Lockyer and Others against Offley

lockyek AND others against offley. Friday, May 26th, 1786. A ship being insured for a voyage, the underwriter is not liable for any loss arising from seizure after she has been 24 hours in port; though such seizure was in consequence of an act of smuggling committed by the master during the voyage. [Applied, Lidgett v. Secretan, 1870, L. R. 5 C. P. 200; Cory v. Burr, 1883, 8 App. Gas. 405.] This was au action on a policy of insurance on the ship " Hope " from Hamburgh to London, subscribed by the defendant on the 19th of August 1785, for the sum of 2001. at one guinea per cent. The cause came on to be tried at the sittings after Hilary term, 1786, at Guildhall, before Buller, J. when the jury found a verdict for the plaintiffs, subject to the opinion of the Court on the following case. That the defendant underwrote the policy stated in the declaration for the aum of 2001. at one guinea per cent. That the plaintiffs were interested in the ship to the amount of the sum insured. [253] That in the course of the voyage the master committed barratry by smuggling on his own account, by hovering and running brandy on shore in casks under 60 gallons. That on the 1st September 1785 the ship arrived in safety at her moorings in the river Thames, and remained there in safety till the 27th of the said month of September, when she was seized by the Revenue .officers for the smuggling before stated. That about a fortnight or three weeks after the seizure the plaintiffs informed the underwriters thereof; and that they would hold them liable on the policy. That on the 20th October 1785 the following petition was presented to the Com--missionera of His Majesty's Customs : "London, 20th October 1785. " May it please your Honors,-In answer to our former petitions to your Honourable Board, relating to the seizure of our ship the ' Hope,' late John Law, master, from Hamburgh, by Mr. Hunter, tide surveyor of His Majesty's Customs, we there find your Honourable Board has ordered the said ship to be delivered to us upon our giving sufficient bail or security for her value until the issue was terminated, for which indulgence we return our unfeigned thanks. But from the state of our innocent as well as our distressed situation in this transaction, we are led further to solicit your Honors' reconsideration of our petition, and to order the vessel to be (a) Sect. 28. 1080 LOCKYEB V. OFFLEY 1 T. R. 2M. delivered to us upon a moderate compensation being made to the seizing officer for his diligence; and as \ve now have an instant employ for the vessel, we are in hopes by your Honors' protection and humanity we shall be enabled by such employ to make good our heavy losses, which we have sustained by the villany of the master.- We are with the greatest respect, &c. " william parr, "for thomas lockyer, edw. sibull, & self." The following answer was given by the commissioners to the said petition ; " That as the ship had been guilty of a gross violation of the laws, the prosecution against her must proceed, [254] but that the owners should be at liberty to compound according to the rules of the Exchequer." That the ship was appraised at the sum of 3451. and by the course of the Court of Exchequer the ship would have been restored to the plaintiffs upon payment of 2301. besides costs and charges, which would all together have amounted to the sum of 3291. 9s. 7d. That on the November 1785, the following notice was indorsed on the policy, and waa shewn to the underwriters to subscribe, but they refused to subscribe it. " Whereas the within mentioned ship the ' Hope ' has been seized by officers of His Majesty's Customs, in consequence of their having received information that John Law the master of the said ship has been guilty of barratry, in smuggling and running certain quantities of foreign spirits in the course of the within mentioned voyage from Hamburgh to London; and the said officers by order of the honourable the Commissioners of His Majesty's Customs intend to prosecute the said ship to condemnation ; we the underwriters on this policy do hereby request and authorize the assured to use all such means as they may judge, or be advised to do, proper for the liberation and recovery of the said ship, and to prevent a condemnation thereof either by giving bail, defending the said suit, or by...