« AnteriorContinua »
trial Lord Tenterden was of opinion, on the authority of a case in 4th Taunton, that he could not, and therefore directed a nonsuit
, which decision was afterwards acquiesced in by the whole court. Sittings at Westminster, T. T. 1830.
59 Geo. III. c. 25. An Act to enable his Majesty to fix the Rate and direct the Disposal of
Freight Money, for the conveyance of Specie and Jewels on board kis Majesty's Ships and Vessels.
That all freight money to be paid for the conveyance in any of the ships and vessels of his Majesty, &c., of gold, silver, and jewels
, or of any other article which may be by special order received on board the said ships, and for which freight shall be payable, shall be paid at such rate, and distributed and applied to such purposes, and divided to and amongst such persons in such proportions, and after such manner as his Majesty, &c., shall think fit to order and direct, by any proclamation to be issued for that purpose ; and that no freight money or reward shall hereafter be demanded,
paid, received, or retained, bý, to, or for the use, or on account of any person, other than for the purposes, and by the persons, in the proportion, at the rates, and in the manner so to be paid and allowed by proclamation ;-and that all bargains
, contracts covenants, and agreements, made or' entered into, for the payment of any freight money for or in the name or or the account of freight for the conveyance of gold, silver, or jewels, or other articles as aforesaid
, on board of any of his Majesty's ships or vessels, at any other rate, or for any other purpose, or by or to any other persons, or in any other manner or proportions than as aforesaid, shall be utterly void.
William R. enable his Majesty to fix a Rate, and direct the
disposal of Freight Money for the Creator Whereas by an act passed in the 59 Geo. III. c. 25., intituled " An Act to veyance of Specie and Jewels
on board his Majesty's Ships and Vessels," it is enacted that from and after the 8 April, 1819, all freight money to be paid for the conveyance on board any of the ships and vessels of his Majesty, of gold, silver, and jewels, or shall be payable, shall be paid at such rate, and be distributed and applied for such purposes, and divided to and amongst such persons in such proportions, and after such manner as his Majesty, his heirs and successors, should from time to time think fit to: order and direct by any proclamation or proclamations to be issued for that purposes in pursuance of which act, a proclamation was, on the 12th of July following, made behalf of his said Majesty, whereby, amongst other things, a'scale of rates at whicla freights should be payable for public and for private treasure respectively, in peace and
with the advice of our privy council, deemed it expedient to issue this our royal prothought fit to order that the said rates should be altered, we have, therefore, by and during peace and war :1st September next, the said scale of rates so fixed shall cease and be no longer in force : and we do further declare, that from thenceforth the following rates shall be established
And it is further established and declared, that such freight shall be payable, clear of all deduction whatsoever; and that it shall be stipulated in the bill of lading, that the captains and commanding officers of our ships and vessels shall not be liable to any expences attending the shipment of such treasure or other articles, until the same shall be safe alongside their respective ships or vessels ; and that their liability shall cease from the moment they shall have landed the treasure at the port to which the ship carrying the treasure shall be destined.
And it is further declared, that in all other respects, save what is hereby altered, the said proclamation of the 12th July, 1819, and the rates and regulations thereby established shall continue in full force.**
Given at our court of St. James's, the 23d day of April, 1831, and in the first
year of our reign.
Whereas we did, by proclamation of the 238 day of April last, establish and de. clare a scale of rates at which freights should be payable for public and private treasure conveyed on board any of our ships and vessels, we have, by and with the advice of our privy council, thought fit further to ordain, declare, and command, that from and after the 1st day of September next, the freight for conveying gold and silver in any of our packets between any two ports, the navigable distance between which shall ex. ceed 600 leagues, shall be fixed at the rate of 1 per cent. both for gold and silver ; and we do hereby establish and declare, that the responsibility of the officer in charge of such treasure shall commence when it shall be safe alongside the said packet, and shall cease the moment that it shall be landed at the port of destination.
And it is further declared, that in all other respects the said proclamation of the 232 day of April last, and the rules and regulations thereby established, shall continue in full force.
Given at our court of St. James's this 8th day of June, 1831, in the first year of our reign.
God save the King.
Assurance is a contract by which the assurer undertakes, in considera tion of a premium, to indemnify the person assured against certain perils and losses, or against some particular event. All assurances, whether against fire, or on lives, fall within this general description; but the subject meant to be considered here is that of MARINE ASSURANCES. From this definition, it appears to be a contract of indemnity against those perils of the sea to which ships and goods are exposed in the course of their voyage from one place to another, or for a fixed period of time.
The origin of assurance has occasioned much controversy among the writers upon mercantile law. It was introduced into England in the thirteenth century; and, about the end of that century, many considerable regulations were made at Barcelona, in Spain, respecting marine assurances. In 1523, in the policies of the merchants of Antwerp, there was a clause, providing, " That all things concerning the said assurance should be as was accustomed to be done in Lombardstreet in London." The progress which this branch of law had made in England, previously to the time of Lord Mansfield, was very slow; but, during the period that venerable judge presided in the court of King's Bench, its march towards perfection was equally rapid ; and with the hope of being useful we shall endeavour in the few following pages, to present a general guide to the merchant, owner, freighter, and man of business. To effect this, the subject will be divided into the following heads :
1. The Policy. 2. The Construction of the Policy. 3. Perils of the Sea. 4. Capture and Detention of Princes. 5. Barratry of the Master or Mariners. 6. Partial Losses and of Adjustments. 7. General Average. 8. Salvage. 9. Abandonment. 10. Fraud in Policies. 11. Sea-Worthiness. 12. Illegal Voyages. 13. Prohibited Goods. 14. Wager Policies. 15. P wance and Double Assurance.
16. Changing the Ship-
21. Forms of Poices on a Ship or Goods, and Form of a Respondentia-Bond.
1. THE POLICY. The policy is a mere contract of indemnity, effected between the assurer and assured, (Doug. 170.756,) and it is signed only by the assurer, who is called the underwriter. Of policies there are two kinds
, valued, and open ; and the only difference between them is, that, in the former, goods or property assured are valued at prime cost, at the time of effecting the policy; in the latter, the value is not mentioned, but, ia case of loss, must be proved.
Policies of assurance, when once they are underwritten, can, generally speaking, never be altered by any authority whatever, because it would be an opening to fraud, and would introduce uncertainty into a species of contract, of which certainty and precision are the most essential requisites. Thus, on “ship and outfit,” could not be altered to "ship and goods," after ship sailed. ( East, 373.) It must be observed, however, that cases frequently exist, in which a policy, upon proper evidence, may be altered; and, after signing, policies are frequently altered by consent of the parties.
An instance of the former kind of the alteration of the policy occurred before Lord Hardwicke. The assurance was, upon the ship, £500, and the policy stated, that the adventure was to commence immediately from the departure of the ship from Port St. George to London. The plaintiff'suggested that the owner had employed a XIr. H. to assure the ship with the defendants, to commence from her arrival at Fort St. licorer; that a label, agreeably to those instructions, with all the particulars of the agreement, had been entered into a book, and subscribed by II. and two of the directors of the company; that, by a mistake, the policy was made out different from the label; that the ship being lost in the bay of Bengal, after her arrival at Fort St. George, but before her departure for England, the company refuse to pay; the plaintiff
, therefore, prayed that the mistake might be rectified, and that the company might be ordered to pay £500, with interest. His lordship was of opinion, that the label was a memorandum of the agreement, in which the material parts of the policy were inserted ; that, although the policy was ambiguous, the label made it clear; and, as it was only a mistake of the clerk, it ought to be rectified according to the label.-Motleur V. (Ac (woes and Co. of the London Assurance, i Atk. 545,
How far the consent of the parties is necessary may be judged of by the following cuse: The assurance was on a ship and cargo from Liver pool to Oporto. The ship sailed, but was driven back by contrary ivinds; and, before she could sail again, an embargo was laid. The #wed applied to the underwriters for leave to put guns on board, and to take out a letter of marque. The underwriters consented to the guns tur her detence, but refused the letter of marque. Notwithstanding whielt, « general letter of marque was obtained, and put on board. The suip sailer
and warraken on her voyage out. The jury thought that the les
led to be used only in the voyage