The ship on her arrival feized by favages, and with the faid fhip as aforefaid, were thereby then and there wetted, damaged, and wholly spoiled; and the faid fhip afterwards, and within the pace of eighteen months from the day of her arrival in the faid river Gambia, and during her ftay and trade there, to wit, on the fame day and year aforefaid, by force of the winds and tempefts, was wholly loft there in the faid river Gambia; of all which, &c. AND the faid plaintiffs further fay, that long after the expiration of twenty-four hours from the arrival of the faid fhip at Gambia aforefaid, and during her abode, that is to fay, twentieth October 1756, certain inhabitants of Africa, to the faid plaintiffs the tackle, unknown, and without the default of the faid plaintiffs, or any 6f &c. broke them, by force and violence feized the faid fhip, and broke in in pieces pieces, fhattered, and spoiled the faid fhip, and the tackle, apparel, and fpoiled and furniture thereof; of all which, &c. The fhip by un fons, and robbed. AND the faid plaintiffs further say, that after the departure of damaged on the faid fhip from Cork aforefaid, and before the faid fhip had heyage finished the faid intended voyage, to wit, twenty-feventh of known per- January 1760, certain perfons, to the faid plaintiffs unknown, and without the default of the faid plaintiffs, or either of them, broke, damaged, and fpoiled the body of the faid fhip, and broke, spoiled, tock, and carried away the tackle, apparel, ordnance, munition, artillery, boat, and furniture of the faid fhip in the faid writing or policy of affurance mentioned, to the value of four hundred pounds, whereby the faid laft mentioned fhip was difabled from performing her faid voyage, and did not perform the fame, but became of no use to the proprietors thereof; of all which, &c. The ship WAS on the high feas burnt and confumed with and by fire; and goods and the faid goods and merchandizes then being and remaining in burnt at fea. and on board the said ship, was thereby then and there wholly burnt and confnmed with and by fire, and wholly loft to the owners and proprietors thereof; of all which. &c. Interest in a AND the faid plaintiff further faith, that the faid P. H. one ship, name- G. H. and one M. H. at the time of the making of the faid writing ly, plaindr policy of affurance, and from thence continually until and at thirds, and the time of the lofs hereinafter mentioned, were interefted in the other per- faid fhip, to a great value, that is to fay, to the value of one thoufons the re- fand pounds, viz. at, &c. and that the faid writing or policy of tiff two maining third. affurance was procured, and caufed to be made as aforefaid, for the use and benefit of the faid P. H. the faid G. H. and the faid M. H. that is to fay, as to two-third parts of the value of the faid laft mentioned fhip, for and on the behalf and for the fole ufe and benefit of the faid plaintiff; and as to the remainder third part part thereof, for and on the behalf and benefit of the faid G. H. and M. H. to wit, at, &c. AND that the faid plaintiffs, at the time of the loading of the Plaintiffs faid goods and merchandizes on board the faid fhip as aforefaid, interested in and from thence continually until the time of the misfortune here- the cargo to a large ainafter mentioned, were interested in the faid goods and merchan- mount. dizes fo laden on board the faid fhip, to a great value, that is to fay, to the value of one thousand pounds. W. B. S. B. were inte AND the faid plaintiffs further fay, that at the time of the Plaintiffs making of the faid writing or policy of affurance, and from thence- fay that forth until and at the time of the capture and lofs of the faid fhip and A. B: hereinafter mentioned, one W. B. S. B. and A. B. were interested in a moiety of the said ship to a large value, to wit, to the rested in a value of all the money ever infured for them thereupon, and that moiety of the faid insurance so made as aforefaid, was made by the faid plainfhip. tiffs in truft for, and for the use and benefit of the said W. B. &c. viz. at, &c. Declara tions on In FOR the affurance of one hundred pounds, upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furances. furniture, of and in the faid thip, in the faid writing or policy of it, Infuaffurance mentioned, and had, &c. FOR the affurance of one hundred pounds, of and upon one half or moiety of the faid fhip, in the said writing or policy of affurance mentioned, and had, &c. rance of body, tackle, &c. of ship. FOR the affurance of two hundred pounds, upon the premises 3d, 2001. mentioned in the said writing or policy of affurance, that is to on goods, fay, one hundred pounds upon the goods and merchandizes in the 100l. on ship. faid writing or policy of affurance mentioned, and one hundred pounds upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture of the faid fhip in the said writing or policy of affurance mentioned, and had, &c. FOR the affurance of one hundred pounds upon the goods and 4th, 100l. merchandizes in the faid writing or policy of affurance mentioned, on goods. and had, &c. AND the faid plaintiff further faith, that after the faid capture For a rateof the faid fhip, and by reafon and in confequence thereof, the faid able part of A. B. &c. for whofe benefit the faid affurance made, before the expence in exhibiting of his bill, to wit, twentieth of November in the laft endeavouring year aforefaid, at, &c. did fue, endeavour, and labour to recover Dd 2 to recover her accord of infurance the aforefaid fhip, and in fo doing did neceffàrily expend a large fum of money, that is to fay, fix hundred pounds of lawful money of Great Britain; whereby the faid defendant, according to the terms of the faid policy of affurance, and of his promife and undertaking aforefaid, became liable to pay to, and ought to have paid to the faid plaintiff, for the ufe of the faid A. B. &c. the further fum of one hundred pounds, the faid one hundred pounds being the rateable part or proportion of the expence aforefaid, which the laid defendant ought to have paid and contributed in respect of the infurance aforesaid; whereof the said defendant afterwards, to wit, or the same day and year aforefaid, at, &c. had notice. Declaration LONDON, J. Joachim Famin and Noel Famin complain on a policy of George Cawthorne, being in the cuftody, &c. for that whereon goods as the faid Joachim Famin and Noel Famin, on the thirtieth day board a fhip of May A. D. 1780, at L. aforefaid, to wit, at the parish of St. which was Mary le Bow, in the ward of Cheap, according to the ufage and custom of merchants from time immemorial there used and approv、 ed of, caused to be made a certain writing or policy of infurance, purporting thereby and containing therein, that taken b the ene mies. as well in own name, as for and in the name and names of all and every other perfon or perfons to whom the fame might or did appertain in part or in all, did make affurance, and caufe, and them and every of them, to be infured, loft or not loft, at and from Marfeilles to Nantz, warranted to fail on or before the fifth of May 1780, upon any kind of goods and merchandizes whatsoever, loaden or to be loaden on board the good ship or veffel called the Concorde, Dutch veffel, whereof was mafter, under God, for that prefent voyage, Meynders Fredericks, or whoever elfe fhould go for mafter in the faid fhip, or by whatsoever other name or names the faid hip, or the mafter thereof, was or should be named or called; beginning the adventure upon the faid goods and merchandizes from and immediately following the loading thereof on board the faid fhip at Marfeilles, and fo fhould continue and endure until the faid fhip, with the faid goods and merchandizes whatfoever, fhould be arrived at Nautz; and the fame there fafely landed, and it fhould be lawful for the faid fhip in that voyage to stop and stay at any ports or places whatsoever, without prejudice to that infurance; the faid goods and merchandizes by agreement should be valued at 1.: touch ing the adventures and perils which they the affurers were contented to bear, and did take upon them in that voyage, they were of the feas, men of war, fire, enemies, pirates, rovers, thieves, jettizons, letters of mart and countermart, furprifals, takings at Lea, arrefts, reftraints, and detainments of all kings, princes, and people of what nation, condition, or quality foever, barratry of the mafter and mariners, and of all other perils, loffes, and misfortunes that had or should come to the hurt, detriment, or da-mage of the faid goods or merchandizes, or any part thereof. And And in cafe of any lofs or misfortune, it thould be lawful for the affureds, their factors, fervants, and affigns, to fue, labour, and travel for, in and about the defence, and fafeguard, and recovery of the faid goods and merchandizes, or any part thereof, without prejudice to that infurance, to the charges whereof they the affurers would contribute, each one according to the rate and quantity of his fum therein affured. And it was agreed by them the infurers, that that writing or policy of affurance fhould be of as much force and effect as the fureft writing or policy of affurance theretofore made in Lombard-ftreet, or in the Royal Exchange, or elsewhere in London; and fo they the affurers were contented, and did thereby promise and bind themselves, each one for his own part, their heirs, executors, and goods, to the affureds, their heirs, executors, adminiftrators, and affigns, for the true performance of the premises; confeffing themfelves paid for the confideration due unto them for that affurance by the affured, at and after the rate of twenty-five guineas per cent. In witness where of they the affurers had subscribed their names and affured in London. And, by the faid writing or policy of affurance, corn, fish, salt, fruit, flour, and feed were warranted free from average, unless general, or the fhip fhould be ftranded; fugar, tobacco, hemp, flax, hides, and skins were warranted free from average under five pounds per cent. and all other goods alt from average under three pounds per cent. unlefs general, or the fhip fhould be ftranded, as by the faid writing or policy of affurance, reference being thereunto had, more fully appears; of which faid writing or policy of affurauce he the faid George afterwards, to wit, on the faid thirtieth day of May in the faid A. D. 1780, at L. aforefaid, in the parish, &c. aforefaid, had notice. And thereupon afterwards, to wit, on the fame day and year laft aforefaid, at, &c. aforefaid, in confideration that the faid Joachim and Noel, at the fpecial inftance and request of the said George, had then and there paid the faid George a large fum of money, to wit, the sum of twen ty-nine pounds eight fhillings, of lawful money of Great Britain, as a premium or reward for the affurance of a large fum of money, to wit, the fum of one hundred and twelve pounds, of like lawful money, of and upon the premises in the faid writing or policy of affurance contained, and had undertaken and then and there faithfully promifed the faid George to perform and fall all things in the faid writing or policy of affurance contained on the part and behalf of the faid affured to be done and performed, he the faid George undertook, and then and there faithfully promifed the faid Joachim and Noel, that he the faid George would become an affurer to the faid Joachim and Noel, to wit, for the faid fum of one hundred and twelve pounds, of and upon the faid premises mentioned in the faid writing or policy of affurance, and that he would perform and fulfil all things in the faid writing or policy of affurance contained on his part and behalf as fuch affurer, as to the faid one hundred and twelve pounds to be performed and fulfilled, accord according to the form and effect of the faid writing or policy of affurance; and the faid George then and there fubfcribed the faid writing or policy of affurance as fuch affurer, to wit, for the faid fum of one hundred and twelve pounds accordingly, that is to say, at London aforefaid, at the parish and ward aforefaid. And the faid Joachim and Noel do aver, that the faid fhip or veffel, in the faid writing or policy of affurance mentioned, at the time of the failing thereof herein after mentioned, and from thence until and at the time of the lofs thereof, herein also after mentioned, was a Dutch veffel, that is to fay, at L. aforefaid, at the parish, &c. aforefaid X. And the faid Joachim and Noel do aver, that the faid writing or policy of affurance fo by them the faid Joachim and Noel made as aforefaid, was by them so made in truft for, and for the ufe, rifk, benefit, behalf, and account of Mr. Bilmain, and of certain other perfons who carried on trade and commerce in copartnership in foreign parts under the flyle and firm of Gaudin, Eniffard, and of certain other perfons carrying on trade and commerce in foreign parts under the flyle and firm of Seurat and Louvel respectively, according to their respective proportions as herein after next mintioned. And the faid Joachim and Noel further fay, that afterwards, to wit, on the thirtieth day of April in the faid A. D. 1780, divers goods and merchandizes of the faid Mr. Bilmain, of great value, to wit, of the value of two hundred and twenty pounds, of like lawful money, and divers other goods of the faid Gaudin and Eniffard, of great value, to wit, of the value of one hundred and fifty pounds, of like lawful money, and divers other goods of the faid Seurat and Louvel, of great value, to wit, of the value of other one hundred and fifty pounds, of like lawful money, were put on board the faid fhip or veffel, being a Dutch veffel as aforefaid, to be carried therein upon the voyage, in the faid writing or policy of affurance mentioned, to wit, at London aforefaid, in the parish, &c. aforefaid +. And the faid Joachim and Noel further fay, that the faid fhip, in the faid writing or policy of affurance mentioned, to wit, at L. aforefaid, in the parish, &c. aforesaid, afterwards, and before the fifth of May in faid A. D. 1780, that is to fay, on faid thirtieth of April in faid A. D. 1780, departed and fet fail from Marfeilles aforefaid for and towards Nantz, in the faid policy of affurance mentioned, with the faid goods and merchandizes on board thereof; but that the faid fhip did never arrive at Nantz aforefaid in that voyage, but, on the contrary thereof, the faid fhip, failing and proceeding on her faid voyage, with the faid goods and merchandizes on board thereof as aforesaid, after her departure from Marfeilles aforefaid, and before her arrival at Nantz aforefaid, viz. on the thirtieth day of May in the year of Our Lord 1780, was, in and upon the high feas, with force and arms, and in an hoftile manner, attacked, conquered, Taken by taken, and carried away by certain perfons to the faid Joachim and Noel unknown; and the faid fhip, and goods and merchandizes on board thereof as aforefaid, were thereby wholly loft to the emies. pro |