Class III.] Insurance. tion the money not laid out shall bear to the whole money lent, notwithstanding the ship and merchandizes be totally lost.. No. V. c. 37. 19 Geo. II. VI. And be it further enacted by the authority aforesaid, That in all actions or suits brought or commenced after the said first day of August by the assured upon any policy of assurance, the plaintiff in such action or suit, or his attorney or agent, shall within fifteen days after he or they In all Actions shall be required so to do in writing by the defendant, or his attorney or Plaintiff to deagent, declare in writing what sum or sums he hath assured or caused to clare within be assured in the whole, and what sums he hath borrowed at respondentia fifteen days or bottom-ree for the voyage or any part of the voyage in question in such what Sums he suit or action. tur. bear Company, who repudiated the consignment, whereupon plaintiffs effected the insurance with out any order to do so, and immediately wrote to advise Lund thereof, who returned an answer, expressing his approbation; and it was ruled, that this was a sufficient agency, and also that it satisfied the description of the plaintiffs as persons receiving the order to insure within Stat. 28 Geo. III.; and per Buller, J.-" It is agreed, that a general agent has a right to exercise his discretion for the benefit of his principal, he must act upon the spur of the occasion, and if nothing else had passed, have doubts whether the consignor would not have been liable to pay the premiums. But the plaintiffs take the opportunity to inform the consignor of their having made their insurance, and he highly approves of their acts, which bring the case within the maxim that omnis ratihabitio mandato æquiparaIn the second case of Lucena v. Crawfurd, 1 Taunt. 325, a letter to the Dutch Commissioners from the Secretary of the Treasury, by order of the Board, on the same day on which the insurance was effected, intimating their opinion that it would be prudent to insure, and desiring them to take the necessary steps accordingly, was contended not to be sufficient to shew an authority to make the insurance in the name or on the behalf of the Crown, or as a ratification of such insurance; but the judgment for the original plaintiffs (the defendants in error) was affirmed without calling upon them to answer the objections. In Stirling v. Vaughan, 11 East. 619, (decide upon another point already mentioned,) upon its being said, that the insurance made by the direction of the captors for the benefit of all concerned, might be considered as made under an implied authority to insure for the Crown. Lord Ellenborough said, "The law will presume, if nothing appear to the contrary, that every person accepts that which is for their benefit. And here it is for the benefit of the Crown to preserve the prize, if it were only for the purpose of securing to the captors the reward which its bounty provided for them in the event of condemnation. Upon a second case of Routh v. Thompson, respecting Danish vessels seized by virtue of an Order of Council, the prize agent having directed an insurance directing the plaintiff to do the best for the concerned, it having been ruled, that the Crown had an insurable interest in the subject, it was further held, that an Order of Council, subsequent to the loss, adopting and approving of hath assured. the insurance, and authorizing the assured to sue for his Majesty's use, was sufficient to entitle the plaintiff to recover-13 East. 274. In Hagedorn v. Oliverson, 2 M. & S. 485, the plaintiff who was employed to obtain a license for a ship to proceed with a cargo from certain limits to Great Britain, effected, without any directions, an insurance on the ship on behalf of all such persons to whom the same might belong. The only evidence of a recognition of his authority to make such insurance was a letter from the owner two years after the loss, expressing a hope that he had settled with the underwriters, and this was held sufficient. Lord Ellenborough said, that the plaintiff had a right to effect an insurance on the chance of its being adopted for the benefit of all those to whom it might appertain, which are the words of the policy. He might insure for those who were actually interested, and possibly for those who The owner was interested, might be interested. He had and might become privy to the benefit of the effect. It is settled that a valued policy is not objectionable, although the value stipulated may exceed the amount of actual interest, provided the valuation is not a mere cover for a wager, as (to use the expression of Lord Mansfield) if a person who insures for £2000 has interest only to the value of a cable-see the subject fully discussed in Lewis v. Rucker, 2 Bur. 1171. The valuation does not raise a mere presumption which may be repelled by evidence, but the insurers are liable for the full amount in a case not amounting to a colourable wager, although they may over_valuation,-see Le Pypre v. prove an Fazor, in Dom. Proc. 253,-M'Nayr v. Coulter, id. 255. No interest can be averred in a ship contrary to the provisions of the Register Acts-See Camden v. Anderson, 5 T. R. 509; but the Register alone is not sufficient proof of property or interest-Pirie v. Anderson, 4 Taunt. 652. An averment that two parties were interested is not disproved by evidence that previous to the insurance they had admitted a third-Page v. Fry, 2 B. & P. 40. But an averment that the policy was made for une joint owner, and that No. V. 19 Geo. Il. c. 37. Persons sued on Policies of Assurance to bring the Money into Court; Plaintiff not accepting it, and Jury not assess ing greater Damages, to pay Costs. Limitations of this Act. VII. And whereas it is unreasonable that any person or persons body or bodies corporate subscribing sealing or otherwise executing any policy or policies of assurance should be put to any costs charges or expences ' in any suit or action at law to be brought on such policy or policies in 'case such person or persons body or bodies corporate is or are ready and 'willing to pay such damages and costs as shall and inay be really and bona fide due thereon, which at present they are liable to and often 'forced unjustly to bear, for that in many cases upon such policies no money can be brought into Court:' For remedy whereof, be it enacted by the authority aforesaid, That from and after the said first day of August it shall and may be lawful for any person or persons body or bodies corporate, sued in any action or actions of debt covenant or any other action or actions on any policy or policies of assurance, to bring into Court any sum or sunis of money; and if any such plaintiff or plaintiffs shall refuse to accept such sum or sums of money.so brought into Court as aforesaid, with costs to be taxed in full discharge of such action or actions, and shall afterwards proceed to trial in such action or actions, and the jury shall not assess damages to such plaintiff or plaintiffs exceeding the sum or sums of money so brought into Court, such plaintiff or plaintiffs in every such case and cases shall pay to such defendant or defendants in every such action and actions, costs to be taxed; any law custon or usage to the contrary notwithstanding. VIII. Provided always, and it is hereby declared, That this Act shall not extend to or be in force against any persons residing in any parts or places in Europe out of his Majesty's dominions for whose account any assurance or assurances shall be made before the twenty-ninth day of September in the year of our Lord one thousand seven hundred and fortysix, nor extend to or be in force against any persons residing in any parts or places in Turkey or in Asia Africa or America, for whose account any assurance or assurances shall be made before the twenty-fifth day of March in the year of our Lord one thousand seven hundred and forty-seven; any thing herein contained to the contrary thereof in anywise notwithstanding. he was interested in the subject insured, cannot be sustained, if it appear that the policy was effected on the joint account of himself and the other owner-Ball v. Ansley, 16 E. 141. In the first case of Routh v. Thompson, above stated, 11 E. 428, the Court, after deciding that the captors of a Danish ship, brought in under an Order of Council, had no insurable interest, held, that as there was no fraud in the captors in effecting the policy, as there was no illegality in the voyage or insurance, and as the resistance of the underwriters to the claims on the policy proceeded upon the ground that there was no risk, the plaintiff was intitled to a return of his premium. As to return of premium on mere wager policies, see Lowry v. Bourdieu, Doug. 468. (4.) This extends to re-assurance on foreign ships. The person effecting the re-assurance is not intitled to a return of premium, the insurer having succeeded in resisting the payments of a loss on account of the illegality of the contractAudice v. Fletcher, 2 T. R. 161. A re-assurance differs from a double assurance, the former being effected by the insurer to transfer his responsibility, the latter by the assured to increase his security. 14 Geo. III. c. 48. [No. VI. ] 14 George III. c. 48.-An Act for regulating Insurances upon Lives, and for prohibiting all such Insurances, except in Cases where the Persons insuring shall have an Interest in the Life or Death of the Persons insured. WHEREAS it hath been found by experience that the making insu rances on lives or other events wherein the assured shall have no interest, hath introduced a mischievous kind of gaming:' For remedy whereof be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in the present Parliament assembled, and by the authority of the same, That from and after the passing of this Act no insurance shall be having no Inte- made by any person or persons, bodies politick or corporate on the life or No Insurance to be made rest, &c. lives of any person or persons or on any other event (1.) or events whatsoever, wherein the person or persons for whose use benefit or on whose No. VI. c. 48. account such policy or policies shall be made, shall have no interest or by 14 Geo. III. way of gaming or wagering; and that every assurance made contrary to the true intent and meaning hereof shall be null and void to all intents and purposes whatsoever. II. And be it further enacted, That it shall not be lawful to make any No Policies policy or policies on the life or lives of any person or persons or other without insert event or events without inserting in such policy or policies the person or ing Names, &c. persons name or names interested therein, or for whose use benefit or on whose account such policy is so made or underwrote. III. And be it further enacted, That in all cases where the insured How much may hath interest in such life or lives event or events no greater sum shall be be recovered. recovered or received from the insurer or insurers than the amount or value of the interest of the insured in such life or lives or other event or events.(2.) IV. Provided always, That nothing herein contained shall extend or Not to extend be construed to extend to insurances bona fide made by any person or to Ships, &c. persons on ships goods or merchandizes; but every such insurance shall be as valid and effectual in the law as if this Act had not been made. [ No. VII. ] 25 George III. c. 44.-An Act for regulating Insurances on Ships, and on Goods, Merchandizes or Effects. WHEREAS it hath been found by experience, that the making or 25 Geo. III. c. 44. effecting insurances on ships or vessels and on goods merchandizes and effects in blank, and without specifying therein the name or names of any person or persons for whose use and benefit or on whose account 'such insurances are made or effected, hath been in many respects mis'chievous and productive of great inconveniences;' for remedy whereof be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the fifth day of July one thousand seven hundred No Policy of and eighty-five, it shall not be lawful for any person or persons who shall Insurance on live or reside in Great Britain to make or cause to be made any policy Ships or Goods or policies of assurance upon his her or their interest in any ship or ships to be made vessel or vessels, or on any goods merchandizes effects or other property, without insertwithout inserting in such policy or policies his her or their own name or ing the Names names as the person or persons interested therein, or the name or names of the person or persons who shall effect the same, as the agent or agents of the person or persons so really interested therein, or for whose use or benefit or on whose account such policy or policies is or are so made or underwrote; and that it shall not be lawful from and after the said fifth day of July one thousand seven hundred and eighty-five, for any person or persons who shall not live or reside in Great Britain to make or cause to be made any policy or policies of assurance upon his her or their interest in any ship or ships vessel or vessels or on any goods merchandizes effects or other property, without inserting in such policy or policies the name or names of the agent or agents of the person or persons so really of the Persons interested, &c. No. VII. interested therein, or for whose use or benefit or on whose account the same is or are so made or underwrote; and that every policy or policies 25 Geo. III. of assurance made or underwrote contrary to the true intent and meaning hereof, shall be null and void to all intents and purposes whatsoever. (3.) c. 44. Policies made contrary, void. (3.) See Cox v. Parry, 1 T. R. 469.-It has been thought eligible to insert this Act, although repealed by the following Number. 28 Geo. III. c. 56. Preamble. 25 Geo. III. c. 44. made on any [ No. VIII. ] 28 George III. c. 56.-An Act to repeal an Act, made in the Twenty-fifth Year of the Reign of his present Majesty, intituled, An Act for regulating Insurances on Ships, and on Goods, Merchandizes, or Effects; and for substituting other Provisions, for the like Purpose, in lieu thereof. WHEREAS it hath been found by experience that great mischiefs and inconveniencies have arisen to persons interested in ships or vessels, and also to persons using trade or commerce from the effect of < an Act made in the twenty-fifth year of the reign of his present Majesty, 'intituled An Act for regulating Insurances on Ships and on Goods Mer'chandizes or effects: And whereas it is highly expedient that other and more convenient provisions should be made for the regulating insurances 'hereafter to be made on ships and on goods merchandizes or effects than 'those which are contained and enacted in and by the said Act;' be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, repealed; and That the said Act made in the twenty-fifth year of the reign of his present no Policy to be Majesty shall be, and the same is hereby repealed; and that from and after the passing of this Act it shall not be lawful for any person or persons to make or effect or cause to be made or effected any policy or policies of assurance upon any ship or ships vessel or vessels or upon any goods merchandizes effects or other property whatsoever without first inserting or causing to be inserted in such policy or policies of assurance the name or names, or the usual style and firm of dealing of one or more of the persons interested in such insurance or without instead thereof first inserting or causing to be inserted in such policy or policies of assurance the name or names of the usual style and firm of dealing of the consignor or consignors consignee or consignees of the goods merchandizes effects or property so to be insured; or the name or names or the usual style and firm of dealing of the person or persons residing in Great Britain, who shall receive the order for and effect such policy or policies of assurance or of the person or persons who shall give the order or direction to the agent or agents immediately employed to negociate or effect such policy or policies of assurance. Ship, &c. without inserting thereon the Name or Names, or the Firm of Dealing of one or more of the Persons interested, &c. Policies made contrary to this Act to be void. II. And be it further enacted by the authority aforesaid, That every policy and policies of assurance made or underwrote contrary to the true intent and meaning of this Act shall be null and void to all intents and purposes whatsoever. (1.) (1.) For the occasion and reasons for passing this Act, and 25th Geo. III. c. 44, see the observations of Buller, J. in Wolfe v. Horncastle, 1 B. & P. 316-Bell v. Gibson, id. 345. In the first of these cases it was held, that the Act was sufficiently complied with, in a case where A consigned goods to B, drawing bills upon B in favour of C, the general agent of A, and transmitted the bills of lading to C, with directions to hand them over to B, that he might have an opportunity to insure, and also drew a bill on C, which was accepted and paid: B having refused to accept the bills or take to the cargo, Č effected the insurance in his own name, which he communicated to A, who expressed his approbation. For the animadversions of Buller, J. on the conduct of the underwriter, see note 2, to No. 5, supra. In the later case it was held sufficient that the broker for the plaintiff, who effected the policy, was therein called agent, without stating for whom; and in De Vignier v. Swanison, n. ibid, it was held to be sufficient, that the persons effecting the policy were averred in the declaration to be agents, not being described as such in the policy. Where the plaintiff, whose name was on the policy, and who gave the order to insure, did so without authority, but the person on whose behalf the insurance was made afterwards ratified it, it was held sufficient, the plaintiff being the person who gave the order.-Hagedorn v. Oliverson, 2 M. & S. 485. But where the declaration averred, that the plaintiff received the order for and effected the insurance, it was held to be a material averment-and that a previous order must be shewn, and a subsequent adoption was not sufficient, although perhaps the declaration might have been good without the averment.Bell v. Johnson, 1 M. & S. 201. In Mellish v. Bell, 15 E. 4, it was ruled, that a declaration that the plaintiffs, M & N, caused a policy to be effected, averring that Messrs. John Gore & Co. did make assurance, was good after verdict. Per Lord Ellenborough-"The Act requires that the persons making the insurance should fall within one or other of the descriptions therein mentioned, but not that they should be described as such ex nomine in the policy." Le Blanc, J."The only question is, whether it should be stated upon the record that Gore & Co. are mere names, or whether it may be shewn by evidence." [No. VIII.] 5 Geo. IV. c. 114.-An Act to repeal so much of an Act of the Sixth Year of King George the First, as restrains any other Corporations than those in the Act named, and any Societies or Partnerships, from effecting Marine Assurances, and lending Money on Bottomry.[24th June 1824.] WHEREAS an Act was passed in the sixth year of the reign of His Majesty King George the First, intituled An Act for better securing 6 G. 1. c. 18. certain Powers and Privileges, to be granted by His Majesty by Two Charters, for Assurance of Ships and Merchandize at Sea and going to Sea, and for lending Money upon Bottomry; and for restraining several extravagant and unwarrantable Practices therein mentioned; whereby His Majesty was empowered to incorporate, by two several charters, under the Great Seal of Great Britain, two several and distinct companies for assurance of ships goods and merchandize at sea, or going to sea, and for lending money upon bottomry, by such names as His Majesty should think proper; subject nevertheless to redemption and revocation in the manner therein expressed: And it was further enacted, that from and after the granting or making of the said respective charters for erecting the said two corporations, and passing the same under the great seal, for and during the continuance of the same corporations respectively, or either of them, all other corporations or bodies politic before erected or established, or thereafter to be erected or established, and all such societies or partnerships as then were or thereafter should or might be entered into by any person or persons, for assuring ships or merchandize at sea, or for any money upon bottomry, should, by force and virtue of the said recited Act, be restrained from granting signing or underwriting any policy or policies of assurance of or upon any ship or ships, goods or merchandizes, at sea or going to sea, and from lending any monies by way of bottomry; and if any corporation or body politic, or persons acting in such society or partnership, other than the two corporations intended to be established by the said recited Act, should presume to grant sign or underwrite, after the twentyfourth day of June one thousand seven hundred and twenty, any such policy or policies, or make any such contract or contracts for assurance of or upon any such ship or ships, goods or merchandizes, at sea or going to sea, or take or agree to take any premium or other reward for such policies, every such policy and policies of assurance of or upon any such ship or ships, goods or merchandizes, should be ipso facto void; and every sum and sums so signed or underwritten in such policy or policies, should be forfeited and recovered in manner expressed in the said recited Act; and it was further enacted, that if any corporation or body politic, or persons acting in such society or partnership as aforesaid, other than the two corporations intended to be established by the said recited Act, or one of them, should presume to lend, or agree to lend or advance, by themselves, VOL. II. *R |