said in this case not to be new, or peculiar to this subject. For it has been held in the case of damage done to a ship, that the owner may recover from the underwriters for his own benefit first, and may afterwards sue the author of the damage in his own name for the benefit of the underwriters. 50 *APPENDIX OF FORMS. PART 1. MARINE INSURANCE. Common Form of Policy of Insurance on Ship or Goods. IN THE NAME OF GOD, Amen. A. B. as well in his own name, as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all, doth make assurance, and cause himself, and them, and every of them to be insured, lost, or not lost, at and from upon any kind of goods and merchandizes, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the whereof is master, under God, for this present voyage, E. F., or whoso ever else shall go for master in the said ship, or by whatsoever other name or names the same ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandizes from the loading thereof aboard the said ship, the said ship, &c. upon and so shall continue and endure, during her abode there, upon the said ship, &c. And farther, until the said ship, with all her ordnance, tackle, apparel, &c. and goods and merchandizes whatsoever, shall be arrived at upon the said ship, &c. until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandizes, until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c. in this voyage, to proceed and sail to and touch and stay at any ports and places whatsoever without prejudice to this insurance, the said ship, &c. goods and merchandizes, &c. for so much as concerns the assureds by agreement between the assureds and assurers in this policy are and shall be valued at Touching the adventures and perils which we the assurers are contented to bear, and do take upon us in this voyage, they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality so ever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandizes and ship, &c. or any part thereof. And in case of any loss or misfortune, it shall be lawful to the assureds, their factors, servants, and assigns, to sue, labor, and travel for, in and about the defence, safeguard, and recovery of the said goods and merchandize and ship, &c. or any part thereof, without prejudice to this insurance; to the charges whereof we the assurers will contribute each one according to the rate and quantity of his sum herein assured. And it is agreed by us the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured at and after the rate of In Witness whereof we the assurers have subscribed our names and sums assured in London. 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 And all other goods, also the ship and freight, are warranted free of average under three pounds per cent. unless general, or the ship be stranded. per cent. The Policy of the London Assurance Company is superscribed with the words: London Assurance House. No. No. By the Governor and Company of the London Assurance In London. and in the clause of valuation the words are," for so much as concerns the assureds (by agreement between the assureds and the the London Assurance) are and shall be valued at 7. without further or other account to be given by the assureds for the same. Touching, &c." *The conclusion after the words (or elsewhere in London in the last policy) is as follows:-And so the said London Assurance are contented, and do hereby promise and bind themselves and their successors to the assureds their executors, administrators, and assigns, for the true performance of the premises, confessing themselves paid the consideration due unto them for this assurance by the assured, at and after the rate of In Witness whereof the said London Assurance have caused their common seal to be hereunto affixed, and the sum or sums by them assured to be hereunder written at their office in London this per cent. day of reign, &c. &c. A. Ď. 18 in the year of the Free from all average on corn, flour, fruit, fish, salt, and seeds, except general. Free from average on sugar, rum, hides, skins, hemp, flax, and tobacco, under 5l. per cent. And on all other goods and ship under 31. per cent. except general. The Policy of the Royal Exchange Assurance Company is superscribed with the Name of the Company thus: By the Corporation of the Royal Exchange Assurance: and is very similar to that of the London Assurance. The conclusion is :-And so the said corporation are contented and do hereby promise and bind themselves, and their successors, to the assureds their executors, administrators, and assigns, for the true performance of the premises confessing themselves paid the consideration due unto them for this assurance by at and after the rate of per cent. In Witness whereof, the said corporation have caused their common seal to be hereunto affixed, and the sum or sums by them assured to be hereunder written, at their office in the Royal Exchange of London, this year of the reign of our Sovereign Lord George the Fourth, by the grace, &c. &c. A. D. The said corporation are content with this assurance for day of in the Free from all average on corn, flour, fish, salt, fruit, seed, hides, and tobacco, unless general, or otherwise specially agreed. Free from average on sugar, rum, skins, hemp, and flax, under 51. per cent., and on all other goods, and on ship under 31. per cent. except general. By order of the court of directors. *Common Form of Bottomry Bond. (a) KNOW ALL MEN, &c. Whereas the good ship or vessel called the of the burthen of tons or thereabouts whereof E. F. is master is now about to sail on a voyage to and back. And whereas the said A. B. (the obligee) hath lent unto the said C. D. (the obligor) the sum of i. to enable him to prosecute the said voyage, and hath agreed to stand to and bear the hazard and adventure thereof on the hull or body of the said ship, so as that the period of the said voyage do not exceed calendar months. Now the condition of the above written obligation is such, that if the said (a) See Forms, Wilde's Supplement, 2 vol 94. Abbott on Shipping, 5th ed Appendix. Marshall on Insurance, Appendix. See also a bond that another part-owner shall execute a bill of sale, 2 Wilde, 96, and form of instruments of hypothecation of ship or ship and cargo, 2 Wilde, 544. |