Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same to the best advantage, according to such instructions as they should receive from the king in council; before any declaration of war against the United Provinces, one of his majesty’s ships took several Dutch East Indiamen, and carried them into St. Helena. The commissioners, with the assent of the Lords of the Treasury, insured them at and from St. Helena to London. War was soon after declared against the United Provinces, and the ships were finally condemned as prize to his majesty, ‘as having belonged, when taken, to subjects of the United Provinces, since became enemies.’ Upon a loss happening, the commissioners declared on the policy, and averred the interest to be in the king, and held that the action well lay.
[1808] EngR 262, (1808) 1 Taunt 325, (1808) 127 ER 858
Commonlii
Marine Insurance Act 1745
England and Wales
Citing:
See Also – Lucena v Craufurd CEC 1802
Enemy ships which had been captured were insured for their return to England. A claim arose. The insurance provider said that the claim failed under the 1745 Act as a wager since the claimant had no insurable interest in the ships.
Held: . .
See Also – Lucena v Craufurd HL 1806
Before the declaration of war, against the United Provinces, His Majesty’s ships took possession of several ships belonging to Dutch East India men, and took them to St Helena. The Commissioners then insured the ships for their journey from St . .
These lists may be incomplete.
Updated: 19 July 2021; Ref: scu.238201
