The ship on 1 er arrival feized by favages, and

with the tackle,

&C. broke in

pieces and spoil

ed.

the faid fhip as aforefaid, were thereby then and there wetted, damaged, and wholly (poiled; and the faid hip afterwards, and within the space of eighteen months from the day of her arrival n the faid river Gambia, and during her ftay and trade there, to wit, on the fame day and year aforefaid, by force of the winds and tempefts, was wholly loft there in the faid river Gambia; of all which, &c.

AND the faid plaintiffs further fay, that long after the expiration of twenty-four hours from the arrival of the faid ship at Gambia aforefaid, and during her abode, that is to fay, twentieth October 1756, certoin inhabitants of Africa, to the faid plaintiffs unknown, and without the default of the faid plaintiffs, or any of them, by force and violence feized the faid fhip, and broke in pieces, thattered, and fpoiled the faid fhip, and the tackle, apparel,. and furniture thereof; of all which, &c.

The thip da- AND the faid plaintiffs further fay, that after the departure of maged on her the faid fhip from Cork aforefaid, and before the faid ship had voyage by un finifhed the faid intended voyage, to wit, twenty-feventh of known perfons, January 1760, certain perfons, to the faid plaintiffs unknown, and

and robbed.

fta.

without the default of the faid plaintiffs, or either of them, broke, damaged, and fpoiled the body of the faid fhip, and broke, spoiled, took, and carried away the tackle, apparel, ordnance, munition, artillery, boat, and furniture of the faid fhip in the faid writing or policy of affurance mentioned, to the value of four hundred pounds, whereby the faid last mentioned fhip was difabled from performing her fail voyage, and did not perform the fame, but became of no ufe to the proprietors thereof; of all which, &c.

The hip and WAS on the high feas burnt and confumed with and by fire; goods burnt at and the faid goods and merchandizes then being and remaining in and on board the faid fhip, was thereby then and there wholly burnt and confumed with and by fire, and wholly loft to the own ers and proprietors thereof; of all which, &c.

Intereft in a

hip, namely, plaintiff two thirds, and other perfons the remaining third.

AND the faid plaintiff further faith, that the faid P. H. one G. H. and one M. H. at the time of the making of the faid writing or policy of affurance, and from thence continually until and at the time of the lofs hereinafter mentioned, were interested in the faid fhip to a great value, that is to fay, to the value of one thoufand pounds, viz. at, &c. and that the faid writing or policy of affurance was procured, and caufed to be made as aforefaid, for the ufe and benefit of the faid P. H. the faid G. H. and the said M. H. that is to fay, as to two-third parts of the value of the faid last mentioned fhip, for and on the behalf and for the fole wfe and benefit of the faid plaintiff; and as to the remainder third

part

part thereof, for and on the behalf and benefit of the faid G. H. and M. H. to wit, at, &c.

amount.

AND that the faid plaintiffs, at the time of the loading of the Plaintiffs inter faid goods and merchandizes on board the faid fhip as aforefaid, refled in the and from thence continually until the time of the misfortune here. cargo to a large inafter mentioned, were interested in the faid goods and merchandizes fo laden on board the faid fhip, to a great value, that is to fay, to the value of one thousand pounds.

Plaintiffs fay

that W. B. S.B. interested in a

and A. B. were

AND the faid plaintiffs further fay, that at the time of the making of the faid writing or policy of aflurance, and from thence forth until and at the time of the capture and lofs of the faid ship hereinafter mentioned, one W. B. S. B. and A. B. were in- moiety of ship. terested in a moiety of the faid fhip to a large value, to wit, to the value of all the money ever infured for them thereupon, and that the faid insurance fo made as aforefaid, was made by the faid plaintiffs in truft for, and for the ufe and benefit of the faid W. B. &c. viz. at, &c.

FOR the affurance of one hundred pounds, upon the body, Declarations on tackle, apparel, ordnance, munition, artillery, boat, and other infurances. furniture, of and in the faid fhip, in the faid writing or policy of it, Infurance of affurance mentioned, and had, &c. body, tackle, &c. of hip.

FOR the affurance of one hundred pounds, of and upon one 2d, rool. on half or moiety of the faid fhip, in the faid writing or policy of affu- moiety of ship. rance mentioned, and had, &c.

FOR the affurance of two hundred pounds, upon the premifes 3d, 2001. on mentioned in the faid writing or policy of affurance, that is to goods, 100l. on fay, one hundred pounds upon the goods and merchandizes in the faid hip. writing or policy of affurance mentioned, and one hundred pounds upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture of the faid fhip in the faid writing or policy of affurance mentioned, and had, &c.

FOR the affurance of one hundred pounds upon the goods and mer- 4th, 100l. on chandizes in the faid writing or policy of affurance mentioned, and goods. had, &c.

AND the faid plaintiff further faith, that after the faid capture For a rateable of the faid ship, and by reafon and in confequence thereof, the faid part of expence A. B. &c. for whofe benefit the faid affurance made, before the in endeavouring exhibiting of his bill, to wit, twentieth of November in the laft to recover her according to terms year aforefaid, at, &c. did fue, endeavour, and labour to recover of policy.

Dd2

the

Declaration on a

the aforefaid fhip, and in fo doing did neceffarily expend a large fum of money, that is to fay, fix hundred pounds of lawful money of Great Britain; whereby the faid defendant, according to the terms of the faid policy of aflurance, and of his promife and undertaking aforefaid, became liable to pay to, and ought to have paid to the faid plaintiff, for the ufe of the faid A. B. &c. the further fum of one hundred pounds, the faid one hundred pounds being the rateable part or proportion of the expence aforefaid, which the faid defendant ought to have paid and contributed in respect of the infurance aforefaid; whereof the faid defendant afterwards, to wit, on the fame day and year aforefaid, at, &c. had notice.

LONDON, Joachim Famin and Noel Famin complai policy of infu- of George Cawthorne, being in the cuftody, &c. for that whererance on goods as the faid Joachim Farin and Noel Famin, on the thirtieth day en board a fhip which was ta- of May A. D. 1780, at L. aforefaid, to wit, at the parish of S5. ken by the ene- Mary le Bow, in the ward of Cheap, according to the ufage and

mies.

cuftom of merchants from time immemorial there ufed and approved of, caufed to be made a certain writing or policy of infurance, purporting thereby and containing therein, that

as well in

own name, as for and in the name and names of all and every other perfon or perfons to whom the fame might or did appertain in part or in all, did make affurance, and caufe, and them and every of them, to be infured, loft or not loft, at and from Marfeilles to Nantz, warranted to fail on or before the fifth of May 1780, upon any kind of goods and merchandizes whatfoever, loaden or to be loaden on board the good fhip or veffel called the Concorde, Dutch veffel, whereof was mafter, under God, for that prefent voyage, Meynders Fredricks, or whoever elfe fhould go for master in the faid fhip, or by whatsoever other name or names the faid fhip, or the mafler thereof, was or fhould be named or called; beginning the adventure upon the faid goods and merchandizes from and immediately following the loading thereof on board the faid fhip at Marseilles, and fo fhould continue and endure until the faid fhip, with the faid goods and merchandizes whatfoever, fhould be arrived at Nantz; and the fame there fafely landed, and it fhould be lawful for the faid fhip in that voyage to ftop and ftay at any ports or places whatfoever, without prejudice to that infurance; the faid and merchandizes by agreement fhould be valued at I.; touching the adventures and perils which they the affurers were contented to bear, and did take upon them in that voyage, they were of the feas, men of war, fire, enemies, pirates, rovers, thieves, jettizons, letters of mart and countermart, furprifals, takings at fea, arrels, restraints, and detainments of all kings, princes, and people of what nation, condition, or quality foever, barratry of the mafter and mariners, and of all other perils, loffes, and miffortunes that had or fhould come to the hurt, detriment, or damage of the faid goods or merchandizes, or any part thereof.

goods

And

And in cafe of any lofs or misfortune, it fhould be lawful for the affureds, their factors, fervants, and affigns, to fue, labour, and travel for, in and about the defence, and fafeguard, and recovery of the faid goods and merchandizes, or any part thereof, without prejudice to that infurance, to the charges whercof they the affurers would contribute, each one according to the rate and quantity of his fum therein affured. And it was agreed by them the infurers, that that writing or policy of affurance fhould be of as much force and effect as the farelt writing or policy of affurance theretofore made in Lombard-street, or in the Royal Exchange, or elfewhere in London; and fo they the affurers were contented, and did thereby promife and bind themfelves, each one for his own part, their heirs, executors, and goods, to the affureds, their heirs, executors, adminiftraters, and affigns, for the true performance of the premises; confeffing themfelves paid for the confideration due unto them for that affurance by the affured, at and after the rate of twenty-five guincas per cent. In witness whereof they the affurers had fubfcribed their names and

affured in London. And, by the faid writing or policy of affurance, corn, fin, falt, fruit, flour, and feed were warranted free from average, unlefs general, or the fhip fhould be ftranded; fugar, tobacco, hemp, flax, hides, a id fkins were warranted free from average under five pounds per cent. and all other goods all from average under three pounds per cent. unlefs general, or the ship fhould be ftranded, as by the faid writing or policy of affurance, reference being thereunto had, more fully appears; of which faid writing or policy of affurance he the faid George afterwards, to wit, on the faid thirtieth day of May in the faid A. D. 1780, at L. aforefaid, in the parish, &c. aforefaid, had notice. And thereupon afterwards, to wit, on the fame day and year last aforesaid, at, &c. aforefaid, in confideration that the faid Joachim and Noel, at the fpecial inftance and requeít of the faid George, had then and there paid the faid George a large fum of money, to wit, the fum of twentynine pounds eight fhillings, of lawful money of Great Britain, as a premium or reward for the affurance of a large fum of money, to wit, the fum of one hundred and twelve pounds, of like lawful money, of and upon the premifes in the fail writing or policy of affurance contained, and had undertaken and then and there faithfully promifed the faid George to perform and fulfil all things in the faid writing or policy of affurance contained on the part and behalf of the faid affured to be done and performed, he the faid George undertook, and then and there faithfully promised the faid Joachim and Noel, that he the faid George would become an affurer to the faid Joachim and Noel, to wit, for the faid fum of one hundred and twelve pounds, of and upon the faid premifes mentioned in the faid writing or policy of affurance, and that he would perform and fulfil all things in the faid writing or policy of affurance contained on his part and behalf as such affurer, as to the faid one hundred and twelve pounds to be performed and fulfilled, according

1

Dd 3.

1

according to the form and effect of the faid writing or policy of affurance; and the faid George then and there fubfcribed the faid writing or policy of affurance as fuch aflurer, to wit, for the faid fum of one hundred and twelve pounds accordingly, that is to say, at London aforefaid, at the parish and ward aforefaid. And the faid Joachim and Noel do aver, that the faid fhip or veffel, in the faid writing or policy of affurance mentioned, at the time of the failing thereof herein after mentioned, and from thence until and at the time of the lofs thereof, herein also after mentioned, was a Dutch veffel, that is to fay, at L. aforefaid, at the parish, &c. aforefaid x. And the faid Joachim and Noel do aver, that the faid writing or policy of affurance fo by them the faid Joachim and Noel made as aforefaid, was by them fo made in trust for, and for the ufe, risk, benefit, behalf, and account of Mr. Bilmain, and of certain other perfons who carried on trade and commerce in copartnership in foreign parts, under the ftyle and firm of Gaudin, Eniffard, and of certain other perfons carrying on trade and commerce in foreign parts under the flyle and firm of Seurat and Louvel respectively, according to their respective proportions as herein after next mentioned. And the faid Joachim and Noel further fay, that afterwards, to wit, on the thirtieth day of April in the faid A. D. 1780, divers goods and merchandizes of the faid Mr. Bilmain, of great value, to wit, of the value of two hundred and twenty pounds, of like lawful money, and divers other goods of the faid Gaudinand Eniffard, of great value, to wit, of the value of one hundred and fifty pounds, of like lawful money, and divers other goods of the faid Seurat and Louvel, of great value, to wit, of the value of other one hundred and fifty pounds, of like lawful money, were put on board the faid fhip or veffel, being a Dutch veffel as aforefaid, to be carried therein upon the voyage, in the faid writing or policy of affurance mentioned, to wit, at London aforefaid, in the parith, &c. aforefaid +. And the faid Joachim and Noel further fay, that the faid fhip, in the faid writing or policy of affurance mentioned, to wit, at L. aforefaid, in the parish, &c. aforefaid, afterwards, and before the fifth of May in faid A. D. 1780, that is to fay, on faid thirtieth of April in faid A. D. 1780, departed and fet fail from Marfeilles aforefaid for and towards Nantz, in the faid policy of affurance mentioned, with the faid goods and inerchandizes on board thereof; but that the faid fhip did never arrive at Nantz aforefaid in that voyage, but, on the contrary thereof, the faid fhip, failing and proceeding on her faid voyage, with the faid goods and merchandizes on board thereof as aforefaid, after her departure from Marseilles aforefaid, and before her arrival at Nantz aforefaid, viz. on the thirtieth day of May in the year of Our Lord 1780, was, in' and upon the high feas, with force and arms, and in an hoftile manner, attacked, conquered, Taken by ene- taken, and carried away by certain perfons to the faid Joachim and Noel unknown; and the faid thip, and goods and merchandizes on board thereof as aforelaid, were thereby wholly loft to the

mies.

pro