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through sickness and another is appointed in his place, the validity of the insurance is not compromised by the change.

A mistake in the ship's name, however innocently made, will vitiate the policy if it materially mislead the underwriter as to the character of the risk, but otherwise not.1

Sometimes, especially in insuring consignments from abroad, the ship is not named, the goods being insured per ship or ships. The usual course in such cases is to "declare" the interest by an indorsement on the policy as soon as the ship they are to come by is known.2

Declarations made on the policy are always subject to rectification in case it shall subsequently appear that the advices have come forward, and that the declarations in fact have therefore been made in an order different from that of the actual shipment of the goods. The shipments declare themselves, so to speak, and take rank under the policy in the order in which they occur; so that the declaration written on the policy is merely provisional, and must be set right in case of need.3

$206. Commencement of the Risk.-Beginning the adventure upon the said goods and merchandises from and immediately following the loading thereof, etc.

Goods are not insured under the general form of policy until they are loaded aboard the ship. If, therefore, the merchant desires to cover the risk in boats or lighters from the shore to the ship, he should insert the clause, "to include all risk of craft whilst loading."

If property in the goods does not pass to the insured until a certain point in the process of shipment, the policy will not attach until that point is reached; as, for example, where, by the terms of a contract for the purchase of a cargo of rice, no interest in the rice passed to the buyers until the shipment of the cargo was completed, it was held that the latter had no insurable interest in the cargo while in course of shipment. If it is to cover goods shipped at some place other

1 Ionides v. Pacific F. & M. Ins. Co., L. R., 6 Q. B. 674.

2 Snowden v. Guion, 101 N. Y.

458.

3

Stephens v. Australasian Ins. Co., L. R., 8 C. P. 18.

Anderson v. Morice, 3 Asp. Mar. L. C. 291.

than the port of departure, that intention ought clearly to appear by the terms used.

§ 207. Termination of the Risk.- Until the ship hath moored anchor twenty-four hours in good safety, until the goods and merchandises shall be safely landed.

Between the termini designated the policy protects the goods during the whole time, not on ship-board merely, but while they are in the warehouse at an intermediate port, always supposing that they are put there legitimately, as from some enforced necessity, or because a landing and transshipment falls within the regular course of the voyage insured.1 The ship continues protected at port before the voyage is com pleted, during all time properly taken in discharging cargo, effecting needful repairs, or otherwise making ready for the voyage. The policy likewise covers all delay occasioned by accidental causes during these operations, such as being frozen in for the winter, or the like.3

It is important to understand clearly what is meant by mooring in good safety, after which the ship is no longer covered by the policy. In the first place, these words presuppose the arrival of the vessel at the terminal point of the voyage, which is, in the case of a cargo-laden ship, the usual place of discharge; and, secondly, they provide that she shall have been securely anchored at that spot for the period described.

The term "good safety" does not mean absolute immunity. from danger, for that would be a condition impossible of attainment at any stage of a marine adventure, but such a measure of security as will suffice to enable the vessel to discharge her cargo and accomplish the other ordinary purposes of a stay in port. Two kinds of security are included in the term "good safety;" namely, physical and political safety. Good physical safety means not the safety of the moorings, but of the ship; not absolute freedom from damage, for then the loss of a rope or sail or spar would prevent the vessel from being considered in safety but, on the other hand, she must not be in a sink

1 Harrison v. Ellis, 7 E. & B. 465. 2 Phillips v. Irving, 7 M. & G. 328. 'Brown v. St. Nich. Ins. Co., 61 N. Y. 332.

'Leeds v. Mechanics Ins. Co., 8 N. Y. 351.

Samuel v. Royal Exchange Assur. Co., 8 B. & C. 119.

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ing condition, as was the case with a vessel which arrived at her port of destination a complete wreck, and after being kept afloat for a few days, lashed to a hulk, sank in the harbor.1 Good political safety means immunity from capture or arrest; thus a British vessel, which the day after her arrival at a French port was laid under an embargo then existing against all British ships, was held to have never moored at anchor twenty-four hours in good safety.?

A cargo-laden ship must be moored at her usual place of discharge before the twenty-four hours will commence to run, and accordingly in the case of a vessel which arrived at her moorings in the Thames, but the same day was ordered into quarantine, and was subsequently destroyed by fire before obtaining her release, it was held that the policy was still running at the time of loss because the vessel had not been moored at anchor twenty-four hours in good safety.3

Though it is necessary that a vessel should have arrived at her place of discharge, it is not necessary that the discharge should have actually commenced; for if the vessel has arrived at her moorings and remained there the specified period, awaiting her turn to unload, the risk is off. Policies on outward bound vessels are sometimes so framed as to continue in force for thirty days after arrival at port of destination.*

With regard to time policies, the precise date of commencement and termination is named in the policy. The day, unless otherwise expressed, begins and ends at midnight.

The risk on cargo continues until the goods have been deposited upon the wharf or their customary place of discharge. It then ceases, for the underwriter is not liable for loss arising from theft, fire, or any other perils to which the goods may be subjected while lying on the wharf or in dock, unless an express clause to that effect has been inserted in the policy. In order that the policy may continue to protect the goods while in course of landing, they must be taken from the ship to the shore in the mode which is usual in the trade at the port where the discharge takes place. If it is customary in the trade to convey goods from the ship to the shore in lighters, launches,

1 Shawe v. Felton, 2 East, 109.

2 Minett v. Anderson, Peake's R. 211.

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190.

Waples v. Eames, 2 Str. 1243.
Lidgett v. Secretan, L. R., 5 C. P.

or other small craft, they are protected by the policy during such transport.' If, however, the assured depart from the usual course of trade by taking charge of the goods at an earlier period than they would have been delivered to him under ordinary circumstances, the underwriters will be discharged from responsibility.2

The policy only covers goods while they are at the risk of the assured; and consequently, if cargo be sold afloat, without an assignment of the policy, and the buyers take delivery of the cargo in lighters sent alongside, the risk of lighterage from ship to shore will not be covered, as the underwriters' risk would, under such circumstances, cease on delivery.3

Cargo should be landed within a reasonable time after the ship's arrival; otherwise it will cease to be covered by the policy. What is a reasonable time in any particular case depends upon the usages of the trade.

When goods are insured by vessel bound to several ports in succession, the risk ends at the final port of discharge named in the policy. But the insurance may be prolonged by the addition of the words "the risk to continue until arrival of the goods at a market at their final port of discharge."

994

The underwriters' risk upon the bill of lading freight may be considered coincident with the risk on goods, since it does not commence until the cargo is shipped, and then only applies to such portion of it as may be actually on board, unless cargo has been contracted for under a valid agreement, and is lying in readiness to be placed on board, the ship also being ready to receive it. The termination of the risk on cargo and freight respectively is in general simultaneous. For concurrently with the landing of the goods in safety the ship-owner earns the freight upon them, and the risk of the underwriter on freight is proportionately reduced; so that, in the event of the ship being lost after a part of her cargo has been discharged, the loss on the freight policy will be limited to the freight on the cargo remaining on board. In the case of chartered freight, however—that is, money payable for hire of a ship under a Matthie v. Potts, 3 Bos. & P. Archangel M. Ins. Co., L. R., 10 Q. B. 249.

23.

2 Sparrow v. Caruthers, 2 Str. 1236. 'North of England P. O. C. Co. v.

Richardson v. London Assurance Co., 4 Camp. 94.

charter party-the risk commences as soon as there is an inception of performance under the charter party (i. e., when the owner or hirer has incurred expenses and taken steps toward earning freight) irrespective of the question whether any cargo has been placed on board or is in readiness to be so placed, and continues until the vessel has performed her contract. But the words "from the loading thereof" in a freight policy exclude the goods not actually loaded, and also the freight for them.1

§ 208. Touch and Stay.-And it shall be lawful for said vessel in her voyage to proceed and sail to, touch and stay at, any ports or places if thereunto obliged by stress of weather, etc., without prejudice to this insurance.

The words "if obliged by stress of weather, etc.," practically nullify the important privilege which would otherwise be extended to the insured by this clause. If such a privilege is given to touch and stay at any ports or at certain ports named, it is understood in the case of a voyage policy that the ports visited must lie within the ordinary track of the voyage, and that they must be visited for some purpose connected with the object of the adventure.2

Where steamers or sailing vessels of a particular line or in a particular trade habitually follow a specific route or call at certain ports, the usage so to do will be tacitly incorporated in a policy in the ordinary form without the addition of any special clause.

1 Jones v. Neptune Marine Ins. Co., Bragg v. Anderson, 4 Taunt. 229. L. R., 7 Q. B. 702. Williams v. Shee, 3 Camp. 469.

Lavabre v. Wilson, 1 Dougl. 284.

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