Page:Ruffhead - The Statutes at Large - vol 6.djvu/766

 joo C. 37. Anno decimo nono Georgii II. A. D. 1746; " miffioners of the Cuftoms to permit the fame to be entered and landed. CAP. XXXVII. An Act to regulate Infurance on Ships belonging to the Subjects of Great Britain, and on Merchandizes or Effects laden thereon. ll§'ilc'J~' ' IT/HE REAS it hath been found by Experience, that the making AfTurances, Intereft or no f. 23. ''*" ' VV Intereft, or without further Proof of Intereft than the Policy, hath been productive of many 6 Geo. 1. c. 18. ' pernicious Practices, whereby great Numbers of Ships, with their Cargoes, have either been frau- I gZ' ' 'e ly ' * dulently loft and deftroyed, or taken by the Enemy in Time of War ; and fuch AfTurances have II Geo. i.'f, 30. ' encouraged the Exportation of Wooll, and the carrying on many other prohibited and clandeftine ' Trades, which by Means of fuch AfTurances have been concealed,, and the Parties concerned ' fecured from Lofs, as well to the Diminution of the publkk Revenue, as to the great Detri- ' ment of fair Traders ; and by introducing a mifchievous kind of Gaming or Wagering, under the ' of making AfTurances, hath been perverted; and that which was intended for the Encouragement ' of Trade and Navigation, has, in many Inftances, become hurtful of, and deftructive to the fame :' For Remedy whereof, be it enacted by the King's mod Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affem- No Affurance to bled, and by the Authority of the fame, That from and after the firft Day of Jugujl one fhoufand be made on ships feven hundred and forty-fix, no Affurance or AfTurances fhall be made by any Perfon or Perfons,, of fub'fa's & in- bodies Corporate or Politick, on any Ship or Ships belonging to his Majefty, or any of his Sub- ■ tereft o J r no'ln-" jecls, or on any Goods, Merchandizes or Effects laden or to be laden on Board of any fuch Ship tereft. or Ships, Intereft or no Intereft, or without further Proof of Intereft than the Policy, or by way of Gaming or Wagering, or without Benefit of Salvage to the Affurer; and that every fuch Affu- rance fhall be null and void to all Intents and Purpofes. Affurance on II. Provided always, and be it further enacted by the Authority aforefaid, That AfTurance on pri- private Ships of vate Ships of War, fitted out by any of his Majefty's Subjects folely to cruize againft his Majefty's ma^i intereft Enemies, may be made by or for the Owners thereof, Intereft or no Intereft, free of Average, and- or no Intereft. without Benefit of Salvage to the Affurer; any Thing herein contained to the contrary thereof in any wile notwithftanding. Affurance on III. Provided alfo, and it is hereby enacted, That any Merchandizes or Effects from any Ports Effects from or pi ace s in Europe or America, in the PofTeffion of the Crowns of Spain or Portugal, may be afiured bpam or rortu- j Q ftch Way and M anner;) as if this A& had not been made. Re-affurance in ^ • And ^e '* ^ rtner enacted by the Authority aforefaid, That it fhall not be lawful to make what Cafes ad- Re-afTurance, unlefs the AfTurer fhall be infolvent, become a Bankrupt, or die ; in either of which mitted, 8«. Cafes fuch Afiurer, his Executors, Adminiftrators or Affigns, may make Re-aflurance, to the Amount of the Sum before by him afiured, provided it fhall be expreffed in the Policy to be a Re- afTurance. The Conditions v. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day c°n Bottomree S °f ^ u S l ifl-> aii and everv ^ um and Sums of Money to be lent on Bottom-ree, or at Refpondentia, upon ships ' upon any Ship or Ships belonging to any of his Majefty's Subjects, bound to or from the Eaji. bound to or Indies, fhall be lent only on the Ship, or on the Merchandize or Effects laden, or to be laden on Indfes. B°a rd ° f fuch Shi P> and ^a 11 be fo expreffed in the Condition of the Bond ; and the Benefit of Salvage fhall be allowed to the Lender, his Agents or Afiigns, who alone fhall have a Right to make AfTurance on the Money fo lent ; and no Borrower of Money on Bottom-ree, or at Refpon- dentia, as aforefaid, fhall recover more on any AfTurance than the Value of his Intereft on the Ship, or in the Merchandizes or Effects laden on Board of fuch Ship, exclufive of the Money fo borrow- ed ; and in cafe it fhall appear that the Value of his Share in the Ship, or in the Merchandizes or Effects laden on Board, doth not amount to the full Sum or Sums he hath borrowed as afore- faid, fuch Borrower fhall be refponfible to the Lender for fo much of the Money borrowed, as he hath not laid out on the Ship or Merchandizes laden thereon, with lawful Intereft for the fame, together with the Affurance, and all other Charges thereon, in the Proportion the Money not laid out fhall bear to the whole Money lent,, notwithftanding .the Ship and Merchandizes be totally loft. In all AOions VI. And be it further enacted by the Authority aforefaid, That in all Actions or Suits brought Plaintiff to de- or commenced after the faid firft Day of dugu/i, by the AfTured, upon any Policy of Affurance, the iVoays what Plaintiff in fuch Action or Suit, or his Attorney or Agent, fhall within fifteen Days after he or they Sams he hath fhall be required fo to do in Writing, by the Defendant, or his Attorney or Agent, declare in Wri- aiiured. t ; n g w ; lat Sum or Sums he hath- afiured, or caufed to be affured in the Whole, and what Sums he hath borrowed at Refpondentia or Bottom-ree, for the Voyage, or any Part of the Voyage in Queftion in fuch Suit or Action. ' VII. And whereas it is imreafonablc that any Perfon or Perfons, Body or Bodies Corporate, fub- ' fcribing, fealing, or otherwifc executing any Policy or Policies of AfTurance, fhould be put to any ' Colts, Charges or Expences, in any Suit or Action at Law, to be brought on fuch Policy or Po- .* pay
 * ' Commifiioners of the Navy may buy Naval Stores brought in Neutral Ships during the War.- Com*
 * Pretence of alluring the Rifque on Shipping, and fair Trade, the Inftitution and laudable Defi<m
 * licies, in cafe fuch Perfon or Perfons, Body or Bodies Corporate, is or are ready and willing to