Page:Federal Reporter, 1st Series, Volume 9.djvu/797

 782 FEDERAL REPORTER. �the Atlantic coasting trade, but upon a voyage outside cf the tenns of the contract. The view of the court was that if the coasting trade was to be through the gulf the permission to use ports in the gulf was unnecessary; and if the coasting trade upon the United States At- lantic coast necessarily implied voyages through the gulf, a permit to use any gulf ports not west of New Orleans was unnecessary, as those United States gulf ports had not been excluded in the printed part of the policy; that the faot that the vessel was to be a coaster on the United States Atlantic coast, coupled with a permit to use certain ports in the gulf, indicated that without the permit the vessel could not go into the gulf; and that the permit apparently enlarged the previous limitation, especially as domestic ports not west of New Orleans had not been excluded. �The case for the libellant is argued in this court upon grounds apparently not urged in the court below. There are in the printed clauses of the policy many warranties, above cited by the assured, not to use (1) certain ports and places ; (2) certain waters. There are also printed warranties, above cited by it, against loading more than the registered tonnage of the vessel with heavy cargoes, including grain. The printed form is a blank from a purely time policy, under which the vessel would have a right to go anywhere, except as pro- hibited by the warranties not to use the ports, places, and waters specified as forbidden. Then, on the margin, are the two written lines which control. The first Une relates to voyages. It purports to specify voyages. It is enabling and permissive. It declares that the vessel is "to be employed in the coasting trade on the United States Atlantic coast." It is an affirmative statement of voyages. It means that the vessel is to be employed in those voyages only. Both parties so declare. This, in connection with the time clause, one year, makes the policy a mixed policy, specifying both time and voyages. Then follows the second written Une. It is a permission. It begins with the word "permitted." That word qualifies the en tire line. Naturally, we should expect to find in such permission some- thing permitted which was not permitted by the preceding printed and written clauses ; whether something merely not before permitted, or something before actually prohibited. Accordingly, the first thing permitted is a permission "to carry grain and heavy cargoes over ton- nage on coastwise voyages." This had before been prohibited, in the clause above cited from the printed clauses. Then follows, in the eame sentence, under the word "permitted," and after a comma, the ��� �