A

TREATISE

ON THE LAW OF

INSURANCE,

IN FOUR BOOKS;

1. OF MARINE INSURANCES,

II. OF BOTTOMRY AND RESPONDENTIA,

III. OF INSURANCE UPON LIVES,

IV. OF INSURANCE AGAINST FIRE.

By SAMUEL MARSHALL,
SERJEANT AT LAW, -

IN TWO VOLUMES.

VOL. II.

Laudo mercatorem, qui fidem, etiam contra leges datam, fervat; fed,
et laudo judicem, qui fraudes et nequitias mercatorum non fovet, et refcindit
pactiones, quas lex refcindi jubet. Judicis eft léges fequi; nec difputare
an turpiter faciat affecurator, qui fidem datam violat,-Efto, turpiter faciat;
fed, et turpiter facit qui contra leges pacifcitur.

Bynk. Quæft. jur. priv. lib. 4. c. 5.

LONDON:

PRINTED BY A. STRAHAN,

LAW-PRINTER TO THE KING'S MOST EXCELLENT MAJESTY,

FOR J. BUTTERWORTH, FLEET-STREET.

1802.

374198

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N every marine infurance the fhip must always be an object of great interest to both parties. From the nature of the contract, there are certain ftipulations or conditions implied in it, relative to the fhip, which the insured is bound to fulfil. These are, that the fhip fhall be feaworthy; that she shall not be changed, unless from neceffity, without the confent of the infurers; and that the fhall be conducted and navigated according to law. These matters which embrace all that it will be neceffary to say on the subject of the fhip, will be confidered under the following

heads:

1. Of the fea-worthiness of the ship;

2. Of changing the ship;

3. Of insurances on goods in "ship or ships ;"

4. Of the conduct of the ship.

Sect. I.

Of the Sea-worthiness of the Ship.

IT is clear, from the authority of all the writers on the fubject of marine insurances, as well as upon principles of natural juftice, that no lofs occafioned by the internal defcct of the thing infured, fhall fall on the infurer; and therefore, if the ship be found incapable of performing the voyage insured, and her inability do not proceed from any accident or misfortune, or from the violence of the winds VOL. II. A 2-A a 6*

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