The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
Thus, if a ship, though neutral, be insured on a voyage prohibited by
an embargo laid on in time of war, by the prince of the country in
whose ports the ships happen to be, such an insurance is void.[31]
Similarly, all Insurances to protect the interests of British subjects
trading without licence with the enemy are absolutely void.[32]
So also, if a Licence is not strictly pursued, so that the voyage
becomes illegal, the insurance is void.[33]
I have said that all Insurances will be void which are designed to
protect voyages or trading to hostile ports. But, for this purpose, it
must be clearly made out, not only that the port into which the ship
sails is hostile, but also, that she was bound with a distinct hostile
destination at the time of loss. Thus a policy to "ports in the
Baltic," is legal, as some may be hostile, and some not, and it is not
certain that she was sailing to a hostile port.
The general principle by which the validity of a policy is to be
tested, is by the voyage, that it is a voyage prohibited by law, on
some ground of public policy. The will, therefore, of the parties is
of no account, as the prohibition is for public, and not private
benefit. So that if the underwriter is told that the voyage is illicit
he is not more bound than if he were not told so.[34]
It is Insurances upon voyages generally prohibited by law, such as to
an enemy's garrison, or upon a voyage directly contrary to an express
act of parliament, or to royal proclamation in time of War, that are
absolutely void and null;--therefore, on neutral vessels, or the
vessels of British subjects possessing neutral rights and sailing from
neutral ports to enemies ports are not void.[35]
Similarly, with respect to Insurances on neutral vessels carrying
_contraband goods_, for it is not the voyage, but the cargo, that is
illegal in that case.[36]
Insurances are good on Neutral Vessels engaged in the Colonial Trade
of the Enemy, and which was closed to the Neutral in time of
peace,[37] It must be observed, that if a voyage is illegal, and voids
the policy for that voyage, it does not follow that it voids the
voyage in the opposite direction, and even the goods purchased by the
proceeds of a former illegal voyage, may be the subject of
Insurance.[38]
[Sidenote: Bills of Exchange drawn during War.]
It has been stated above that all Bills drawn or negociated with the
enemy, whether a British subject or the alien enemy be the acceptor,
are null and void; during the last war, however, attempts were often
made to draw and negociate bills that should pass muster in our courts
of law, as for example:--
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