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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 leges 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.

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IN 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 infured is bound to fulfil. Thefe are, that the fhip fhall be feaworthy; that she shall not be changed, unless from neceffity, without the consent of the infurers; and that she shall 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 fhip;

3. Of infurances on goods in "hip or fhips;"

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 subject of marine insurances, as well as upon principles of natural justice, that no loss occafioned by the internal defect of the thing insured, shall fall on the infurer; and therefore, if the fhip be found incapable of performing the voyage infured, 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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No lofs arifing from the inter

thing infured

nal defect of the

can fall upon the infurer.

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