ABANDONMENT-continued.

mode in which abandonment must be made,

but if insurers decline accepting an abandonment, but yet direct
repairs, they are liable, ib.

so if insurer direct insured to do what they conceive best, he is
liable for their acts, ib.

usual answer when insurers do not mean to interfere, ib.

semb. irregularity of notice may be waived by insurer not object-
ing to it, 431

semb. notice of abandonment may be given by one of several per-
sons jointly interested in an insurance, ib.

and that person appointed generally for insurers may receive no-
tice, ib.

or if not, is bound to write home and inform his employers, 432
but agents for Lloyd's have no authority to receive notice of
abandonment, ib.

where insurer accepts notice, both parties are bound by it, ib.
and said that if insurer reject, he must do so within reasonable
time, ib.

effect of abandonment, places insurers in situation of owner, ib.
in a court of equity, if insured, after receiving the amount of a
loss, obtain satisfaction aliunde, the insurers have been held
entitled to that satisfaction, 433

so abandonment of ship to the insurers on ship, conveys to them
the right to the future freight and earnings, ib.

they are not entitled to the previous freight, ib.

but if insured, in abandoning to the insurers on freight, agree to
pay the same to them, the insurer cannot set up the rights of
the insurers on ship, 435, 436

action must be against trustees, when it has been paid them by
consent, ib.

insured cannot then deduct ship's provisions and wages from the
freight to be paid over, 436

to the freight policy belong expense of shipping the cargo, and
of the stay in port for that purpose, ib.

insurance thereon, and wages and provisions of the crew for the
same purpose, ib.

not to the freight policy-charges paid at port of discharge on
ship and cargo, insurance on ship, nor wear and tear of tackle
on voyage home, 437

when total loss paid, but part afterwards recovered, the money
cannot be recovered back by the insurers, ib.

where separate notices given in case of embargo as to ship and
freight, and ship afterwards earns freight, insured cannot reco-
ver for a total loss, 438

ACTION ON THE CASE,

when maintainable, 493

ADJUSTMENT,

how made, 375

similar to note of hand, ib.

prima facie evidence without further proof, ib.

so where insurer dissatisfied afterwards, and asked for further proof,
held that adjustment binding, ib.

but fraud or mistake invalidates, ib.

it cannot be brought forward by surprise, ib.
instance of further proof held necessary, ib.

ADJUSTMENT-continued.

is not binding on the insured if he was under mistake as to the
facts, ib.

is not in any case conclusive, but when made insurer must impeach
it, ib.

he is not bound if he was then uninformed of facts by which he found
that policy was rendered void, 376

he is not precluded from setting up fraud or deviation, &c. ib.
may be either absolute or conditional, ib.

as if adjustment be "on account of subscription until proceeds made
up," the condition must be performed, ib.

insurer liable to insured after an adjustment, and initials of insured
struck when no actual payment to broker, 377

where total loss adjusted and paid, insurer cannot recover back the
money, but is in situation of insured with regard to salvage, ib.
where insurer agreed to adjust and pay 50l. per cent. on account, but
no abandonment made, and foreign consignees obtained a restora-
tion of half, yet insurers held not entitled, insured not having in fact
received more than an indemnity, ib.

after payment of a total loss of freight, subsequent payment to insur-
ed of portion of freight earned may be recovered by insurer deduct-
ing charges of waiting to obtain freight, &c., 378

payment with full knowledge or means of knowing of fact conclu-
sive, ib.

though insurer did not know at the time that the withholding of a
material letter was fatal to the policy, 379

subsequent promise by insured to repay money so paid uncondition-
ally invalid, ib.

aliter if money paid not with knowledge, but only with blind suspicion
of facts of case, ib.

so if paid under mistake of facts, ib.

as where he afterwards discovered that warranty had not been com-
plied with, ib.

so where insured had adjusted upon a supposition that the loss was in
port, which he afterwards found not to be the case, he was not pre-
cluded from recovering, though insurer's name had been struck off,

379

where there is no mistake and the insured received a return of pre-
mium due upon arrival, he cannot afterwards resort to the insurer
in any contingency of the adventure, 380

ADMISSIONS, 477, 478

AGENT.-See INSURANCE BROKER.

ALIEN.-See NEUTRAL.

may be compelled to leave this country, 72
ALIEN ENEMY.-See LICENCE.

insurance by void, 1

instances stated, ib.

reason of the rule, 2

policy effected by trustee, ib.

on British manufacture, ib.

when the war unknown to the parties, ib.

when the action brought on return of peace, ib.

whether the king can seize debt belonging to, 3, 4
ordinance directing seizure of debts illegal, 4
who is alien enemy, ib.

ALIEN ENEMY-continued.

person resident in enemy's country, ib.

what constitutes state of war, 5

declaration of war unnecessary, ib.

country which maintains form of independent government, ib.
licensed persons, 6 to 10

objection of, does not invalidate joint interest, 11

aliter in case of partnership, ib.

ALTERATION

of policy when and how fatal, 113, &c.

See POLICY.

ANTIGUA,

policy at and from, with leave to touch at all or any West India
islands, Jamaica included, how construed, 204

effect of agreement for, 461

ARRESTS OF PRINCES AND PEOPLE,

include embargo or blockade, 233

whether of a hostile nature, or for other purposes of state, ib.
distinguishable from capture, 234

loss by ship's seizure by government, and conversion into fire-ship,

235

though detention unjustifiable, ib.

or insured had a remedy against the aggressors, ib.

so in case of detention by foreign power, where neutral detained for
purpose of search, ib.

sufficient if goods forcibly seized by government officers, though no
sentence of condemnation shown, 236

though seizure in port of loading, ib.

when loss not within the policy, 236

where no seizure by a government, but by a mob, ib.

for that is loss by theft or piracy, ib.

aliter of seizure by a king's ship of war, 237

does not extend to seizure for nonpayment of custom, ib.

except where the policy was effected on a trade in violation of a mere
foreign revenue law, ib.

nor to loss from default of insured himself, ib.

or where crassa negligentia on the part of the insured, 238

nor are insurers liable in such a case, where ship justly seized for
smuggling, for damage after seizure, ib.

nor can insured recover for loss by British seizure, ib.

except so far as accidental and erroneous or temporary, sine culpa
ib.

but there is no objection to recovery for a loss on a British seizure by
mistake, and without fault of insured, ib.

arrest of British ship by mistake, within the policy, 238, 239
when policy on behalf of a foreigner, the acts of his own government
in general excluded, 239

necessary in that case to represent to insurer that insured is a foreign-
er, and is to be protected against the acts of his own government,

ib.

American cannot recover for loss by American seizure, ib.

54

ARRESTS OF PRINCES AND PEOPLE-continued.
but there is nothing illegal in such an assurance, 240
as where Prussians insured against Prussian seizure, ib.
sufficient if intention of parties appear, ib.

a licence from the crown to a foreigner may separate him from acts
of his government for this purpose, ib.

insurers not liable for consequence of expected arrest, ib.

as where ordered off the port, 241

nor for any thing beyond legal damage, ib.

as where neutral state seized a ship when there was no war, and
master re-purchased her for the insured, might have claimed her
for the master, ib.

nor after goods are discharged and safely landed, though afterwards
confiscated by the government, 242

"AT AND FROM,"

how these words construed in policy, 150

AVERAGE,

how far excluded by memorandum, 141, 278

See MEMORANDUM, GENERAL AVERAGE, LOSSES, PARTIAL.

B.

"BACKWARDS AND FORWARDS,"

effect of those words in policy, 168

ship can only touch at a port for a purpose connected with the voy-
age, 206

these words do not preclude the necessity of a loading at the port,
164

insured may claim in case of, although loss had not happened at
time of bankruptcy, 495

insurer may establish set-off, where action brought by assignees of
assured for a loss which happened after the bankruptcy, 496
BARRATRY,

what is, 242

whence derived, ib.

means a fraud, ib.

such as running away with the ship, sinking, destroying it, running
it on shore, ib.

sailing out of port without paying port duties, ib.

deviation, dropping anchor, or delaying the voyage for a criminal
purpose, ib.

as when he deviated for smuggling on his own account, 242, 243
whether the loss happens in course of barratrous deviation or after,

BARRATRY-continued.

so procuring forged papers, and carrying the vessel to a foreign
port, ib.

consent of owner of ship will negative, ib.

but criminal act of master, alleged to have been for owners' benefit,
is, ib.

as where he deviated to cruize for a prize, though he libelled in his
owner's name, 244

so where he went to an enemy's country, ib.

want of private benefit does not disprove, 244

so gross violation of pilot's orders is proof of barratry, 245

sentence of condemnation does not disprove, ib.

though the terms of the policy confine it to "any lawful trade," yet
barratrous smuggling of master is within it, ib.

allegation of fraud sufficient, ib.

barratry in conjunction with prisoners of war, sufficient, 246

what act not barratry, ib.

consent of ship-owner negatives the charge, ib.

and ship-owner may be liable to owner of goods, 247

cannot be barratry when master and owner are the same person, ib.
master not deemed owner unless that proved, ib.

act of freighter in case of chartered ship, not barratry, ib.

so act of general owner does not negative barratry, when freighter is
owner for the time, ib.

words of demise not necessary to make the freighter owner for the
time, 247, 248

though the owner may not have lost his lien, ib.

consent of mortgagor will negative barratry where mortgagee has not
taken possession, 249

connivance with acts of crew, effect of, ib.

need not be shewn negatively that the master was not owner, ib.

act of master not barratry where unadvisedly done, but not crimi-
nal, 249

deviation through ignorance not barratry, 250

nor master's improper treatment not against his better judgment, ib.
mere breach of contract, as deviating from the bill of lading, not
barratry, ib.

as it is a crime, proof must be clear, ib.

loss must happen within the period of the policy, 251

offence of casting away ship, felony, ib.

how alleged, 471

how proved, 489

BILL OF LADING,

interest under sufficient, 38, 39

how proved, 483, 484

BLOCKADE,

what violation of, 70

object of, ib.

prevents ingress and egress, ib.

must be notified, 71

effect of its not being so, ib.

revocation of, should be notified, ib.

loss by, within policy, 233

BOTTOMRY AND RESPONDENTIA,

illegal loan upon, not insurable, 20