Goods home Vol. III. Ch. IX. God's grace bound for Buff bay, Jamaica, to say, five boxes containing merchandize on account and risk of Mr. T. J., being marked and numbered as in the margin, and are to be delivered in like good order and well-conditioned at wards from West the aforesaid port of Buff bay, (the act of God, the king's enemies, fire, India Islands, with comprehen- and all and every other dangers and accidents of the seas, rivers, and navisive Exception gation, of whatever nature and kind soever, save risk of boats, so far as ships are liable thereto, excepted) (1) unto Mr. T. J., &c. &c. In witness, &c. J. S. of Risks. (1) Bill of I.ading in usual Form. (2) The like in another Form. (3) Bill of Lading Bill of Lading engaging Ship shall go with Convoy. (5) Shipped by the grace of God in good order and well-conditioned by in and upon the good ship called the, whereof is master under God for this present voyage and now riding at anchor in the ——, and by God's grace bound for, to say. being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned at the aforesaid port of (all and every the dangers and accidents of the seas and navigation, of whatever nature and kind soever, excepted) unto him or to assigns, he or they paying freight for the said goods, with primage and average accustomed: In witness whereof, the master or purser of the said ship hath affirmed to bills of lading, all of this tenor and date, the one of which bills being accomplished, the other to stand void; and so God send the good ship to her desired port in safety, Amen. Dated in to say Shipped by the grace of God in good order and well-conditioned by in and upon the good ship called the whereof is master under God for this present voyage and now riding at anchor in the ——, and by God's grace bound for-, being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned at the aforesaid port of- -(all and every the dangers and accidents of the seas and navigation, of whatever nature and kind soever excepted) unto or to assigns, freight for the said goods being paid, with primage and average accustomed: In witness whereof, the master or purser of the said ship hath affirmed to bills of lading, all of this tenor and date, the one of which- bills being accomplished, the other to stand void; and so God send the good ship to her desired port in safety, Amen. Dated in Shipped, &c. by E. and T. D. of Petersburgh in Virginia, in the ship Friendship, W. W. master, and now lying in Norfolk, and bound to Liverpool, viz. 72 hogsheads of tobacco, to be delivered, &c. at the said port of Liverpool (the damages of the seas only excepted) unto Mr. D., or to his assigns, he or they paying freight for the said goods, six guineas per hogshead, with 5 per cent. primage. In witness, &c. Dated at Norfolk, 25th Sept. 1799. Shipped, &c. in and upon the good ship called the Jane, whereof is master, &c., and now riding at anchor in the river Douro, and by God's grace bound for London with convoy, to say, 100 pipes, &c., and are to be delivered, &c., all and every the dangers, &c. unto order, or to assigns, &c. (1) 1 Brod, & Bing, 455. Montef. 112. In the above case the court considered the latter part of the exception badly framed; see ante, 3 vol. 401., note 4. (2) Montefiore, 111. (3) Montefiore 112. (4) See form, 1 East 507. (5) This amounts to an undertaking to sail with convoy, 4 Campb. 54, 5. a general Lien "All goods shall be considered subject to a lien; not only for the freight Vol. III. Ch. IX. of such particular goods, but also for any general balance due from their respective owners," or "that all goods from whomsoever received, or to Stipulations for whomsoever belonging, shall be subject to a lien, not only for the freight for Freight. (1) of the particular goods, but also for any general balance that may be due from the person to whom they are consigned or addressed." We, A. B. and C. D. of, &c., being, by virtue of a certain writing under the hands and seals of the master and freighters of the ship or vessel called the F., of the burthen of tons or thereabouts, at anchor in the river Thames, and lately arrived from Kingston in the island of Jamaica, dated theday of —, requested, ordered, and empowered to adjust and settle the value of the goods and merchandizes thrown overboard in the storm and bad weather which the said ship met with in her homeward-bound voyage, with the freight for the same, and of the goods remaining on board, and of the ship as she now is, with her freight, and of the ship's main-mast cut in the storm for the preservation of the ship, do declare our valuation of the premises as followeth. In witness, &c. (1) See 5 Barn. & Ald. 351., and ante, 3 vol. 418. (2) See Montefiore, 407; ante, 3 vol. 433, 438. Valuation of general Average on Goods thrown overboard in a Storm. (2) Vol. III. Ch. X. Instructions to CHAP. X. Policies of Insurance, &c. London, 19th September 1814. Messrs. B. and W. Gentlemen, Please insure for me, per the Sally, Jones, from Hull to Seville, on seven bales woollens, as at foot, £666, also £230 more on goods, making together £896, at six guineas per cent., to return £40; an Insurance.(1) and per Speculation, Mohlin, from Hull to Gottenburgh, on woollens, £1000, at one guinea and a half per cent. Brokers to effect Valued Policy on Goods on livered the 14th Marks and Numbers of the Goods. I am, Sirs, Your most obedient servant, J. C. The Speculation sailed 10th instant, and the Sally, I believe, was ready to sail on the 13th instant. In the name of God, amen. G. C. (2), as well in his own name, as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all, doth make assurance, and causeth himself and them, and every of them, to be insured, lost or not lost, at and from Landscrona to Stockholm (4), (with leave to touch and finish loading at Hagenas (5)), upon any kind of goods and merchandizes, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furniture, of and in the good ship or vessel called the La Confidencen (6), whereof is master, under God, for this present voyage, Johanssen (6), or whosoever else shall go for master in the said ship, or by whatsoever other name or names the same ship, or the master thereof, is or shall be named or called, beginning the adventure upon the said goods and merchandizes from the loading thereof aboard the said ship, at Landscrona, upon the said ship, &c. and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c. and goods and merchandizes whatsoever, shall be arrived at Stockholm upon the said ship, &c., until she hath moored at anchor twentyfour hours in good safety, and upon the goods and merchandizes until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c. in this voyage, to proceed and sail to, and touch and stay at any ports or places whatsoever, without being deemed a deviation, and without prejudice to this insurance. The said ship, &c., goods and merchandizes, &c., for so much as concerns the assureds, by agreement between the assureds and assurers in this policy, are and shall be valued at £5840, upon goods (7), to pay average on each separate species, as per specification an nexed, and valued at that sum (8). Touching the adventures and perils (1) See form, 4 Camp. 350. (2) As to names, ante, 3d vol. 461. The (3) As to date, ante, 3d vol. 503. (5) As to liberty to touch, &c., ante, 3d vol. 469. (6) As to the name of ship and master, see ante, 3d vol. 488. (7) As to subject-matter of insurance, ante, 3d vol. 480. (8) It is the insertion of these words which constitutes what is termed a valued policy, see ante, 3d vol. 481. 529. which we the assurers are contented to bear, and do take upon us in this Vol. III. Ch. X. voyage; they are of the seas (1), men of war, fire, enemies, pirates, rovers, thieves, jettizons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandizes, and ship, &c., or any part thereof. And in case of any loss or misfortune, it shall be lawful to the assureds, their factors, servants, and assigns, to sue, labour, and travel for, in and about the defence, safeguard, and recovery of the said goods and merchandizes, and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof we the assurers will contribute each one according to the rate and quantity of his sum herein assured (2). And it is agreed by us the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard-street, or in the Royal Exchange, or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods, to the assureds, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance, by the assured (3) at and after the rate of two pounds per cent. In witness whereof, we the assurers have subscribed our names and sums assured in London. 14th April 1819. N. B.-Corn, fish, salt, fruit, flour, and seed, are warranted free from average, unless general, or the ship be stranded. Sugar, tobacco, hemp, flax, hides, and skins, are warranted free from average, under five pounds per cent., and all other goods; also the ship and freight are warranted free of average, under three pounds per cent., unless general, or the ship be stranded. (4) The Subscription. (5) £300. J. H. R. for R. M. three hundred pounds, 14th April 1819. 100,J.C. £200. R. L. two hundred pounds, premium received, 14th April 1819. Invoice. The goods insured by this policy, and shipped at Landscrona, are as follows: L No. 1. 12 chests indigo, R. D. Bco 16,200 2. 1 do. qt. 150 pieces chintz All sealed at Landscrona with the royal custom-house seal, and the whole valued at £5,840. Vol. II. Ch. X. S. G.} Policy on Ship N. S. G. No. By the corporation of the Royal Exchange Assurance. as well in In the name of God, Amen. own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all, doth make assurance, and causeth -, and them and every of them, to be assured, lost or not lost, upon any kind of goods and merchandizes whatsoever, loaden or to be loaden, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the ——, burthen or thereabouts, whereof is master (under God) for this present voyage —, or whosoever else shall go for master in the said ship, or by whatsoever other name or names the same ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandizes from and immediately following the loading thereof on board the said ship and upon the said ship, &c. and so shall continue and endure during her abode there upon the said ship, &c.; and further, until the said ship, with all her ordnance, tackle, apparel, &c. and goods and merchandizes whatsoever, shall be arrived at upon the said ship, &c. until she hath there moored at anchor twenty-four hours in good safety, and upon the goods and merchandizes, until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c. in this voyage, to proceed and sail to, and touch and stay at any ports or places whatsoever, without prejudice to this assurance, the said ship, &c., goods and merchandizes, &c., for so much as concerns the assureds (by agreement made between the assureds and the said corporation in this policy), are and shall be rated and valued at sterling, without farther account to be given by the assureds for the same. Touching the adventures and perils which the said corporation are contented to bear and do take upon them in this voyage, they are, of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandizes, and ship, &c., or any part thereof. And in case of any loss or misfortune, it shall be lawful to the assureds, their factors, servants, and assigns, to sue, labour, and travel, for, in, and about the defence, safeguard, and recovery of the said goods and merchandizes, and ship, &c. (or any part thereof), without prejudice to this assurance, to the charges whereof the said corporation will contribute according to the rate and quantity of the sum herein assured. And it is agreed by the said corporation, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard-street, or in the Royal Exchange, or elsewhere in London. And so the said corporation are contented, and do hereby promise and bind themselves and their successors to the assureds, their executors, administrators, and assigns, for the true performance of the premises, confessing themselves paid the consideration due unto them for this assurance by after the rate of per cent. In witness whereof, the said corporation have caused their common seal to be hereunto affixed, and the sum or sums by then assured to be hereunder written, at their office in the Royal Exchange of London, this day of. in the year of the reign of our sovereign lord by the grace of God, of the united kingdom of at and |