RISK. 



or the fhip be ftranded." The word " unlefa" has been 

 held to make an exception, and not a condition ; and cafes 

 have occurred in which judges of the highetl eminence have 

 put a different conftruftion upon the fore-mentioned claufe. 

 It is now fettled, that if the (hip be ftranded, the infurer is 

 liable for any partial lofs in any of the articles in the me- 

 morandum, though fuch lofs did not arife from the ftrand- 

 ing, but from fome other caufe. Notwithftanding the num- 

 ber of cafes, which have been decided upon the conftruftion 

 of the memorandum, it ftill remains a queftion, whether the 

 partial loffes, from which the infurer is exempted by it, 

 comprehend the total lofs of an entire individual, as well as a 

 partial injury to the whole of the fpecies of goods exempted 

 by the memorandum from fmall average lodes ; as, e . g r. if 

 out of 101 hogfheads of fugar of equal value, five are fo 



the fea commence from the moment in which the goods are 

 on the water. In our policies, the words ufually employed 

 to exprefs the commencement and end of the rifle on goods 

 are thele : " Beginning the adventure upon the faid goods 

 and merchandize from the loading thereof aboard the faid Oiip, 

 and fo (hall continue and endure until the faid (hip, with the 



faid goods, (hall be arrived at (her port of delivery), 



and until the fame be difcharged and fafely landed." With 

 us, therefore, the rifle does not commence until the goods 

 are aftually on board the (hip ; and, therefore, the infurer 



is not anfwerable for any lofs or damage which may happen 

 to them, while they are on their paffage to the (hip. And 

 it may be laid down as a general rule, that the rifle on goods 

 continues no longer than they are aftually on board the (hip 

 mentioned in the policy ; and that if they be removed from 

 completely fpofled in the voyage, as to be worth nothing, on board that (hip, and landed, or put on board another 

 and therefore totally loll. If this lofs be calculated upon the (hip, without the confent of the infurers, the contraft is at 

 whole 101 hogfheads, it will not amount to Jive per cent, an end, and the infurers are difcharged from all fubfequent 



In fuch a cafe7 it has been thought, that the infurer would 

 be protected by the memorandum, and not liable for the 

 lofs. But the queftion has not been decided. 



There are certain injuries or loffes, to which goods on 

 (hip-board are liable, that do not arife from the perils of the 

 fea ; and for thefe the owners are liable. Thefe may be 

 owing to fome fault or defeft of the (hip : in this cafe the 

 infurer is not liable, becaufe, in every contraft of infurance, 

 there is an implied warranty, that the (hip is fea-worthy ; 

 and if it appear otherwife, the contract is void. In many 

 cafes, the mailer alfo, as well as the owners, is anfwerable. 

 He is bound to deliver goods in the fame (late in which he 

 received them ; and of courfe he, as well as the owners, is 

 liable for all lofs or damage not proceeding from fome ine- 

 vitable misfortune. They are anfwerable for lofs or damage 

 occafioned by bad (towage, wet, theft, embezzlement, 

 rats, &c. This is the rule of the marine law, and agre< s 

 with the common law. At common law, the owners and 

 mafter were liable to the full value of the goods loft ; but 

 now by 7 Geo. II. c. 15. they (hall only be liable to the 

 value of the fhip and freight for any aft done by the mafter 

 or mariners. The mafter's liability, and that of the ma- 

 riners, remains the fame. But as this provifion only ex- 

 tended to the cafe of embezzlement, &c. by the mafter or 

 mariners, it did not afford a fufficient proteftion to (hip- 

 owners. Therefore the 26 Geo. III. c. S6. limits the lia- 

 bility of the owners to the value of the (hip and freight, 

 though the mafter or mariners mould not be privy to fuch 

 robbery, &c. ; and they are exempt from all liability for 

 any lofs by fire. But though the owners are refponlible to 

 the amount of the value of the fhip and freight, for loffes 

 occafioned by external thieves ; yet, under the policy, the 

 infurers are alfo liable ; and, therefore, in fuch cafes, the 

 proprietor of the goods, or the infurers in his name, may 

 recover againft the owners. 



In order to charge the infurer, 

 during the continuance of the rifle. 

 fideration a fubjeft of importance 



the lofs muft happen 

 This brings under con- 

 Every voyage infured 



null have a fixed commencement and termination. It is 

 proper, therefore, to inquire what is the duration of tlie 

 ri(k, with reference to inlurances upon goods, upon thejljip, 

 and upon freight. In France, and mott other countries, it 

 is provided, that if the time of the rifle be not regulated by 

 the contraft, it (hall commence, as to goods, from the time 

 they are put on board the (hip, or put into barges, to be con- 

 veyed on board, that is, from the moment of their leaving 

 the ihore ; and it continues till they are fafely landed at the 

 place of their deilination. It is alleged, that the perils of 



relponfibility. 



To this rule, however, there are feveral exceptions : as 

 where the (hip is difabled, and the goods are put on board 

 another veffel, to be forwarded to their port of delivery ; fo, 

 if it be agreed, that the goods (hall be removed into another 

 (hip, at a particular place in the voyage, and no fhip being 

 there, they are put on board a ftore-fhip. The infured is 

 protected by the policy in carrying the goods in lighters to 

 any part of the port of delivery, where fuch goods are 

 ufually landed. It is a general principle, that policies 

 ought to be conftrued according to the ufage of trade ; and 

 in doubtful cafes, in favour of the infured. Although the 

 general rule is, that the infurance on goods (hall continue 

 " till they are difcharged and fafely landed," yet it has been 

 holden by a very eminent and learned judge, that if the in- 

 fured take goods from on board the fhip in his own lighter, 

 the infurer is difcharged. Where goods are put into a 

 public lighter, for the purpofe of being landed, the rifle 

 continues ; but if the merchant fend his own lighter, this 

 will be a delivery to him, and the infurer is difcharged. 

 Although the rifle on goods, according to the ufual words 

 of the policy, is to continue till they are difcharged and 

 fafely landed at the port of delivery, this is not to be under- 

 ltood as an authority for prolonging the rifle, after the (hip's 

 arrival at her port of delivery, for any indefinite length of 

 time, at the pleafure of the infured ; but the fair conftruc- 

 tion of the claufe is, that the goods (hall remain under the 

 proteftion of the policy for a reafonable time, till they can be 

 conveniently landed, and no longer. 



As to the infurance of thejhip, the rifk, in fome countries, is 

 made to commence from the time (he begins to take inherfirft 

 goods, or ballalt, and to continue till after (he arrives at her 

 place of deftination, and is entirely difcharged. In others, the 

 rifle is made to end twenty-one days after t he (hip's arrival , or 

 fooner, if (he be unloaded. In France, if the time of the rifk 

 on the (hip be not regulated by the contraft, it runs from 

 the time (he fets fail, till her arrival at her port of deftina- 

 tion, and till (he be there anchored and moored at the quay. 

 In England, the commencement of the rifle on the fhip varies 

 in ahnoft every cafe. In outward-bound voyages, it is gene- 

 rally made to commence from her beginning to load at her 

 port of departure. Sometimes privateers on a crui je, fhips 

 engaged in the coafting trade, or in (hort voyages, are in- 

 fured for a limited period of time ; and, in fuch cafes, the rifk 

 commences and ends with the term, wherever the lhip may 

 then happen to be. If a fhip be infured " from" the port 

 of London to any other port, and before (he breaks ground, 

 an accident happen to her, the infurers are not anfwerable ; 



for 



