 our-
selves, each one for his own part, our heirs, executors, and goods, to
the assureds, their executors, administrators, and assigns, for the true

(1) The perils against which the ship or goods are insured must be particularly mentioned in the policy, either totidem verbis or by general and certain definement.

(2) This provision is inserted in order that the insured, or his agents, may have authority to use every endeavour to save the ship and cargo, for the benefit of those interested in the property, and to incur the necessary charges for that end.

performance of the premises, confessing ourselves paid the consideration due unto us for this assurance, by the assured

at

we the assurers have subscribed our
day of

N.B.-Corn, peas, fish, salt, malt, rice, saltpetre, 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 from average, under five pounds per cent., and all other goods; also the ship and freight are warranted free of average, under three pounds per cent., unless general, or the ship be stranded (1).

THE SUBSCRIPTION (2).

£ 500. A. B. five hundred pounds, received 19th June 1826. 500,

J. C. £1000. C. D. for

, one thousand pounds, like date [or as

the case may be].

POLICY.

Goods (shipped).

(1) The effect of this memorandum is to prevent the liability of the insurers to make good any partial or average loss on the things specified, unless as mentioned in the memorandum.

(2) This is the usual form by which the insurers bind themselves, and although very summary is rendered by custom adequate for the purpose.

PRESENTATION.

Living.

No. CCCCXXXI.

A Presentation to a Rectory or Vicarage (1).

To the right reverend father in God

lord bishop of

, to his vicar-general or spiritual, or to any
other person or persons, having, or to have sufficient authority in
this behalf, (the patron) of, &c., the true undoubted patron of the
rectory [or vicarage] of
, in the county of

and your lordship's diocese of
, greeting. I present (2)
to your lordship and to the rectory [or vicarage] and parish church

Presentation de

(1) A presentation is not properly a deed, but rather an instrument fined must be in in the nature of a letter missive to the bishop, or ordinary, to exhibit or writing. present to him a clerk to be by him admitted, instituted and inducted into the vacant benefice, Co. Lit. 120. This presentation or exhibition might formerly have been by parol, see Attorney-General v. Brereton, 2 Ves. Sen. 429; Co. Lit. 120; 1 Sid. 426; but since the late stamp acts have imposed a duty upon the presentation to any ecclesiastical benefice or dignity, it must now necessarily be in writing.

Infant patron may present.

Presentation by infant.

(2) It seems that an infant, even of the most tender age, may present, and although it should be necessary to guide his hand in making his mark and putting his seal; see Arthington v. Coverley, 2 Eq. Ca. Ab. 518. 675. 3 Inst. 156. The reason why the presentation is to be made by the infant in preference to his guardian, is, that a guardian can do nothing but for the profit and benefit of the infant or of his estate, nor intermeddle with any thing but of what he may render an account; and there can be no inconvenience in an infant presenting, because the bishop is to judge of the qualification of the clerk; Hearle v. Greenbank, 3 Atk. 710. It is not however considered to be safe to depend upon a presentation obtained from an infant without the concurrence of his guardian. See Hargrave's note, to Co. Lit. 89, a. n. (1).

If therefore the patron be an infant, say,

"By the advice and approbation of (the guardian) of, &c., my guardian lawfully appointed, I present to your lordship, &c." as above.