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circumstantiis constat de navis identitate."1 "On ne doit pas pointiller sur le nom du navire, pourvu que l'erreur qui s'y est glissée n'empêche pas d'en reconnaître l'identité."2

Hence, immediately following the blank left in our common policy for inserting the name of the ship or master, come the words, 66 or by whatsoever other name or names the same ship or the master thereof is or shall be named and called."

As, moreover, circumstances may frequently arise, espeship or ships. cially in case of shipments made from abroad, in which the

Name of the master.

merchant, though desirous of protecting his goods by an immediate insurance, may be utterly ignorant of the particular vessel by which they may be consigned to him, a relaxation of the rule requiring the insertion of the name of the ship in the policy is in such cases permitted; and the party insuring is allowed to effect the policy on his property,

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on board any ship or ships," on condition of declaring, as soon as he becomes aware of it, the name of the ship or ships on board which it has actually been loaded.3

Partly for the reason already given, and partly because it is an additional means of identifying the ship from others of the same name, the name of the master ought, if known, to be truly inserted in the policy; yet many occasions arise in the course of the voyage which make it necessary to change the master, and in cases of insurance on "ship or ships" at sea, or from a distant port, the name of the master for the time being may not be known; in our common form, therefore, after the blank left for the name of the master, these words follow, "or whoever else shall go for master in

1 Casaregis Disc. i. no. 139, cited by Emerigon, c. vi. s. 3, vol. i. p. 160.

2 Emerigon, c. vi. s. 3, vol. i. p. 160.

3 The legality of the insurance on ship or ships was declared, so far back as 1794, to be too well established by usage and authority to admit of

dispute; Kewley v. Ryan, 2 H. Bl. 348. In France an insurance of this nature is called "assurance in quovis," and is expressly permitted by the Ord. de la Marine, liv. 3, tit. vi. art. 4, and the Code de Commerce, art. 337. It is ably explained by Emerigon, c. vi. s. 5, vol. 1, p. 173.

the said ship," and the words already cited, " or by whatsoever other name or names the same ship or the master thereof is or shall be named or called."

the risk;

(7.) In the statutory form of policy the duration of the Duration of risk on ship and goods is described in the following clause, the blanks in which must be filled up, according to the nature of the adventure which the party effecting the policy wishes to insure:

"Beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship [at A. ] upon the said ship, &c. [at and from A.], and shall so 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 merchandises whatsoever, shall be arrived at [B.], upon the said ship, &c., until she hath moored at anchor twenty-four hours in good safety, and upon the goods and merchandises, until the same shall be there discharged and safely landed."

The meaning of this clause, when stripped of its verbiage, is, that the risk upon the goods is to commence from their on goods; being loaded on board the ship wherever that may be; to continue upon them during the whole time they remain on board, and not to terminate until they have been discharged from the ship, and safely landed at the port of delivery. The risk upon the ship is to commence at the port from on ship. which she sails on the voyage insured, wherever that may be, to continue during her stay there, and not to terminate until after she has moored at anchor for twenty-four hours in good safety at the port named as the terminus of the risk.

The effect of this clause, however, depends of course upon the mode in which the blanks are filled up. In the form in which we have filled it up the policy is a voyage policy

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Liberty to

in the most usual terms. But the multifarious exigencies of commerce in a country like our own, which lead our merchants and shipowners to engage in enterprises almost infinitely varied, require the same diversity in describing as is displayed in the undertakings themselves; and policies are accordingly filled up in every variety of form, as we shall have occasion to see more at length when we come to consider the construction put from time to time by our Courts upon the loosely drawn and imperfectly expressed clauses by which our merchants have endeavoured to adapt the old policy to the diversified wants of commerce in modern times.

By statute, "Every policy shall specify the particular risk or adventure, and in case the same be omitted in any policy such policy shall be null and void to all intents and purposes."1

(8.) We have already said that the course of the ship's touch or stay. navigation is never in terms expressed in any policy. It is an implied condition of every policy, as we shall see more at large hereafter, that the ship in sailing between the termini of the voyage insured, shall pursue that course or track which long usage has established to be the safest and most direct mode of navigation, without deviating from it to touch at any ports or places whatsoever which lie between the extreme points of the voyage, unless express liberty for that purpose be inserted in the policy.

As very few voyages, however, occur in which it is not desirable that the ship should have the power of touching at intermediate ports, the common printed form of policy invariably contains this clause :-" 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 insurance." The blank which is left, is for the purpose of specifying the particular ports and

130 Vict. c. 23, s. 7.

places at which it is intended this liberty shall be exercised; and the various modes in which this blank may be filled up, together with the numerous cases decided on the construction of this clause in the policy, will be referred to at large hereafter, in considering the law affecting Deviation.

(9.) "The said ship, &c., goods and merchandises, &c., for Valuation clause, and so much as concerns the assured, by agreement between the sum insured. assured and assurers in this policy are and shall be valued

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This clause is in all the common printed forms of policy, though the blank it contains is not always filled up; if filled up, the policy is called a valued policy; if not filled up, an open policy. When inserted, this value ought to be, but frequently is not, the real value of the ship, or the prime cost of the goods at the time of effecting the policy, together with the amount of the shipping charges, premiums and other expenses of the insurance.2

As will appear from the language of the clause, this valuation is agreed to be final and conclusive "between the assured and assurers," on the particular policy; and consequently, as will appear hereafter, it cannot be set aside, except in cases of fraudulent over-valuation.3

It is not unfrequently the case that where the interest intended to be insured requires a more specific description than that contained in the general printed form, such description is inserted in this clause; as, e. g., the said ship and goods, &c., "are and shall be valued [at one thousand pounds, being on twenty bales of cotton, marked to the

1 The words "as under" were here written in, and the following blank remained not filled up; lower down in the margin was written "13007.," and opposite to this, but in the body of the policy, following the 3 per cent. memorandum clause, were written these words,-"on freight, warranted free of caption, seizure," &c. This

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was held not to be a valued policy;
Wilson v. Nelson, 5 B. & S. 354; 33
L. J. (Q. B.) 220.

2 Stevens on Average, part ii.
art. i.

3 Barker v. Janson, L. R., 3 C. P. 303; North of England Iron St. Shipping Ass. v. Armstrong, L. R., 5 Q. B. 244.

Sum insured.

said twenty bales valued at that sum] or [at one thousand
pounds, being on the interest which I. S. has as owner in
one fourth share of the said ship, the said one fourth share
being valued at that sum]," or the words "valued at" are
frequently struck out, and a description of the subject of
insurance then inserted without any valuation; as, e. g., the
said ship and goods, &c., for so much as concerns the assured
and assurers in this policy are "freight," or
freight," or "profits," or
money lent on bottomry."

In this case it is obvious that the words "the said ship and goods," &c., are to be read as though they meant "the subject insured by this policy, as far as concerns the assured and underwriters, is taken to be 'freight,' 'profits,' 'bottomry," &c.

The words "valued at" are frequently struck out, and the sum insured is then inserted thus, "10007. on ship," or "on goods," &c.; and if it is intended that it should be a valued policy, then it proceeds

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Perils insured against.

By statute every policy shall specify the sum or sums insured, and in case the same shall be omitted in any policy, such policy shall be null and void to all intents and purposes.1

(10.) The next clause in the policy contains an enumeration of the perils against which the underwriters undertake to insure the property on which the policy is effected; or, in the language of the clause, which they "are contented to bear, and do take upon them" in the voyage insured.

As the underwriter is, on plain principles, considered not to be liable to indemnify the assured against loss arising from any perils not specified in the policy or embraced in the general clause, great care has been taken to make this form of words as comprehensive as possible; and the clause

130 Vict. c. 23, s. 7.

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