A.D. 1906.

[Memorandum.]

Lost or not lost.

From.

At and from. [Ship.]

[Freight.]

From the

loading thereof.

Safely landed.

Touch and stay.

Perils of the seas.

and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, 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, at and after the rate of

IN WITNESS whereof, we, the assurers, have subscribed our names and sums assured in London.

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 from average, under three pounds per cent unless general, or the ship be stranded. Rules for Construction of Policy.

The following are the rules referred to by this Act for the construction of a policy in the above or other like form, where the context does not otherwise require

1. Where the subject-matter is insured "lost or not lost ' and the loss has occurred before the contract is concluded, the risk attaches unless, at such time the assured was aware of the loss, and the insurer was not.

"

2. Where the subject-matter is insured "from" a particular place, the risk does not attach until the ship starts on the voyage insured. 3. (a) Where a ship is insured "at and from ' a particular place, and she is at that place in good safety when the contract is concluded, the risk attaches immediately.

"

(b) If she be not at that place when the contract is concluded the risk attaches as soon as she arrives there in good safety, and, unless the policy otherwise provides, it is immaterial that she is covered by another policy for a specified time after arrival. (c) Where chartered freight is insured at and from" a particular place, and the ship is at that place in good safety when the contract is concluded the risk attaches immediately. If she be not there when the contract is concluded, the risk attaches as soon as she arrives there in good safety.

"

(d) Where freight, other than chartered freight, is payable without special conditions and is insured at and from " a particular place, the risk attaches pro rata as the goods or merchandise are shipped; provided that if there be cargo in readiness which belongs to the shipowner, or which some other person has contracted with him to ship, the risk attaches as soon as the ship is ready to receive such cargo.

4. Where goods or other moveables are insured from the loading thereof," the risk does not attach until such goods or moveables are actually on board, and the insurer is not liable for them while in transit from the shore to the ship.

5. Where the risk on goods or other moveables continues until they are safely landed," they must be landed in the customary manner and within a reasonable time after arrival at the port of discharge, and if they are not so landed the risk ceases. 6. In the absence of any further license or usage, the liberty to touch and stay at any port or place whatsoever does not authorize the ship to depart from the course of her voyage from the port of departure to the port of destination.

"

"

"

7. The term "perils of the seas refers only to fortuitous accidents or casualties of the seas. It does not include the ordinary action of the winds and waves,

"

8. The term pirates" includes passengers who mutiny and rioters who attack the ship from the shore.

"

"

A.D. 1906.

Pirates.

9. The term thieves does not cover clandestine theft or Thieves. a theft committed by any one of the ship's company, whether crew or passengers. 10. The term

"

Restraint of

arrests, etc., of kings, princes, and people princes.

refers to political or executive acts, and does not include a loss caused by riot or by ordinary judicial process.

"

"

11. The term barratry includes every wrongful act Barratry. wilfully committed by the master or crew to the prejudice of

the owner, or, as the case may be, the charterer.

12. The term I all other perils includes only perils similar All other

perils. in kind to the perils specifically mentioned in the policy. 13. The term average unless general' means a partial Average loss of the subject-matter insured other than a general average loss, and does not include particular charges."

unless general.

14. Where the ship has stranded, the insurer is liable for Stranded. the excepted losses, although the loss is not attributable to the stranding, provided that when the stranding takes place the risk has attached and, if the policy be on goods, that the damaged goods are on board.

15. The term ship "includes the hull, materials and outfit, Ship. stores and provisions for the officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings requisite for the trade, and also, in the case of a steamship, the machinery, boilers, and coals and engine stores, if owned by the assured.

"

"

16. The term freight includes the profit derivable by a Freight. shipowner from the employment of his ship to carry his own goods or moveables, as well as freight payable by a third party, but does not include passage money.

17. The term goods means goods in the nature of mer- Goods. chandise, and does not include personal effects or provisions and stores for use on board.

In the absence of any usage to the contrary, deck cargo and living animals must be insured specifically, and not under the general denomination of goods.

SECOND SCHEDULE.-ENACTMENTS REPEALED.

upon the said Ship, &c.

Touching the Adventures and Perils which we the Assurers are contented to bear and do take upon us 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 Merchandises and Ships, &c., or any Part thereof; and in case of any Loss or
Misfortune it shall be lawful to the Assured, their Factors, Servants and Assigns, to sue, labour, and travel for, in, and about
the Defence, Safeguard, and Recovery of the said Goods and Merchandises 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. And it is especially declared and agreed that no acts of the Insurer or Insured in recovering, saving,
or preserving the property insured, shall be considered as a waiver or acceptance of abandonment. 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.

Warranted free of capture, seizure, arrest, restraint, or detainment, and the consequences thereof or of any attempt thereat (piracy
excepted), and also from all consequences of hostilities or warlike operations whether before or after declaration of war.

Should the above clause be deleted, the following clause is to operate as part of this Policy

Warranted free of any claim based upon loss of, or frustration of, the insured voyage, or adventure, caused by arrests, restraints,
or detainments of Kings, Princes or Peoples.

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 Assured, 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

at and after the Rate of

27-(1803)

In Witness whereof, we the Assurers have subscribed our Names and Sums assured

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 from Average under Three Pounds per Cent, unless general, or the Ship
be stranded.

1923.

IV.

INSTITUTE TIME CLAUSES.

HULLS.

1923.

And it is further agreed that if the Ship hereby Insured shall come into collision with any other Ship or Vessel and the Assured shall in consequence thereof become liable to pay and shall pay by way of damages to any other person or persons any sum or sums in respect of such collision the Undersigned will pay the Assured such proportion of three-fourths of such sum or sums so paid as their respective subscriptions hereto bear to the value of the Ship hereby Insured, provided always that their liability in respect of any one such collision shall not exceed their proportionate part of three-fourths of the value of the ship hereby Insured, and in cases in which the liability of the Ship has been contested, or proceedings have been taken to limit liability, with the consent in writing of the Undersigned, they will also pay a like proportion of three-fourths of the costs which the Assured shall thereby incur, or be compelled to pay; but when both Vessels are to blame, then unless the liability of the Owners of one or both of such Vessels becomes limited by law, claims under this clause shall be settled on the principle of cross-liabilities as if the Owners of each Vessel had been compelled to pay to the Owners of the other of such Vessels such one-half or other proportion of the latter's damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of such collision.

Provided always that this Clause shall in no case extend to any sum which the assured may become liable to pay, or shall pay for removal of obstructions under statutory powers, for injury to harbours, wharves, piers, stages, and similar structures, consequent on such collision; or in respect of the Cargo or engagements of the Insured Vessel, or for loss of life or personal injury.

Should the Vessel hereby insured come into collision with or receive salvage services from another Vessel belonging wholly or in part to the same owners, or under the same management, the Assured shall have the same rights under this policy as they would have were the other Vessel entirely the property of owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered, shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

In port and at sea, in docks and graving docks, and on ways, gridirons and pontoons, at all times, in all places, and on all occasions, services and trades whatsoever and wheresoever, under steam or sail, with leave to sail with or without pilots, to tow and assist vessels or craft in all situations, and to be towed and to go on trial trips.

Should the Vessel at the expiration of this policy be at sea, or in distress, or at a port of refuge, or of call she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium, to her port

of destination.

Held covered in case of any breach of warranty as to cargo, trade, locality or date of sailing provided notice be given and any additional premium required be agreed immediately after receipt of advices.

Should the Vessel be sold or transferred to new management, then, unless the Underwriters agree in writing to such sale or transfer, this Policy shall thereupon become cancelled from date of sale or transfer, unless the Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, in either of which cases such cancellation shall be suspended until arrival at final port of discharge if with cargo, or at port of destination if in ballast. A pro rata daily return of premium shall be made.