44 Anlage A 



Anlacre A. 



Ex Parte 



1^ Case. 



The desire Counsel's Opinion on the following 



points. They have in Hamburg as Underwriters written a great nnany War 

 Risks. These War Risks have beert written in two forms, as follows: 



a) By certain policies which distinctly state, that in addition to the risks 

 mentioned in the printed form of policies, the Compagny also insured 

 against capture, seizure and detention and the consequences thereof or 

 of any attempt thereat (piracy exeepted) and also all consequences of 

 riots, civil commotions, hostilities or warlike Operations, whether before 

 or after Declaration of war; 



and 



b) On policies in the usual form but which are declared by a clause 

 attached to be solely against all risks excluded by the F. C. & S. Clause 

 (English form) in various other policies, and for this purpose the 

 following may be taken to be the form of such F. C. & S. Clause: 

 "Warranted free of capture, seizure an6! detention and the consequences 



thereof or of any attempt thereat, (piracy exeepted) and also all consequences 

 of riots, civil commotions, hostilities or warlike Operations, whether before 

 or after Declaration of war". 



In all these cases it may be assumed, for the purposes of this case that 

 the insurances are on Cargo, in ships from Continent to Manila, the cargo 

 to be delivered at Manila, that otherwise the Company's policies and the 

 policies referred to in the Company's policies under the letter (B) are in the 

 ordinary form of a Lloyd's policy, and include all liberties as per Bill of 

 Lading, that both the ships and the cargoes are, as regards the Spanish- 

 American War, neutral property, and that the cargo is not contraband of war. 

 It may also be assumed that the cargoes are all shipped under Bills 

 af Lading in the form of the Bill of Lading sent herewith which contaius 

 the follow r ing clauses: 



"In case of the blockade or interdict of the port of discharge, or if 

 the entering of or discharging in the port, shall be considered by the 

 master unsafe by reason of war or disturbances, the master may land the 

 goods at the nearest safe and convenient port, at the expense and risk 

 of the owners of the goods, and the ship's responsibility shall cease when 

 the goods are so discharged into proper and safe keeping, the master 



