INSURANCE. 
stood, in policies so worded. The risk in 
such cases continues there as long as the 
ship is preparing for the voyage insured; 
but if all thought of the voyage be laid 
aside, and the ship be suifered to lay there 
for a length of time with the owner’s pri- 
vity, the insurers are not liable. In English 
policies, it is usually made to continue only 
until the ship has moored at anchor twenty- 
four hours in good safety, and on such poli- 
cies the insurer is liable for no loss after 
that time. 
To charge the insurer it is not enough 
that a loss has happened at sea, it must ap- 
pear to have happened in the course of the 
voyage, and during the continuance of the 
risk insured. Upon goods, the risk does 
not commence until they are actually on 
board the ship, and therefore the insurer is 
not answerable for any loss or damage 
which may happen to them while they are 
on the passage to the ship, and, in general, 
the risk on goods continues no longer than 
while they are on board the ship mentioned 
in the policy, and that if they be removed 
from on board that ship and landed, or put 
on board another ship without the consent 
of the insrfrers, the contract is at an end. 
Policies, with reference to the reality of 
the interest of the insured, are distinguished 
into interest and wager policies ; with refer- 
ence to the amount of the interest, they 
are distinguished into open and valued. An 
interest policy is where the insured has a 
real, substantial, assignable interest in the 
thing insured, in which case only it is a 
contract of indemnity. A wager policy is 
a pretended insurance, where the insured 
has no interest in the thing insured. Insur- 
ances of this sort are usually expressed by 
the words interest or no interest, or with- 
out further proof of interest than the po- 
licy, or without benefit of salvage to the 
insurer, and these are wholly illegal. An 
open policy is where the amount of the in- 
sured is not fixed by the policy, but is left to 
be ascertained by the insured in case a loss 
should happen. A valued policy is where a 
value has been set on the ship or goods 
insured, and the value is inserted in the 
policy in the nature of liquidated damages, 
to save the necessity of proving it in case 
of total loss. 
Every fact and circumstance relating to 
the contract of insurance, must be stated 
with the most scrupulous regard to truth. 
The voyage insured must, therefore, be 
truly and accurately described in the policy; 
namely, the time and place at which the 
risk is to begin, the place of the ship’s de- 
parture, the place of her destination, and 
the time when the risk shall end ; whether 
on goods or on the ship. If a blank be 1 left 
for the place either of the ship’s departure 
or destination, the policy will be void for 
the uncertainty. 
A warrantry is a stipulation or agreement 
on the part of the insured, in nature of a 
condition precedent, or thing absolutely and 
strictly to be performed, as the very basis 
of the contract, as that the thing insured is 
neutral property, that the ship is of such a 
force, that she sailed, or was well on such a 
day, &c. ; or as that a ship shall sail on or 
before some given day, that she shall depart 
with convoy, that she shall be manned with 
such a complement of men, &c. These 
warranties are either express or implied. 
An implied warrantry is that which rea- 
sonably results from the nature of the con- 
tract, as that the ship shall be sea-worthy 
when she sails on the voyage insured, that 
the voyage is lawful, and shall be performed 
according to law, and in the usual course, 
and without deviation. 
There are five things essential to a sailing 
with convoy : 1. It must be with the regu- 
lar convoy appointed by government. 2. 
It must be from the place of rendezvous 
appointed by government. 3. It must be 
a convoy for the voyage. 4. The ship in- 
sured must have sailing instructions. 5. 
She must depart and continue with the 
convoy till the end of the voyage, unless 
separated by necessity. 
Neutral property, in the sense of which 
that expression must be understood in this 
warrantry, is that which belongs to the 
subjects of a state in amity with the bellige- 
rent powers. The documents requisite for 
neutral ships are : 1. The passport. 2. The 
sea-letter, or sea-brief. 3. The proofs of 
property, which ought to show that the 
ship really belongs to the subjects of a neu- 
tral state. 4. The muster-roll. 5. The 
charter-party. 6. The bill of lading. 7. 
The invoices. 8. The log-book, or ship’s 
journal. 9. The bill of health. But though 
the want of some of these papers may be 
taken as strong presumptive evidence, yet 
it is not conclusive evidence against the 
ship’s neutrality. 
Representations. A representation in an 
insurance is denoted to be a collateral 
statement, either by word qf mouth, or in 
writing, of such facts or circumstances rela- 
tive to the proposed adventure, and not in- 
serted in the policy, as are necessary for 
