XXIII. for it cannot properly be called infuring the thing, for there CHA P. is no poffibility of doing it, and therefore must mean infuring the perfon from damage. By the terms of the policy, the defendants might begin to build and repair within fix days after the fire happens. It has been truly faid, this gives the fociety an option to pay or rebuild, and fhews moft manifeftly they meant to infure upon the property of the infured, because nobody elfe can give them leave to lay even a brick; for another perfon might fancy a house of a different kind. Thus it ftands upon the original agreement. The next question will be, whether the fubfequent order, made by the defendants in 1738, has made any alteration. I am of opinion it has not, for it was made only, to explain a particular cafe in the policy: for it might have been a question, whether Mrs. Strode could have come, before the expiration of the term, to examine the books of the office, [456 ] and therefore this order was made to give her fuch a power. It has been ftrongly objected that the fociety could not make fuch an order. I am very tender of faying, whether they can or not. Becaufe, on one hand, it might be hard to fay, that as a society they cannot make any order for the good of the fociety: on the other hand, it would be a dangerous thing to give them a power to make an alteration that may materially vary the interest of the infured. The affignment is not at all within the terms of this order, because it is plain, it meant an affignment before the lofs happened. Now with regard to the lofs happening before the affignment made, Mrs. Strode was entitled to nothing but what was to be paid back upon the depofit. It is plain the thought fo, for if the had imagined the had been entitled to 400%. would any friend have advised her to make a prefent of it to the plaintiff? The cafe of Lynch v. Dalzell, in the House of Lords, fhews how ftrict this Court and that House Vide fupra. are, in the conftruction of policies, to avoid frauds." bill here must be difmiffed. The In the body of the policy the company acknowledge the receipt of the premium at the time of making the infurance: and by the printed propofals of the different focieties, it is expressly ftipulated, that no insurance fhall take place, till the XXIII. CHAP. premium be actually paid by the infured, his, her, or their agent or agents. This premium or confideration money is in all the offices at the rate of two fhillings per cent. for any fum not exceeding 1000l. and two fhillings and fixpence from 1000l. upwards. But this must be understood to mean the premium upon common infurances only: for upon hazardous trades, and wooden buildings, &c. the premium is pro 22 Geo. 3. ch. portioned to the rifk. Befides this, by a late act of parlia 48. f. 1. ment a duty of one fhilling and fixpence per annum is laid upon every hundred pounds of property infured from fire. This duty, however, is not to extend to insurances upon public hofpitals FeA. 2. Ante ch. 19. We have formerly feen, that whenever the risk to be run was entire, there never was a return of premium, though the contract should cease and determine the next day after its commencement. This rule applies to infurances against fire, which generally are made for one entire and connected 457] portion of time, which cannot be fevered: and therefore if the property infured fhould be deftroyed by fire, arifing from the act of a foreign enemy, the very day after the commencement of the policy, though the underwriter would be discharged, yet there can be no apportionment or return of premium. 5 W. and M. w. 3. 10 Anne, ch. 26. L. 67. By reference to the feveral statutes mentioned in the mat gin, it fhould feem, that every policy of infurance against fire, to the amount of 1000l. or under, must have various ftamps which taken together are of the value of fix fhillings: and on all policies to the amount of more than 1000l. an additional duty of five fhillings must be paid; to enforce which regulation, penalty of 10%. is impofed (over and above the payment of the duties) upon any perfon, who fhall (ign, feal, execute, or subscribe any policy of infurance, from fire, not being duly ftamped, and fhall alfo pay the addition al fum of 5. before the fame fhall be ftamped, fo as to be 17 Geo. 3. ch. available in law or equity, or be given or received in evi dence in any court of justice. 5 Geo. 3. ch. 35. 1. 4. 16 Geo. 3. ch. 34. f. 5. 17 Geo. 3. ch. 50. 50. 1. 24. Vide ante, ch. 9. As the pureft equity and good faith are effentially requi fite, as has been already fhewn, to render the contract ef fectual when it relates to marine infurances; fo it need hardly P XXIII. hardly be observed, that it is no less effential to the validity CHA P. infurance. the Name and Names of all and every other Perfon or Persons to whom the fame doth, may, or shall appertain, in Part or in All, doth make Affurance, and cause and them and every of them to be insured, loft or not lost, at and from Upon any Kind of Goods and Merchandizes, and alfo upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat, and other Furniture, of and in the good Ship or Veffel called the whereof is Mafter, under God, for this prefent Voyage, or whofoever elfe fhall go for Master in the faid Ship, or by whatsoever other Name or Names the fame Ship, or the Mafter thereof, is or fhall be named or called; beginning the Adventure upon the faid Goods and Merchandizes from the loading thereof aboard the faid Ship, the faid Ship, &c. upon and fo fhall continue and endute, during her Abode there, upon the faid fhip, &c. And farther, until the faid Ship, with all her Ordnance, Tackle, Apparel, &c. and Goods and Merchandizes whatsoever, fhall be arrived at upon the faid Ship, c. until the hath moored at Anchor Twenty-four Hours in good Safety; and upon the Goods and Merchandizes, until the fame be there difcharged and fafely landed. And it fhall be lawful for the faid fhip, &c. in this Voyage, to proceed and fail to and touch and stay at any Ports and Places whatsoever without Prejudice to this Infurance, the faid Ship, &c. Goods and Merchandizes, &c. for so much as concerns the Affureds by Agreement between the Affureds and Affurers in this Policy are and fhall be valued at Touching the Adventures and Perils which we the Affurers are contented to bear, and do take upon us in this 002 Voyage, & |