COMMENCEMENT OF RISK. See Termini, 312–320.
COMMISSIONS, abandonment of. See Total Loss, 385–395.
expected, may be insured, 84, n. 2.

of master, may be insured, 90.

COMPASSES, included under term "ship," 203.

COMPENSATION IN SALVAGE. See Salvage, 618-624.

COMPROMISE. See Adjustment, 443–448.

CONCEALMENT. See Representation, 153–181.

CONCURRENCE OF DIFFERENT RISKS, 258-261.

CONDEMNATION, partnership property in enemy's country liable to, 17.

Trial, 725-729.

CONDITIONS,

that policy shall be void on alienation, 45-48.

See

of sea-worthiness. See Warranty, 132-151; Representation and Concealment,
153-181; Deviation, 275-310.

CONFLICT BETWEEN STATE AND UNITED STATES COURTS, 522-525.
CONSEQUENTIAL DAMAGE, 260, 261.

CONSIGNEE, insuring goods on trust, may recover full value, 33.

with power to sell, insurable interest of, 78.

sending own lighter, goods landed, 328.

not if lighter is merely hired, 328, n. 3.

may insure without specifying interest, 169, n.
neutrality of, 112.

CONSOLIDATION OF ACTIONS,

in suits for seamen's wages, 668, 671.

in other suits in admiralty, 671, 730.

CONSTRUCTION OF POLICIES,

rules of, 48-61.

CONSTRUCTIVE TOTAL LOSS. See Total Loss, 334-345.
CONSUL, as claimant, 701.

certificate of, inadmissible in evidence, 487, 488.
domicil of, 18.

jurisdiction of, 506, n.

CONTRABAND. See Interest, 93-96.

CONTRACT OF INSURANCE. See Insurance, 3-61.

construction of. See Policies, 48-61.

of affreightment. See Admiralty Jurisprudence, 559–566.

CONTUMACY. See Mesne Process, 700.

CONVOY. See Warranty, 122-124.

COOPER, may sue in admiralty for his wages, 582.

"CORN," meaning of, 265.

though putrid, if it exists in specie, is corn, 382.

CORPORATION, domicil of, 17.

how it may contract, 20, n. 1.

COSTS IN ADMIRALTY, stipulations for. See Mesne Process, 697–700; Trial,

729-732.

COUNSEL FEES, when allowed as costs, 730.

COUNTS IN A LIBEL, 678.

COUNTY, what comprises body of, 497, n. 1.

COURTS. See District Court, 521-526; Circuit Court, 519, 520; Supreme Court,
516-518; Appeals, 526-535, 742-748; Admiralty, foreign courts of,
541-547.

COVENANT, form of action on policy under seal, 475.
CREDITOR, insurable interest of, 78.

CREW, requirement of sea-worthiness extends to, 135, 136, n.
loss caused by negligence of, 135, n. 6, 212.

CROSS-LIBELS. See Set-off, 717-718.

CRUISING, 291, 304.

CURRENCY, valuation of foreign, 68, n.

CUSTOM-HOUSE OFFICER, claim of, for salvage, 604.

D.

DAMAGE. See Risks, 210-274.

DANGERS OF THE SEAS. See Risks, 219–230.
DATE, policy delivered after, takes effect from, 28.
not conclusive, 197.

meaning of, 313.

DEATH, does not abate suit, 711, 712.

DEBT, form of action on policy under seal, 475.
DECAY, insurers not liable for, 215, 216.

DECK, goods on, 207–209.

DECREE IN ADMIRALTY. See Trial, 734–739.

generally conclusive as to necessity of sale of ship by master, 370.
but open to inquiry as to fraud, 370.

DEFAULT. See Mesne Process, 700.

DEFEASANCE OF INTEREST, what not amounting to, 78-80.
DELAY in abandonment, 407, n. 5.

in commencement of risk, a deviation, 281, 282.

in course of voyage, a deviation, 282.

in delivery of policy, 28.

DELIVERY, of policy, with parol agreement to assign, valid assignment, 42.

of property. See Claim, 704, 705.

DEMAND FOR TOTAL LOSS, not an abandonment, 397.

DEMURRAGE, allowed on capture, salvage on freight, 393.

DEMURRER IN ADMIRALTY, 709.

DERELICT. See Salvage, 615–618.

DESCRIPTION OF PROPERTY INSURED, 197–209.

to be set forth in policy, 197.

or means of description referred to, 197.

so that the subject may be identified, 197.

liberal construction as to, 197.

mere mistake in name, or other part, will not avoid policy, 197.

Of the subject-matter, 198–203.

identified by time and port of shipment, 198.

by voyage, or consignee, 198.

evidence of intent, inadmissible to substitute subject imperfectly answer-
ing, for another perfectly answering description, 198.

if different subject answer, insured may attach policy to any by declara-
tion, or designation in good faith after loss, if such was intent, 198.
policy covers all shipments at risk, within terms of policy, unless insured
has confined it to some part, 199.

or shown such purpose by act before loss, 199.

DESCRIPTION OF PROPERTY INSURED

Continued.

if policy be in alternative, insured may apply it to either, 199.
unless he is interested in both, 199.

then policy attaches ratably to both, 199.

merchandise does not apply to ornaments or clothing not intended for
sale, if owner is on board, 200.

what "cargo" applies to, 200, n. 2.

"property more comprehensive, 200.

usage of terms at place of contract, determines meaning, 201.

"between two days," excludes both, if identification rests on time of
shipment, 201.

"all lawful goods" includes all not unlawful in country where policy is
made, 201.

outward cargo and "returns" covers homeward cargo bought with out-
ward, 201.

but may apply to homeward cargo, however bought, 201.

but not to outward cargo brought home again, 202.

except where allowed by usage, 202.

change allowed if indicated in policy, 202.

interest of insured need not be specified, 202.

nor right to share by way of compensation, 202.

policy on ship, goods, or freight as such, does not apply to profits, 202.

Of the ship, 203-204.

covers all things belonging to it, 203.

including provisions, 203.

but not the outfits of a whaling voyage, 203.

covers anchors, boats, charts, chronometers, etc. 203.

and additions by repair, 204.

valuation of, often includes freight, 204.

but not in open policy, 204.

Of the freight, 204–207.

insurance on, for a certain period, covers all on board during the period,
within the scope of policy, 204.

covers interest of owner of ship and cargo in transportation to destined
market, 204.

"to a place," valid, though destined for subsequent port, where it is pay-
able, 204.

"at and from" a port, does not cover "to" the port, 204.

from one port to another, with leave to take goods at intermediate port,
covers the latter, 205.

if policy cannot attach to goods, it will not to freight on them, 205.
assignee of, for valuable consideration, having interest, may insure, 205.
meaning of "freight," 205.

insurers liable, though it might be recovered back by shipper if goods
were lost, 205.

owner may insure charter-money, due only on safe arrival, as freight, 206.
charterer cannot, 206.

application of, where there have been charter-parties, 206, n. 3.

party having lien on, may insure, 207.

Goods on deck, 207–209.

not covered by general policy on goods, 207.

this countervailed by usage, 207, 208.

DESCRIPTION OF PROPERTY INSURED - Continued.
usage to be distinctly established, 207.

and known, actually or constructively, to insurer, 208.

"catchings," in whaling voyage, includes blubber usually carried on
deck, 209.

DESTINATION, port of. See Total Loss, 370-382.

DETENTION. See Risks, 246–251.

DETERIORATION by ordinary events, or by inherent defects not insured against,

214-216.

DEVIATION, 275–310.

I. WHAT IS MEANT BY, 275-278.

voyage must be distinctly stated, 276.

reasons for this, 275.

and not deviated from, 275.

meaning of, 275.

not necessary for change in risk to increase it, 276.

insured have no right to substitute other risks, 276.

transshipment of goods from one vessel to another discharges insurers, 276.
slight change, not increasing risk, does not constitute, 276.

whether deviation proceeded from sufficient cause, not to be judged by event,

277.

necessity of change to be determined by circumstances, as, at the very time,
coming before consideration of insured, 277.

may be, while ship is in port, 277.

and if insurance is on time, without designation of voyage, 277.
applicable to internal navigation, 278.

II. EFFECT OF, 278.

discharges insurers from further liability, 278.

but not from prior liability, 278.

if change of risk is merely temporary, 278.

may only suspend liability, 278.

III. WHAT IS, FROM PROPER COURSE OF VOYAGE, 279–285.

proper course, the usual course, 279.

this a question of fact, 279.

usage will justify departure, 279, 281.

if there is no usual course, the most direct and safe way to be taken, 279, 281.
if usage require master, on reaching a certain point, to decide on the best of
two routes therefrom, and in compliance with sailing orders, without so
deciding, he takes one, this is a deviation, 280.

none if master honestly mistakes usual course, 280.
touching at port not in course of voyage, 281.

and intermediate voyage, 281.

but usage may justify, 281.

slight deviation may discharge insurers, 281.

but actual, substantial change of risk, necessary, 281.

unnecessary delay in commencing voyage, 281.

unnecessary delay in port, 282.

unnecessary protraction of voyage, 282.

unnecessary delay in discharging cargo, 283.

but mere lapse of time, no proof of, 283.

something equivalent to necessity, necessary to justify, 283.
entering a port, out of usual order, 284, 285.

DEVIATION- Continued.

IV. LIBERTY POLICIES, 285–296.
meaning of, 285.

to be construed strictly, 285.

"to enter," or "to touch at," does not include "to stay," 286.
"does not include "to trade," 286.

to stay

and vessel's hatches not to be opened in port, 286.

"to discharge cargo," gives no right to take in new, 286.

no precise construction, as a rule of law, 286.

circumstances to be considered, 286.

ship lawfully in port may do any thing not materially varying risk, 287.
"to touch at," gives liberty to touch, to take on board goods insured,

288.

no entrance into any port, unconnected with voyage, justifiable, 289.
liberty to touch at ports, not named, to be interpreted reasonably, 290.
stopping at a port not named, though no further than one named, a deviation,

291.

not being able to enter port named, by municipal regulation, does not justify
entering another not named, 291.

to cruise six weeks, means six successive from commencement, 291.

"6 to go backwards and forwards," 291.

"to touch and return," 291.

"to a port and a market,” 292.

order in which ports are to be visited, 293.

all need not be visited, 294.

voyage may be shortened by omitting terminus ad quem, 294.

not by omitting terminus a quo, 294.

if all the ports are to be visited they must be, in proper order, 295.

if ports are named, to be visited in order set forth, 295.

unless order appears accidental, 295.

or not intended to prescribe course of voyage, 295.

if not enumerated, geographical order necessary, 295.

meaning of geographical order, 295.

commercial usage, controls, 295.

proper progress of vessel to destination to be considered, 295.

if ultimate destination is not designated, 296.

V. DEVIATION MUST BE VOLUNTARY, 297-303.

and necessary, 297.

vessel may deviate for repairs, provisions, etc., 297.

and to obtain a crew, 297, n. 2.

but if carried beyond necessity, otherwise, 298.

unnecessary delay, whatever be necessity, a deviation, 298.

if vessel is driven by necessity into a port, proof that master intended to enter,

without necessity, immaterial, 299.

change of risk, to avoid peril, justifiable, 299.

so if vessel leave port, before properly loaded, to avoid seizure, 299.

if port is obstructed by ice, ship may enter neighboring port, 299.

danger must be real and immediate, 299.

and departure no greater than reasonably necessary to make escape effectual,
299.

immaterial whether the peril is insured against, 300.

this somewhat unsettled, 300.