For this part of the work I alone am accountable, the defign being entirely my own. It may however, in fome degree abate the feverity of cenfure to recollect, that in the arrangement of the fubject I had no example to follow, no guide to direct me; and I was left entirely to the impulfe of my own judgment. But to enable the profeffion to judge of the nature of my plan, I will ftate the reafons that influenced me in the mode I have adopted.

As the policy is the foundation, upon which the whole contract depends, I have begun with that, and endeavoured to fhew its nature and its various kinds; and I have alfo pointed out the requifites which a policy must contain, their reafon and origin, as they are to be collected from decided cafes, or the usage of merchants. When we have ascertained the nature of a policy, the next object is to discover by what general rules courts of juftice have guided themselves in their conftruction of this fpecies of contract. It is then neceffary to defcend to a more particular view of the fubject, and to fix with accuracy and precision thofe accidents, which fhall be deemed loffes within certain words used in the policy. Thus loffes by perils of the fea, by capture, by detention, and by barratry, will be a material ground of confideration, When a loss happens, it must either be a partial, or a total lofs; and hence it becomes neceffary to ascertain in what inftances a lofs fhall only be deemed partial, in what cafes it fhall be confidered as total; and how the amount of a partial lofs is to be fettled: Hence alfo arifes the doctrine of average, falvage, and abandonment. These points therefore will be the next object of attention.

Having

Having confidered the various inftances in which the underwriter will be liable upon his policy, either for a part, or for the whole amount, of his fubfcription; we feem to be naturally led to the confideration of thofe cafes in which the underwriter is releafed from his refponfibility. This may happen in feveral ways: For fometimes. the policy is void from the beginning, on account of fraud; of the fhip not being feaworthy; or of the voyage infured being prohibited. There are alfo cafes, in which the infurer is difcharged, because the infured has failed in the performance of thofe conditions, which he had undertaken to fulfil; fuch as the non-compliance with warranties; and deviating from the voyage infured: Thefe and many other points of the fame nature occupy feveral chapters.

When the underwriter has never run any risk, it would be unconfcionable that he fhould retain the premium: Therefore after confidering thofe inftances, in which this is the cafe, it is natural next to afcertain in what cafes the underwriter fhould retain, and in what cafes he should return the premium.

It would be in vain to tell a man, that he was entitled to the affiftance of the law, and that his cafe was equitable and right, without pointing out in what forum, and by what mode of proceeding he should feek a remedy. I have endeavoured to point out the proper tribunal, to which a person injured is to apply; the mode of proceeding, which he is to adopt; and the nature of the evidence he muft adduce to fubftantiate. his claim, with refpect to this contract: After the difcuffion of marine infurances, I have added three chapters upon fubjects, which, though they do not form a part of the plan, are so ma

terially

terially connected with it in the rules and principles of decifion, that it seemed to me the work would be deficient without them: These are, bottomry and refpondentia, insurances upon lives; and insurances against fire.

When I planned this work, I intended to prefix an introduction, containing a fhort, hiftorical account of the rife and progress of insurances in this country only. But upon the fuggeftion of one, to whose opinion I bow with deference, and whofe judgment will always command obedience; I was induced to enlarge my defign. The reader will now find a fhort account of fuch of the ancient maritime states, as have promulgated any fyftem of naval jurisprudence; and alfo, of the progress of marine law among the various states of Europe, I have endeavoured to trace the origin of insurance to its fource; to point out those countries in which it has flourished, and; the progress and improvement of it in our own.. Such is the arrangement, which I have adopted, and on the propriety. of which, the world and the profeffion are to decide.

As to the mode of treating the subject, it will be proper to obferve that, at the head of each: chapter, I have stated the principles upon which the cafes on that point. depend; and then have quoted the cafes themselves to fhew, that they are agreeable and confonant to the principles advanced. If there are any cafes, which feem to differ from the others, I endeavour to prove, either that they depend upon different principles, or that there are circumftances in them, which make them exceptions to the general rules. In quoting cafes, I have been careful minutely to ftate all the circumstances, and also the opinion of the court without any

alteration,

alteration, or comments of my own; convinced that the utility of a work of this kind confifts in the true and accurate account of what the law is, not in idle fpeculations of a private man, as to what the law ought to be. Befides, one main purpose of fuch a compofition is, to fave the profeffors of the law the trouble of turning over vaft volumes of reports, by collecting into one book, all the cafes upon a particular fubject:

But unless the cafes are fully and faithfully reported, recourse must still be had to the original reporters, and the end of fuch a compila tion is defeated. At the fame time it ought to be obferved, that fometimes, though not very often, feveral different points arise in one cause; and then, in order to preferve the fyftem complete, it is neceffary to feparate them, and to affign to each its proper place. But ftill the opinion of the court is given fully on each of the points; and a reference is made from one part of the cafe to the other.

I had it in contemplation to have had a diftinct chapter for the confideration of the law relative to this fpecies of contract in other countries of Europe. But upon reflecting that infurances are founded upon the great principles of natural juftice, rather than upon any municipal regulations; and that confequently the law must be nearly the fame in all countries, I relinquished the idea. Befides, I have throughout the work, which feemed to be a better plan, taken notice in what respects the pofitive inftitutions of other maritime ftates agree or difagree with those of our own: A plan, which ferves to illuftrate and confirm the English fyftem.

It remains to speak of the materials I have used. Conscious that the value of a law book depends upon the purity and excellence of the fources, from which its contents are taken, I have never advanced any position, without referring to the book in which it was found; unlefs it be upon fome unfettled point, where I have ftated the arguments that may be adduced on both fides, and left it to the reader to form his own conclufions. In my researches upon this occafion, I have confulted every foreign author that I could poffibly obtain; and have made as much ufe of their labours, as the nature of the plan would admit.

With refpect to the decifions of the English courts of justice, I believe I have not omitted a single cafe, that ever has appeared in print upon the subject: Befides which, this collection contains a great number of manufcript cafes, of which fome have been determined at Nifi Prius only, and many have been the fubject of delib eration in court upon cafes referved, or upon motions for new trials. For the latter, I myself am chiefly refponfible, and upon fome future occafion, I fhall be happy to correct any errors, which they may contain; as most of them were taken while I was a ftudent, merely for my private use, without any view to future publication. I have, however, by comparing them with fuch notes as I could obtain, done every thing in my power to render them worthy of the attention of the profeffion. As to the Nifi Prius notes, I am indebted for them to the very liberal and generous communications of my young profeffional friends; and to fome alfo of thofe, who are in the first rank at the bar. Indeed, to name any one would be an injustice to the rest; and there

fore,