by the plaintiff that the words in the original policy "outward cargo to be considered homeward interest twenty-four hours after her arrival at her first port of discharge," are sufficient to make the reassurance apply to goods loaded before the arrival of the vessel at Africa. But these words must be read in connection with those which go before, as to the option to increase the valuation. The words "from the loading" determine the time at which the risk is to commence, Rickman v. Carstairs (1).

[LUSH, J.-If the goods had been unshipped on the West Coast of Africa, and immediately afterwards put on board again, the policy would have attached. Why should not the parties agree to dispense with an unnecessary proceeding?]

In such a case there would be a substantial re-loading of the cargo-Carr v. Montefiore (2).

[BLACKBURN, J.-Bell v. Hobson (3), where the policy contained the words "beginning the insurance from the loading of the goods," and yet was held, as being a continuation of previous policies, to cover goods previously loaded, is like the present case.]

There the policy was in continuation of others. Here there is nothing to affect the ordinary meaning of the words defining the commencement of the risk.

Herschell (Gully with him), for the plaintiff, was not heard.

BLACKBURN, J.-We need not trouble the counsel for the plaintiff. The case has been ably argued for the defendants, but I think that their contention is wrong. The ordinary and general rule in the case of a policy of insurance of course is, that we must take the policy as we find it; it is in a printed form, with written parts introduced into it, and we are to take the whole together, both the written and the printed parts. And although it has been said that we ought to bestow no more attention on the written parts than on those printed parts which are alike in

The

the common form of policies of insurance, there is no doubt that we do, and ought to make a difference between them. part which is actually and specially inserted in a printed instrument is naturally more in harmony with what the parties are intending than the other parts, although it must not be used so as to reject the residue, or to make it have no effect. Part of the printed form of a policy, and here it has not been struck out, is that the adventure "shall begin on the goods and merchandise, from the loading thereof on board the said ship or vessel at as above," which would refer to the voyage above described. This means that the underwriter is not responsible for the goods until they are put on board the vessel to be carried on the voyage that is insured, unless there are express words in the policy to the contrary, and so it has been decided. But in Bell v. Hobson (3), which rather derogates from this rule, Lord Ellenborough says it had been held that the words "beginning the adventure from the loading on board were to be confined to the place from whence the risk commenced; but he adds, "If there be anything to indicate that a prior loading was contemplated by the parties, it will release the case from that strict construction." That I understand to mean that if there be anything on the face of the written instrument to shew that the loading was to commence at a prior time, or that the word "loading" was used in a sense different from the mere putting on board, then such a sense should prevail. Bell v. Hobson (3) the policy was on goods "from the loading at as above," which would mean, prima facie goods loaded at Gottenberg; but it was stated to be in continuation of a policy which was on goods from Virginia to Gottenberg and Lord Ellenborough says, "Can there be anything more indicative of such an understanding between the parties than the statement made at the foot of this policy, that it was in continuation of former policies, which were distinctly upon a voyage from Virginia? This was taking up the voyage from the period in the former policies. The conclusion, therefore, which was drawn in Spitta v. Wood

In

man (4)" (that is, that they were to be loaded during the voyage) "is completely rebutted by the reference in this policy to an antecedent loading." Now that reasoning-which seems to me to be sound sense-must apply here. The insurance here is an insurance of 1,000l. "which insurance is hereby declared to be upon cargo, being a re-insurance subject to all clauses and conditions in the original policy, and to pay as may be paid thereon, general average and salvage charges to be settled as per foreign statement; " and then the policy proceeds immediately after to say, "lost or not lost, at and from any port or ports, place or places, in any order on the West Coast of Africa to the said vessel's port or ports of call and of discharge in the United Kingdom. And the said company promises and agrees that the insurance aforesaid shall commence upon the freight and goods or merchandise aforesaid, from the loading of the said goods or merchandise on board the said ship or vessel, as above, and continue until the said goods or merchandise be discharged and safely landed at as above." Here we have nothing to shew that the parties contemplated a prior loading. The goods would appear to be goods shipped on the coast of Africa, and not the outward cargo. But when we look at the policy of re-insurance, which is said to have all the clauses and conditions of the original policy included in it, we find a policy of insurance which, no doubt, began upon cargo at and from Liverpool to any port or ports in Africa, and backwards and forwards to the United Kingdom, with liberty to discharge, &c., valued at 3,3501., and "with leave to increase the valuation of the cargo on the homeward voyage, outward cargo to be deemed homeward interest twenty-four hours after arriving at her first port of discharge." From this it appears that the original policy was to cover the goods that were put on board at Liverpool, to cover the cargo whilst at Africa, and to cover the cargo homeward from Africa. I agree with Mr. Hill, that it was quite necessary for the insured, who had leave to increase the valuation

(4) 2 Taunt, 416.

of the cargo on the homeward voyage, to say which of these it was; and they elect to say that the cargo loaded at Liverpool, when it had been twenty-four hours on the coast of Africa, was to be considered as on the homeward voyage; so that the re-insurance, we may presume, was made after the ship had arrived on the coast of Africa and does not cover or propose to cover any portion of the risk out to Africa. This appears to me an indication on the face of the policy that it was intended to cover goods as, in that sense, loaded at Africa, which were on board the ship twenty-four hours after her arrival there, and which in the former policy are declared to be considered between the parties as part of the homeward interest. Taking this view of the matter, I think the plaintiff is right in his declaration, and that our judgment should be for him.

MELLOR, J., concurred.

LUSH, J.-I am of the same opinion. This is a policy of re-insurance on the risk which the underwriters on the original policy had incurred on the homeward voyage. They had insured outward and homeward; and this policy undertakes to indemnify them against the risks which they had incurred upon the homeward voyage. The policy says that it shall be subject to all the clauses and conditions of the original policy. The risk under the re-insurance to commence from the loading of the goods on board the ship at some port or place on the coast of Africa. Now by the original policy the underwriters had agreed, in effect, that whatever portion of the outward cargo might remain on board for twenty-four hours after the arrival of the vessel on the coast of Africa, should be deemed to have been shipped upon the homeward voyage. That I take to be the meaning and effect of the word "outward cargo to be deemed homeward interest twenty-four hours after her arrival at her first port of discharge." The parties had agreed, therefore, that whatever remained of the outward cargo should be just in the same position with regard to the liability of the underwriters, as if it had been shipped on the coast of Africa on the homeward voyage. The words are, therefore, "we will reinsure, and be

subject to all the clauses and conditions of that policy." That, I think, enables us to put a meaning upon the terms which express the time when the risk was to commence. The risk is to commence upon the goods "from the loading thereof on board the said ship." It shews that what was meant by the parties was not the actual loading, but a constructive loading, which was what the original underwriters had agreed to treat as a loading on board for the purpose of the homeward voyage.

Judgment for the plaintiff.

Attorneys-Chester and Urquhart, agents for I. H. E. Gill, Liverpool, for plaintiff; Newman, Dale, and Stretton, for defendants.

By the Metropolis Gas Act, 1860 (23 & 24 Vict. c. 125.), s. 4: The words “common gas" shall mean gas of an illuminating power hereinafter defined of not less than twelve candles. The words "cannel gas' shall mean gas of an illuminating power hereinafter defined of not less than twenty candles. By s. 25: The quality of the common gas supplied by any gas company shall be, with respect to its illuminating power, at a distance as near as may be of 1,000 yards from the works, such as to produce from an Argand burner, having fifteen holes, and a 7 in. chimney, consuming 5 cubic feet of gas an hour, a light equal in intensity to the light produced by not less than twelve sperm candles of six to the pound, each burning 120 grains an hour; and the quality of cannel gas supplied by any gas company shall, with respect to its illuminating power at the distance aforesaid, be such as to produce from a batswing or fishtail burner, consuming five feet of gas per hour, a light equal in intensity to twenty such sperm candles; and each such

gas shall, with respect to its purity, be so far free from ammonia and sulphuretted hydrogen that (certain tests are then specified).

By the Gas Light and Coke Company's Act, 1868 (31 & 32 Vict. c. cvi.), s. 8, The company shall be and continue subject to the powers and provisions of the Metropolis Gas Act, 1860, and of any Act passed, or hereafter to be passed, for amending the same, and entitled to the powers and privi leges of those Acts, as if this Act were not passed, so far as the same are not varied by this Act. By s. 109, If the Bill, the short title of which, when passed, is intended to be "The City of London Gas Act" (in this Act referred to as the City Gas Act), now pending, pass into a law in the present session, then the company and their under taking shall be subject to the provisions of the City Gas Act without, as well as within, the City of London and the liberties thereof, and such Act shall extend to the whole

undertaking of the company. By s. 110, Nothing in this Act contained shall exempt the company or their gasworks from the provisions of the Metropolis Gas Act, 1860, or any other general Act already or hereafter passed, in the present or any future session of Parliament, for regulating gas companies in the metropolis, or for regu lating the supply or sale of gas in the metropolis, &c.

By the City of London Gas Act, 1868 (31 & 32 Vict. c. cxxv.), s. 3, such parts of the Act of 1860 as are described in the first schedule to the Act, and any part of any special Act of any company inconsistent with the Act are, so far as they respectively relate to the companies and the City, repealed. By ss. 53 and 54, the gas (except cannel gas) supplied by each company, shall be of an illuminating power of not less than sixteen candles. The Act also contains provisions as to the purity and quality of the gas, and provides means for testing

it :

Held, that the Acts of 1868 did not repeal the provisions in the Act of 1860 as to the purity and quality of the gas, and that the company remained subject to these provisions as well as to those contained in the later Acts.

SPECIAL CASE stated for the opinion of the Court under order of Nisi Prius

1. The Gas Light and Coke Company, hereinafter called the Company, sued the vestry of the parish of St. George's, Hanover Square, hereinafter called the Vestry, for gas supplied for lighting the public lamps, within the parish, and for maintaining, cleaning, keeping in repair the lamps, and claimed two thousand one hundred and sixty pounds.

2. The Vestry paid into Court one thousand seven hundred and eighty-seven pounds, and denied their liability to pay the residue. Issue was joined.

3. The Company were re-incorporated by the Gas Light and Coke Company's Act, 1868, 31 & 32 Vict. c. cvi. section 5. 4. The parish of St. George's, Hanover Square (which is without the limits of the City of London and the Liberties thereof), has been supplied with gas by the Company ever since 1810, when it was first incorporated by royal charter, and the vestry, which was formerly governed by a private Act of seventh year of the reign of George the Fourth, is now subject to and incorporated by the Metropolis Local Management Act, 1855.

5. The claim by the Company in this action against the vestry is in respect of one thousand one hundred and sixty-two public or street lamps and four private lamps or jets used in their office, for the six months from the 1st of January to the 30th of June, 1870. The account delivered before action is as follows

The particulars in the action stated that the gas supplied to nine hundred and thirty-eight lamps and the four jets was of the description called cannel gas, and the gas supplied to two hundred and twenty-four lamps was of the description called common gas. That the amount claimed for the cannel gas, including the lighting, cleansing and repairing of the lamps is one thousand seven hundred and sixty-three pounds, thirteen shillings and seven pence, and the claim in respect of common gas, including the lighting, cleansing and repairing of the lamps is three hundred and ninety-six pounds, twelve shillings and four pence.

Since the particulars were delivered it has been ascertained that the actual number of lamps supplied with cannel gas is nine hundred and forty-two, and the number supplied with common gas is two hundred and twenty.

6. Cannel gas of an illuminating power of twenty candles was supplied to nine hundred and forty-two lamps, consuming two and a half feet per hour, and common gas of an illuminating power of sixteen candles was supplied to two hundred and twenty lamps consuming four feet feet per hour. The four private lamps or jets in the stone-yard of the vestry were supplied with cannel gas of the like illuminating power, and consuming three feet per hour, but no question arises in respect of these four lamps or jets.

7. Upon an estimate of the yearly consumption of cannel gas by each lamp consuming two and a half feet per hour, and of the yearly cost of repair, &c., the Company charged three pounds, fourteen shillings and four pence per lamp per year. Upon a similar estimate for common gas consumed at four feet per hour and the repairs, the charge would be three pounds, nineteen shillings and eight pence per lamp per year. But as the Company could not supply cannel gas to all the lamps those which consumed common gas were also supplied at three pounds, fourteen shillings and four pence, including repairs, per lamp per year, being a reduction in favour of the Vestry.

7 a. Te gas mains are the property, and are laid down by and are under the control of the Company, and the company

3 A

have full power to lay down and carry their cannel gas mains under and along such parts of the parish, but the public have no power to require, nor is the Company under any statutory obligation to lay mains for the supply of any particular kind of gas. The Company, under the provisions of The Gas Light and Coke Company's Act, 1868, can discontinue the manufacture and supply of cannel gas altogether upon giving three months' notice thereof.

8. In certain parts of the parish there were and are no cannel gas mains, of which fact the vestry had notice, and knew that cannel gas could not be supplied in those parts of the parish, and it was agreed in the year 1857 between the Company and the Vestry that in those parts burners should be used which consumed five feet per hour of common gas, which is equal to two and a half feet per hour of cannel gas of the illuminating power of fifteen candles, and that an uniform charge per lamp should be made to the Vestry for an uniform power through out the parish.

9. Previous and up to the 28th of August, 1860, the date of the passing of the Metropolis Gas Act, 1860, the supply of gas was under a contract between the Company and the Vestry. (This contract not being material to the decision is not set forth.)

9a. By the 25th section of the Metropolis Gas Act, 1860 (23 & 24 Vict. c. 125), it is enacted

with

"The quantity of the common gas supplied by any gas company shall be, respect to its illuminating power, at a distance as near as may be of one thousand yards from the works, such as to produce, from an argand burner having fifteen holes and a seven inch chimney consuming five cubic feet feet of gas an hour, a light equal in intensity to the light produced by not less than twelve. sperm candles of six to the pound, each burning one hundred and twenty grains an hour, and the quality of cannel gas supplied by any gas company shall, with respect to its illuminating power at the distance aforesaid, be such as to produce from a bat'swing or fishtail burner consuming five feet cf gas per hour a light

equal in intensity to twenty such sperm candles, and each such gas shall, with respect to its purity, be so far free from ammonia and sulphuretted hydrogen, that it shall not discolour either turmeric paper or paper imbued with acetate or carbonate of lead when those tests are exposed to a current of gas issuing for one minute under a pressure of five-tenths of an inch of water, and shall not contain more than twenty grains of sulphur in any form in one hundred cubic feet of gas, provided that any gas company and the local authorities of the district supplied by such company, shall be at liberty to agree upon any other or different test by which to ascertain the purity of the gas or to vary the amounts of ammonia or sulphur in any form hereinbefore allowed, and thereupon the company shall thenceforth be liable to have the purity of their gas tested in the manner so prescribed."

10. The 36th section of the Metropolis Gas Act, 1860, is in these words—

"All contracts made or existing before the 1st of January, 1860, between any of the gas companies included in this Act, and any local authority for or relating to the supply of gas, shall terminate on the 1st of February, 1862, and thereafter the provisions of this Act in all particulars shall apply to such company, provided that from the time of the passing of this Act until the said 1st of February, 1862, the provisions of this Act relating to price, purity and illuminating power of gas shall not apply to any such company, unless such company shall elect to adopt them."

11. The Company did elect to adopt the provisions of the Act as to price, purity and illuminating power, and continued to supply the Vestry with gas for the public lamps in the same manner as previously.

12. On the 22nd of February, 1861, the Vestry wrote and sent a letter to the Company to know at what price per lamp they would be willing to supply the public lamps of the parish, situate in their district, with gas for one year next ensuing from the 25th of March, 1861, such charge to include the lighting, cleaning, keeping in repair, and painting the lamps, posts, &c., as at present.