sibility that the Supreme Court would think it just as illegal to defraud a foreign government by smuggling as by giving commissions on arms purchased for it.

THE POLICY AND ITS PROVISIONS AS TO RISK AND PERILS INSURED AGAINST

30. The written contract of insurance is called a "policy."

The better opinion is that the word "policy" is from the Latin "polliceor" "I promise." The forms of policies. .vary. The most common is the English form, which has been in use for a long time, and the American forms in use in Boston and New York. These vary materially in their general provisions, and, of course, the stipulations in them are varied to suit the special circumstances.

The English form will be found in appendix No. 1 of Park on Insurance. It has been frequently criticised by the courts as ambiguous and inartificial, but its various provisions have now been so generally construed that it is well understood.80

A good example of the American form will be found in SUN MUT. INS. CO. v. OCEAN INS. CO.81 This was a reinsurance policy on goods, but the important clauses commonly in use will be found embodied in it.

Of the Beginning and End of the Risk

The clause in the English form bearing upon this is worded as follows: "Beginning the adventure upon the said goods and merchandise from the loading thereof aboard the said ship * * * upon the said ship," etc., "and so shall continue and endure during her abode there, upon the said ship," etc. "And, further, until the said ship, with all her ordnance, tackle, apparel," etc., "and goods and mer

§ 30. 80 The common or "stem" form of the English Lloyds is given in full in Gow on Marine Insurance, 29.

81 107 U. S. 485, 1 Sup. Ct. 582, 27 L. Ed. 337.

chandise whatsoever shall be arrived at

upon the said ship," etc., "until she hath moored at anchor twentyfour hours, in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed."

The American policy above referred to expresses all this more simply, as follows: "Beginning the adventure upon the said goods and merchandise from and immediately following the loading thereof on board of the said vessel at aforesaid, and so shall continue and endure until the said goods and merchandise shall be safely landed at aforesaid."

In filling up the blank indicating the voyage, the initial point is frequently described as "at and from

to

." The meaning of these words varies according to circumstances. They cover injuries received in the initial port in the ordinary course of preparing for the voyage, provided the delay is not unreasonable. For instance, the LISCARD was a case of insurance on a cargo of wheat "at and from New York," and bound for Lisbon. After the

82

loading of the vessel, the signing of her bills of lading, and other preparations to leave port, the vessel cast off her lines for the purpose of starting, but, on account of some trifling derangement of her engines, again made fast to her wharf. While lying there she was run into by a barge. She was surveyed, pronounced seaworthy, and started, meeting very heavy weather, which caused water to damage the wheat. The court held that the policy had attached at the time of this collision.

In Haughton v. Empire Marine Ins. Co.83 a vessel while

82 (D. C.) 56 Fed. 44; London Assurance v. Companhia De Moagens Do Barreiro, 15 C. C. A. 379, 68 Fed. 247; Id., 167 U. S. 149, 17 Sup. Ct. 785, 42 L. Ed. 113. As to the meaning of “breaking ground,” see 1 Pars. Mar. Ins. 357 et seq.; 2 Pars. Mar. Ins. 48, 49. In the Gracie D. Chambers, 253 Fed. 182, 184, 165 C. C. A. 82, Judge Ward says that a ship had broken ground "if she had sailed a mile."

83 L. R. 1 Ex. 206.

at sea was insured "lost or not lost, at and from Havana to Greenock." In entering the harbor of Havana she grounded, and received damage. The court held that under such circumstances the words were used in a geographical sense, the ship being in the geographical limits of the harbor of Havana in the sense of the policy, and that, therefore, the policy had attached. In this case the injury was received from the anchor of another ship in the harbor after her arrival within its limits.

84

Seamans v. Loring was a decision of Mr. Justice Story. In reference to the meaning of these words he says: "The next question is, at what time, if ever, did the policy attach? The insurance is 'at and from,' etc. What is the true construction of these words in policies must, in some measure, depend upon the state of things and the situation of the parties at the time of underwriting the policy. If at that time the vessel is abroad in a foreign port, or expected to arrive at such port in the course of the voyage, the policy, by the word 'at,' will attach upon the vessel and cargo from the time of her arrival at such port. If, on the other hand, the vessel has been at no time in such port without reference to any particular voyage, the policy will attach only from the time that preparations are begun to be made with reference to the voyage insured." In this case there was an unreasonable delay in sailing, and he instructed the jury that such an unreasonable and unnecessary delay prevented the policy from attaching during this preparation, and that the policy did not attach until the vessel began her preparations for the voyage insured.

As to the question when the voyage terminates, the courts have held that it lasts, under the language of the policy, until she has been moored twenty-four hours in good safety, and that a vessel which arrives as a wreck incapable of repair, and is lost in the port of final destination under such circumstances, even after being moored, has never

841 Mason, 127, Fed. Cas. No. 12,583.

arrived "in good safety," in the meaning of this clause, and that, therefore, the underwriters are liable.85

An interesting case on the meaning of these words "in good safety" is LIDGETT v. SECRETAN.86 There the ship Charlemagne insured from London to Calcutta, with this clause in the policy, sustained considerable damage at sea, so as to require constant pumping, but still not so serious as to make her an absolute wreck. She arrived at Calcutta in this condition on October 28, 1866. After unloading she was taken on November 12th to a dry dock for survey and repairs, and was destroyed by accidental fire on December 5th. The court held that, as she had arrived, and been moored for twenty-four hours in good safety as a ship, and not as a mere wreck, the risk had terminated, and the underwriters were liable for the loss incurred before entering the port, but not for the fire which had happened after such anchoring.

The anchoring must be at the place of final discharge. Coming to anchor in port with the intention of entering the dock afterwards is not a final mooring in the sense of this clause.87

The Perils Insured Against

The ordinary language in an English policy enumerating the perils is as follows: "Touching the adventures and perils which we, the assurers, are content to bear, and do take upon us in this voyage, they are of the seas, men-ofwar, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, reprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and peo

85 Shawe v. Felton, 2 East, 109. See, also, as to the termination of the voyage or risk, Alaska Banking & Safe Deposit Co. v. Maritime Ins. Co. (D. C.) 156 Fed. 710; Cornfoot v. Assurance Corp., [1903] 2 K. B. 363.

86 L. R. 5 C. P. 190.

87 Samuel v. Assurance Co., 8 B. & C. (15 E. C. L. 66) 119, 118 Reprint, 987.

ple of what nation, quality, or condition soever, barratry of the masters and mariners, and all other perils, losses, or misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship." The "restraint of princes" clause refers to acts of state or acts authorized by the sovereign authority.88 It does not cover losses caused by riots.89

SAME PERILS OF THE SEAS

31. "Perils of the seas" mean all losses or damage which arise from the extraordinary action of the wind and sea, or from extraordinary causes external to the ship, and originating on navigable waters.

The phrase does not cover ordinary wear and tear, nor does it cover rough weather or cross seas. There must be something extraordinary connected with it." Under this principle the Supreme Court has held that injury to a vessel from worms in the Pacific, if an ordinary occurrence in that locality, is not included in the phrase."1

On the other hand, injuries received from accidentally striking the river bank in landing, in consequence of which the vessel sank, are included in the term.92

It also covers a loss caused by a jettison of part of the cargo.93

94

In Potter v. Suffolk Ins. Co., Mr. Justice Story held that injury caused to a ship by striking on some hard sub

88 Miller v. Insurance Co., [1902] 2 K. B. 694; [1903] 1 K. B. 712; Robinson G. M. Co. v. Ins. Co., [1904] A. C. 359.

89 Nesbitt v. Lushington, 4 T. R. 783, 100 Eng. Reprint, 1300. § 31. 90 Gulnare (C. C.) 42 Fed. 861.

91 Hazard v. New England M. Ins. Co., 8 Pet. 557, 8 L. Ed. 1043.

92 Seaman v. Enterprise Fire & Marine Ins. Co. (C. C.) 21 Fed. 778.

93 Lawrence v. Minturn, 17 How. 100, 15 L. Ed. 58.

94 2 Sumn. 197, Fed. Cas. No. 11,339. See, also, Wells v. Hopwood, 3 B. & Ad. 20, 110 Eng. Reprint, 8.