Dating fliort ua


The cafes in Italics are cited front tnamtfcript notes. 413; 261 287 621 394 447 408 386 186 290 348, 34^ 504 340, 208 289 620 112 406 394 272 205 503 5^9 629 3°3 297 34^9 603 223, 613 99' 88 119, 81 9^ Goram v. — In abridg- ing thefe cafes, I have obferved one uniform rule. Each will be found to confift of three .di{lin refted by the wifdom of the law. THE defign of the following work has been to collect from every authentic fource, and to afcertain, with as much precifion as the fubjedt would admit of, the genuine principles of the law of infurance ; and fo to arrange and methodifc them, that not only lawyers, but merchants and others, might, without much difficulty, acquire a competent knowledge of them.



It is now many years fmce 1 firfl: conceived the idea of attempting fuch a work. A multiplicity of divifions and fubdivifions only ferve to burthen the memory and weary the patience. 1 have only fought, where the occafion called for it, to reftore the true prin- ciples of the law ; and the better to enable me to do fo, I have availed myfelf of the works of for- eign writers of acknowledged authority upon the law of nations, upon marine law, and the law of infurance ; and I have freely had recourfe to them, wherever their afliftance would enable me to clear up a doubt, or to folve a dil Bculty. r ▼III ^ Preface, and from foreign authors, fuch materials as feemed necelfary to ei^le me to form a confident treatife on this branch of the fubject. Too ftrid an adherence to methodical arrangement only defeats the end which is meant to be attained by it. I have not, however, unnecei Tarily ftepped afide to make captious objedions. Under pretence of equity, the law is not to be forfaken.

V/here that is clear, it muft prevail, however hard it may ap.

— Efto, turpiter faciat ; fed, eft turpiter facit qui contra leges pacifcitur. Method, however, is only ufeful fo far as it conduces to perfpicuity. (a) Wherever I have found any decifion, or any dodrine advanced, which militated againil any ac- knowledged principle of law, I have, with a prop- er freedom, but v/ith decency and refpecl, pointed them out to the notice of the reader, with fuch obfer- vations as I thought it my duty to make on them.