or goods, by means of fire, within the time limited in the policy. Page 502 2. The London Affurance Company infert a clause in their propofals, by which they declare, that they do not hold themfelves liable for any damage by fire, occafioned by an invafion, foreign enemy, or any military or ufurped power whatfoever. ibid 3. Under this provifo it was held, that the infurers were not exempted from lofs by fire, occafioned by a mob at Norwich, which arofe on account of the high price of provifions. 503 4. The fun fire office, in addition to these words, add "civil commotion," it was held that the company, under thofe words, were exempted from loffes occafioned by rioters, who rofe in the year 1780, to compel the repeal of a ftatute, which had paffed in favour of the Roman catholics. 507

5. When a lofs happens, the infured muft give immediate notice of his lofs; and as particular an account of the value, &c. as the nature of the cafe will admit. He muft alfo produce a certificate of the minifter and church wardens, as to the character of the fufferer, and their belief of the truth of what he advances. 511 6. In infurances against fire, the lofs may be either partial or total. 512 7. These policies are not in their nature affignable; nor can the intereft in them be transferred without the confent of the office.

ibid

8. When any perfon dies, the interest shall remain to the heir, executor or administrator, respectively, to whom the property in

fured belongs; provided they procure their right to be indorfed on the policy, or the premium be paid in their name. Page 512

9. It is neceffary the party injured should have an intereft or property in the boufe infured, at the time the policy is made out, and at the time the fire happens ; and therefore, after the leafe of the house expired, the insured's affigning the policy does not oblige the infurers to make good the lofs to the affignee.

513 10. The premium upon common infurances is two fhillings per cent. for any fum not exceeding 1000l. and half a crown from 1000l. upwards.

521 11. Befides which there is a duty to government of 25. per cent. ibid. 12. This tax does not extend to publick hofpitals.

ibid.

ibid.

13. If a houfe were destroyed by a foreign enemy the day after the policy is made, there would be no return of premium. 14. If any perfon fign a policy of infurance against fire, not being duly ftamped, he fhall forfeit 10%. and must pay 51. over and above the ufual ftamp duties, before it can be received in evidence. ibid. 15. Fraud vitiates this fpecies of contract. 522

France.

An account of its commercial and maritime regulations; and the diftinguished authors, who have written upon the fubject of infurances. Intr. Page xxx to xxxiii

Fraud.

1. Policies are annulled by the leaft fhadow of fraud or undue concealment of facts. 195 2. Both parties are equally bound to difclofe circumflances, within their knowledge.

ibid 3. If the infurer, at the time he underwrote, knew that the fhip was fafe arrived, the contract will be void. ibid

4. Cafes of fraud upon this fubject are liable to a threefold divifion : 1t, The allegatio falf; 2d, The Jupprefio veri; 3d. Mifreprefentation. The latter, though it happen by mistake, if in a material part, will vitiate the policy, as much as actual fraud. ibid 5. The policy was held to be void, where goods were infured as the property of an ally, when in fact they were the goods of an ene

8. Goods were infured on board a fhip, warranted Portuguefe. The goods were loft by a different peril, but in fact the fhip was not Portuguese. The policy is void ab initio. Page 198 Concealment of circumitances

9

vitiates all contracts of insurance. The facts upon which the risk is to be computed lie, for the most part, within the knowledge of the infured only. The underwriter relies upon him for all neceffary information; and must trust to him that he wil conceal nothing, fo as to make him form a wrong eftimate. 199 10. One having an account that a Thip, defcribed like his, was taken, infured her, without giv ing any notice to the infurers of what he had heard, the policy was decreed in equity to be delivered up.

200

11. The agent for the plaintiff two days before he effected the policy, received a letter from Cower, in which is this expreffion" On the 12th of this month "I was in company with the

Davy (the hip in question) "at twelve at night loft fight of "her all at once; the captain

fpoke to me the day before "that he was leaky, and the "next day we had a hard gale." The fhip, however, rode out the gale, and was captured by the Spaniards. The policy was held to be void, because the letter was not communicated to the infurer. ibid

12. A hip was infured" at and

66

from Genoa." The ship loaded at Leghorn, and was originally bound for Dublin; but lofing her convoy, fhe put into Gensa in Auguft, and lay there till the January following. All these facts were known to the infured, but

but not communicated to the infurer: the policy was held to be void. Page 201 13. A fhip being bound from the coaft of Africa to the British Weft Indies, failed from St. Thomas's on the coast of Africa on the 2d of October, a circumftance with which the plaintiff was acquainted by a letter received in February. The policy was not made till the 21st of March, The letter was not fhewn, nor was any thing faid of her failing from St. Thomas's, but in the inftructions "the fhip was faid to have been

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on the coaft the 2d of Oco"ber." The policy was held to be void. 14. The broker's inftructions stated the hip ready to fail on the 24th of December; the broker reprefented to the underwriter that the fhip was in port, when in fact he had failed the 23d of December. The policy was void.

204

15. But there are many matters, as to which the infured may be innocently filent; ft, As to what the infurer knows, however he came by that knowledge; 2d, As to what he ought to know; 3d, As to what leffens the risk. An underwriter is bound to know particular perils, as to the fate of war or peace. ibid

16. If a privateer is infured, the underwriter needs not be told her destination. ibid 17. An infurance was made on Fort Marlborough in the East Indies for twelve months against the attacks of an European enemy, for the benefit of the governor. The defence set up was an undue concealment of circumftances, particularly the weakness of the fort, and the

probability of its being attacked by the French. The court held that the policy was good. P. 205 18. The whole doctrine of con cealment fully illuftrated from page 205 to 217.

19. A fhip was infured " from "London to Nantz, with liberty

to call at Oftend." The fhip's clearances and papers were all made out for Ofiend; but the was never intended to go thither. After the policy was made, war was declared against Françe. Two defences were fet up; ift, That there was a fraud in clearing out the ship for Oftend, when the never was defigned for that place. 2d, That as hoftilities were declared after the policy was figned, and before the fhip failed, the defendant ought to have had notice: The court held that neither of the objections was valid; for the firft was the common ufage; and of the fecond the infurer was bound to take notice. 217 20. An underwriter refufed to pay a lofs by capture, the fhip being Portuguefe and condemned for having an English fuperca go on board, becaufe the infured had not difclofed that circumftance. The court held that the condemnation was unjust, and was not fuch a circumftance as the infured was bound to difclofe. 220 21. A reprefentation is a state of the cafe, not forming a part of the written instrument or policy; and it is fufficient if it be fubftantially performed. 221. 228 22, If there be a mifreprefentation it will avoid the policy, as a fraud, but not as a part of the agreement.

222

23. Even written inftructions, if they are not inferted in the policy, are only to be confidered

as

as reprefentations; and in order to make them valid and binding 23 a warranty, it is necessary that they make a part of the written inftrument. Page 222 24. If a reprefentation be falfe in any material point, it will avoid the policy; because the underwriter has computed the risk upon circumftances, which did not exist. ibid 25. The following inftructions were hewn to the first underwriter, but not inferted in the policy, "Three thoufand five hundred

pounds upon the ship Julius "Cæfar for Halifax, to touch at Plymouth, and any port in "America: fhe mounts twelve

guns, and twenty men." Thefe inftructions were not fhewn to the prefent defendant, but fhe was reprefented generally as a Ship of force. At the time of her capture, fhe had on board 6 four pounders, 4 three pounders, 3 one pounders, 6 fwivels, and 27 men and boys in all, of which 15 only were men. The witnefs faid, he confidered her as being ftronger with this force, than if he had 12 carriage guns, and 20 men; and that there were neither men nor guns on board, at the time of the infurance. The court held, that thefe inftructions were only a reprefentation; and that they had been fubftantially performed. ib d 25. A fhip was infured at and from Port L'Orient to the Iles of France and Bourbon, and to all or any ports or places where, and whatsoever, in the Eaft In. dies, China, Perfia, or elsewhere, beyond the Cape of Good Hope, from place to place, and during the fhip's ftay and trade, backwards and forwards, at all ports and places, and until her fafe

Pondicherry, China, the fles of France, and L'Orient.” The fhip, in fact, did not fail till the 6th of December, and did not reach Pondicherry till the month of July following. She continued there till Auguft, when inftead of proceeding to China, the failed for Bengal, where having paffed the winter and undergone confiderable repairs, the returned to Pondicherry, and after taking in a homeward bound cargo at that place, proceeded in her voyage back to L'Orient, but was taken by the Mentor privateer. The ufual time, in which the direct voyage is performed between Pondicherry and Bengal is fix or feven days; but this ship was fix weeks in going to, and two months in returning from Bengal, and lay off Madras, Majulipatam, Vifigapatam, and Yanon, and took in goces at all thofe places. Lord Mansfield told the jury, that if no fraud was intended, and that the variance between the intended voyage, as defcribed in the flip of paper, and the actual voyage as performed did not tend to in creafe the risk, this flip of paper being only a reprefentation, the plaintiff was entitled to their verdict.

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