RISKS COVERED BY POLICY- Continued.

so if caused by wilful act of master, unless it is barratry, 225.
whether such act is barratrous, 225.

C. For what effects of collision insurers are answerable, 225–230.
for damage from, without fault or with mutual fault, 226.
deducting one third new for old, 226.

loss by fault of vessel injuring, 226.

insurers subrogated to rights of insured, 226.

loss by her own fault, 226.

whether for compensation to a third vessel by the same collision, 226.
conflicting decisions, 226-229.

proximate cause to be regarded, 212, n. 1, 225, 227, 228, n. 1, 260.

this now usually provided for in policy, 230.

IV. LOSSES FROM FIRE, 231-235.

not a peril of the sea, 231.

but always specifically insured against, 231.

insurers not liable, if caused by an inherent defect of subject, 231.

liable if ship is burned by authorities through fear of contagion, 231.

and if burned by master to prevent capture, 231.

whether, in such case, if loss by capture is excepted, 231, n. 4.

not liable for extraordinary effect of ordinary fire, without ignition, 232.

but liable for ordinary effects of extraordinary fire, 232.

not liable for damage by lightning without ignition, 233, n.'

nor by explosion of boiler, 233, n.

explosion by gunpowder, a loss by fire, 233, n.

insurers how far liable, for expenses in arresting fire, 233.

and for injuries sustained for such endeavors, 234.

risk does not cease on ship and furniture if part is taken on shore, in usual

course of events, 235.

this not applicable to cargo landed for barter, 235.

V. Loss BY PIRATES, ROBBERS, OR THIEVES, 236-238.

insurers usually liable for loss by acts amounting to piracy and robbery, 236.

even if committed by crew, 236.

provided due care is used to prevent, 236.

but violence necessary, 237.

whether loss by theft without violence is within clause as to, 237.

insurers liable for loss by larceny, in insurance against theft, 237.

"assailing thieves" covers only theft, from without, with violence, 238.

VI. Loss BY BARRATRY, 239-246.

dispute as to meaning, 211, 212, n. 1, 239.

any wrongful act of master, officers, or crew, against owner, 239.

any one having interest in ship, cargo, or freight, may insure against, 239.

act must be wrongful, and wrongfully intended, 239.

intent adverse to owner, not necessary, 239.

violation of law by master, without instruction, believing it for owner's ad-
vantage, 240.

but not if an act is done for his benefit through mistaken idea, 240.

if master unnecessarily undergoes extraordinary peril, 240.

so if act is done by master for his own benefit, 240.

gross negligence alone may be, 240.

mere non-feasance may be, 241, n. 1.

applies to carriers by land, 241.

RISKS COVERED BY POLICY-Continued.

smuggling, resisting search, rescuing vessel, 241, n.

neglect to pay port duties before sailing, 241, n. 1.

exception of, or warranty against, in policy, means that insured shall make no
claim because of it, 242.

deviation may, or may not be, 242.

barratrous deviation operates as barratry, not as deviation, 240, n. 3, 242.

warranty of neutrality, or stipulation against illicit trade, does not cover
seizure occasioned by barratry, 242.

act must be done without owner's assent, 242.

or that of quasi owners, 242.

default of owners equivalent to their assent, 243.

if master is sole owner, he cannot commit, against other parties in interest,

243.

but if part-owner, he may, against other part-owners, 243.
burden on insurer to prove the owner master, 243.

master having equitable title to ship cannot commit, 243.

but fraudulent title will not prevent, 243.

master cannot commit, except as master, 244.

consent of charterer to act of master, will not prevent, 244.

and so consent of owner to act of master, if charterer sails ship, but owner
appoints master, 244.

many policies provide against, if insured is owner of ship, 244.

this limits insurance against, to loss to cargo shipped by others than owner, 245.
and does not cover loss by barratry of master, if charterer hire the whole
ship, insuring interest in freight, 245.

necessary for owner and master to guard diligently against misconduct of
crew, 245.

if so guarded against, insurers liable, 245.

includes larceny and embezzlement, but not petty thefts, 246.

VII. Loss BY CAPTURE, ARREST, DETENTION, OR RESTRAINT, 246–251.
"against captures at sea, arrests, restraints, detentions of kings, princes, and
people," 246.

covers all, by public enemies, belligerents, or government of insured; if not
for breach of law, 246.

"people," meaning of, 247.

"capture" and "seizure," 247.

"arrest" and "detention," 247.

whether master has right to abandon, on receiving notice of blockade of port

of destination, 248, n. 1.

insurers not liable if seizure is caused by unlawful acts of master, 249.
otherwise, if master had the right, and acted in good faith, 250.

though the seizure might have been avoided, 250.

where the legality of seizure depends upon right to exercise jurisdiction, 250.
insurers not liable for detention by suit by government against master, 250.

VIII. GENERAL CLAUSE RESPECTING OTHER PERILS, 252, 253.

enlarges scope of policy but little, 252.

means other perils similar to those enumerated, 220, 252.

whether "against all risks covers every thing but fraud of insured, 253.
IX. EXCEPTED RISKS AND LOSSES, 254-264.

that of prohibited trade most usual, 254.

RISKS COVERED BY POLICY - Continued.

this not the same as contraband, 254.

meaning of illicit trade, 254.

insurers not liable therefor, if excepted, 254, 255.

exception relates only to property in same policy, 254.

not to other goods in same ship, 254.

insurers not liable for attempt at such trade, not effected, but followed by seiz-
ure, 255.

but seizure must be justifiable for endeavor to do the thing excepted, 255.

liable for seizure for alleged violation, not justified in fact, 255.

same principle applies to exception of breach of blockade, 256.

actual seizure necessary, 256.

seizure and illicit trade must concur, 257, n.

illicit trade not proved by mere fact of seizure, 257, n.

where insurers do not assume risk while vessel is at port of discharge, 257.
what "port of discharge" means, 258, n. 1.

where mingled with those insured against, 258–261.

principal cause of loss to be considered, 258.

if fire is insured against, and theft not, insurers not liable for theft
after removal of goods from fire, 259.

proximate cause to be considered, 212, n. 1, 225, 227, 228, n. 1, 260.
insurer has nothing to do with results consequent upon protraction of
Voyage, 261.

liable for all direct results from perils insured against, 261.
exceptions construed according to intent of parties, 264.

so as to effect, not to defeat, it, 262.

"free from mortality" excludes violent death, 262.

"French risks" means loss by Frenchmen, 262, n. 1.

as to bottomry and respondentia interests, 80, 263.

insurable interest therein commensurate with value of property, 263.

no policy enures to benefit of party who cannot be legally insured, 4, 264.
nor attaches to subject-matter which is illegal, 264.

X. MEMORANDUM, 264-274.

A. Articles enumerated in, 264-266.

those especially liable to damage, 264, 266.

in England usually in note, 264.

in America, in body of policy, 264.

vary in different States, 264.

See Total Loss, 334-422.

where names are ambiguous, 265, 266.
meaning of "corn," 265.

of "furs," "skins," "hides," 265.
"salt," "roots," and "fruit," 266.

B. Clause respecting stranding, 266–271.
reason for introducing, 266.

original intention of, 267.

but a different meaning adopted, 267.

means goods to be free, etc., unless ship is stranded, 267.

insurers liable for partial loss, if there once is a stranding, 267.

reason for such construction, 267.

and though a partial loss happens at different time and place, from

different cause, 268.

RISKS COVERED BY POLICY- Continued.

whether construction in America is the same, 268.
no "stranding" except of ship itself, 269.
"stranding" originally used in sense of wrecked, 269.
now sufficient if vessel is literally stranded, 269.
motion of vessel must cease, 269.

ship stranded, if resting on artificial structure, 269.

ship forced ashore by collision, not stranded, 270.

nor if she takes ground in harbor by effect of tides merely, 270.

otherwise, if extraordinary circumstances mingle with natural events,

270.

where vessel is stranded voluntarily, 271.

meaning of "bilging," 271.

C. Clause limiting liability of insurers, 271–274.
purpose similar to that of stranding, 272.
reasons for introducing, 272.

whether successive losses may be added to make up required percentage,

272.

distinction as to ship and cargo, 272, n. 1.

if different articles are insured in same policy, under one valuation, free
from average under a certain per cent., loss equal to percentage on
whole valuation necessary, 272.

otherwise, if articles are separately valued, 273.

if packages are separately valued, insurers liable only for those totally
lost, 273.

otherwise not, 273, 344.

whether rule is same in America, 274.

how such average should be adjusted, 274.

ROADSTEAD, 328.

ROBBERS, loss by. See Risk, 236–238.

"ROOTS," meaning of, 266.

ROTTEN CLAUSE, 130, 481.

RULE of 1756, 110, n. 1.

fifty per cent. 350-354.

of practice. See Appendix, 751.

S.

"SAFETY," meaning of, 326.

SAILING, warranty of time of. See Warranty, 124-129.
SALE BY ORDER OF ADMIRALTY, 643-648.

usually to satisfy bottomry and respondentia claims, 643.
also in suits in rem for wages and repairs, 643.

conveys property free from prior incumbrances, 370, 643.

no warranty express or implied therein, 643.

sale under State statutes in good faith, gives title sustained by admiralty,

643.

even if fraudulent, if to innocent purchaser without notice, 643.

and effect same as in sale in admiralty, 644.

lien existing only by State law cannot afterwards be enforced against vessel,
644.

of great value in insurance and loss, 645.

and in necessity of repair to justify loan on bottomry, 645.

and in petition of master for sale, 645.

not evidence except in peculiar circumstances, 646.

reasons for calling, to be set forth, 646.

to be called by one having authority, 646.

surveyors should be skilful, 646.

examination to be made thoroughly, 646.

all steps taken, conclusions, reasons, and facts, to be stated in, 646.
Petition of part-owners for, against will of others, 646–648.

denied in England, 646, 647.

power to sell affirmed in America, 647.

but cases conflicting, 647.

whether it can be set aside, 648.

"SALT," meaning of, 266.

"" SALTPETRE," meaning of, 266.

SALVAGE, 595-638.

I. General principles of, 595–598.

eminently a subject of admiralty jurisdiction, 595.

at law, salvor must prove contract with owner of property, 595.
meaning of, 595.

in insurance, means property saved, 595.

in admiralty, compensation, 595.

interest of co-salvors, several, 595.

and payment to one is not payment to another, 595.

seamen may sue in rem, if master settled without their consent, 596.
different parts of ship or cargo never given to different salvors, 596.

but portions of value of whole property saved, 596.

salvor in possession has qualified property, 596.

not necessary for him to remain in actual possession, 596.

nor can he be divested of his interest, 596.

until, taken from him by decision of court, 596.

owner does not lose right of property, 596.

master may relieve property from lien of salvors, by payment of claim, 596.

and may use reasonable discretion therein, 596.

salvors' rights and convenience to be respected, 596.

otherwise, salvors entitled to determine course of ship, 596.

power of salvors over vessel, 597.

all may join in one libel, 597.

if different libels are filed unnecessarily, costs not chargeable to proceeds, 597.

libels separate, if rights of parties are adverse, 597.

claim of ship-owners for freight, to be made by separate libel, 597.

so for general average, 597.

whole case taken up by appeal, 598.

appellate court unwilling to vary decree of lower court if question is only of

amount or proportion, 598.