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To arrive at a correct interpretation of the clause giving liberty to call, we must construe its terms in subordination to the following established rule :—

If there is no express clause in the policy giving the vessel liberty to call at any specified port or ports, she must proceed direct from the port of departure to the port of destination without diverging, unless it is the established usage of the trade to call at any intermediate port or ports, in which case she will be protected while so doing (†).

Sometime special clauses are introduced, giving liberty to touch and stay at any ports, for all purposes, etc.; but, however extensive the liberty thus conceded may appear to be, it must be interpreted in conformity with the following principles (u).

1st. Any port or ports visited by the vessel must lie within the ordinary track of the voyage.

2nd. They must be visited for some purpose connected with the main object of the adventure.

The limitation thus imposed upon words which, if understood literally, would have unrestricted force, is, as remarked by Arnould, a legitimate application of the rule of construction, whereby general terms following particular ones refer only to such matters as are ejusdem generis (x).

In the interpretation of clauses which give liberty for the vessel to touch, stay, trade, etc., at any port or ports, place or places, it is necessary in the first place to inquire what is the true scope and intention of the adventure contemplated by the parties; and this, having been ascertained, the license must be understood in conformity therewith, both "as to track, and as to purpose" (y). For instance, with respect to track, it was held that a deviation had been committed, where a vessel, which was insured "at and from Lisbon to a port in England, with liberty to call at any one port in Portugal," called at Faro, a port to the south of Lisbon, to complete her loading; as the

(t) Arnould, 4th ed., p. 427. (u) Ibid., 436.

(x) Ibid.; see also ante, s. 1.

(y) Lowndes on Marine Insurance,

s. 85.

license only permitted the vessel to call at a port to the north of Lisbon, in the course of the homeward voyage (2). Again, with respect to purpose, in an action upon a policy on goods insured "at and from London to Berbice, with liberty to touch. and stay at any ports and places whatsoever and wheresoever, and for all purposes whatsoever, particularly to land, load and exchange goods, without being deemed a deviation," it was held by Lord Ellenborough that, notwithstanding the comprehensive words employed, it was not open to the vessel to put into Madeira for the purpose of discharging goods and taking on board other goods not covered by the policy, her stay being thereby prolonged so as to vary the outward risk (a).

If, however, it is evident, from the general sense of the policy, that it was the intention of the parties that the vessel should have liberty to visit places out of the direct and usual course of the voyage, the first of the above-mentioned restrictions will be relaxed in favour of the assured. For instance, in an action upon a policy on a vessel insured "at and from Antigua to England, with liberty to touch at all or any of the West India Islands, Jamaica included," it appeared that the vessel had called at St. Kitts, an island to the west of Antigua, to complete her homeward cargo; and, it was contended that this was a deviation which avoided the policy. The Court decided, however, that the parties, by allowing the vessel to call at Jamaica, an island still further to the westward, had indicated their intention to give liberty to the vessel to proceed to any of the islands, whether in or out of the direct course from Antigua to England (b).

Again, if the vessel is authorised to proceed to a port of call, the only restriction imposed upon her during her stay there is, that she shall not be so employed or detained as to sub

(z) Marshall, 2nd ed., p. 191.

(a) Williams v. Shee; 3 Camp. 469. Upon the same principle, in an action upon a policy on a vessel insured from Liverpool to the West Coast of Africa, during her stay and trade there," and back to a port in the United Kingdom, it was held

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that the vessel was not at liberty to prolong her stay on the coast for the purpose of engaging in salvage operations. Company of African Merchants V. British and Foreign Marine Insurance Co., L. R. 8 Ex. 154.

(b) Metcalfe v. Parry; ibid., 439.

stantially vary the risk insured. For example, an outwardbound vessel, on putting into an intermediate port to discharge a portion of her cargo, is not prohibited from loading goods, or engaging in other transactions foreign to her outward voyage, unless her stay is protracted for that purpose beyond the period necessary for the completion of the business connected with the outward adventure, or unless the risk is substantially varied in some other way, in which case the policy would be vitiated by the deviation (c).

Bills of lading for goods shipped by steamer sometimes contain clauses which stipulate for extensive liberties in favour of the shipowner; and, by virtue of these clauses, an act might be committed which would constitute a deviation from the ordinary course of the voyage, though within the contract between the owners of the ship and of the cargo. In such a case, the owner of the cargo might find that his policy was invalidated by deviation, without having any remedy against the shipowner; and, to obviate this danger, the clause "with all liberties as per bills of lading," is sometimes inserted in policies on goods. There can be no doubt, however, that where steamers or sailing vessels of a particular line, or in a particular trade, habitually follow a specific route, or call at certain ports, the usage so to do will be tacitly incorporated in a policy in the ordinary form, without the addition of any special clause.

The following are some of the clauses most frequently inserted to give additional liberty of call, or to cover the contingency of deviation or change of voyage :

"With leave to call at all or any intermediate ports and places for any purpose."

"With leave to call at all ports and places on either side of and at the Cape of Good Hope."

"With leave to call at all or any ports or places on either side Cape Horn."

In the event of the vessel making any deviation or change of voyage, it is mutually agreed that such deviation or change

(c) Ibid., 450.

shall be held covered at a premium to be arranged, provided due notice be given by the assured on receipt of advice of such deviation or change of voyage." (Lloyd's Deviation Clause, adopted by the Liverpool and Glasgow Underwriters' Associations.)

"In case of deviation, or change of voyage, the assured to be held covered at a premium to be arranged."

"With leave to call at all ports and places for any purposes, and with liberties as per bill of lading."

CHAPTER IV.

CONSTRUCTION OF THE POLICY.

INSURABLE INTEREST AND VALUATION.

I.--INTRODUCTORY.

The said Ship, etc., Goods and Merchandises, etc., for so much as concerns the Assured, by agreement between the Assured and Assurers in this Policy, are and shall be valued at

This clause leads up to the valuation, which should be inserted in the blank space immediately following.

The obsolete practice of insuring the whole adventure in one policy is again apparent in the mention of ship and goods as included in the one insurance; and, to restrict this general form of expression to the particular interest which it is intended to insure, the description, as well as the value of the property, may be written in the interlinear space following. In order to explain clearly how the description and valuation of the interest should he expressed, it will be necessary to inquire :

1st. What may be insured?

2nd. What constitutes an insurable interest ?

3rd. How should an insurable interest be valued?

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