IN WITNESS whereof, we the Assurers have subscribed our Names and Sums assured in 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 (fa), also the Ship (16) and Freight (17), are warranted free from Average under Three Pounds per Cent. ; unless general (14), or the Ship be stranded (15).
• liltles for the constniction of a Policy in the above or other like form, where the context does not otherwise require.
1. Lost or not lost.—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 insured was not. 2. From.—Where the subject-matter is insured " from" a par ticular place, the risk does not attach until the ship starts on the voyage insured. a. At and from.—(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 is not at that place when the contract is concluded the risk attaches a.s 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 is 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 ancl merchandise are shipped ; provided that if there is cargo in readiness which belongs to the shipowner, or which some other person has contracted with Min to ship, the risk attaches as soon as. the ship is ready to receive the carg,o. 4. No risk attaches to goods or other movables insured " from the loading thereof" until they 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 movables 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. The liberty to " fouch and stay' at any Ports or Places whatsoever does not authorise the ship to depart from the course of her voyage from the port of departure to that of destination, unless there is some further licence or usage. 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 " fire" does not cover a loss caused by the explosion of steam, nor a fire caused by the inherent vice of the subject-matter insured, hut it does cover a fire voluntarily caused in order to avoid capture by an enemy. 9. Passengers who mutiny, and rioters who attack the ship from the shore, here come within the designation of " pirates." 10. The term " thieves " does not cover clandestine theft or a theft committed by any one of the ship's company, mhether crew or pas sengers. 11. " Arrests, &c. of kings, princes, and people" refers to political or executive acts, and does not include a loss caused by riot or ordinary judicial process. 12. " Barratry " includes every wrongful act wilfully com mitted by the master or crew to the prejudice of the owner, or, as the case may be, the charterer. 13. The term "all other perils" includes only perils similar in kind to those specifically mentioned in the policy. 14. " Average unless general" means a partial loss of the subject-matter insured other than a general average loss, and does not include "particular charges." 15. The insurer is liable for the excepted losses where the ship has "stranded," even though the loss is not attributable to the stranding. But for this to be so the risk must have attached when the stranding takes place, and, if the policy is on goods, the damaged goods are on board. 16. In the term " ship " is comprised the hull, materials, and outfit 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. 17. "Freight" includes the profit derivable by a shipowner from the employment of his ship to carry his own goods or movables, as well as freight payable by a third party, but does not include passage money. 18. The term " goods " means goods in the nature of merchandise, 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. See MARINE INSURANCE.