Document ID: chunk:federal_register_of_legislation:C2008C00419:section:95:p4
Version: federal_register_of_legislation:C2008C00419
Segment Type: section
Provision Reference: s 95 (pt 4/6)
Character Range: 70346–72986

until such goods or movables are actually on board, and the insurer is not liable for them while in transit from the shore to the ship.

    Safely landed

5. Where the risk on goods or other movables continues until they are "safely landed," they must be landed in the customary manner and within a reasonable time after arrival at the port of discharge, and if they are not so landed the risk ceases.

    Touch and stay

6. In the absence of any further licence or usage, the liberty to touch and stay "at any port or place whatsoever" does not authorize the ship to depart from the course of her voyage from the port of departure to the port of destination.

    Perils of the seas

7. The term "perils of the seas" refers only to fortuitous accidents or casualties of the seas. It does not include the ordinary action of the winds and waves.

    Pirates

8. The term "pirates" includes passengers who mutiny and rioters who attack the ship from the shore.

    Thieves

9. The term "thieves" does not cover clandestine theft or a theft committed by any one of the ship's company, whether crew or passengers.

    Restraint of princes

10. The term "arrest, &c., of kings, princes, and people" refers to political or executive acts, and does not include a loss caused by riot or by ordinary judicial process.

    Barratry

11. The term "barratry" includes every wrongful act wilfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer.

    All other perils

12. The term "all other perils" includes only perils similar in kind to the perils specifically mentioned in the policy.

    Average unless general

13. The term "average unless general" means a partial loss of the subject‑matter insured other than a general average loss, and does not include "particular charges."

    Stranded

14. Where the ship has stranded, the insurer is liable for the excepted losses, although the loss is not attributable to the stranding, provided that when the stranding takes place the risk has attached and, if the policy be on goods, that the damaged goods are on board.

    Ship

15. The term "ship" includes the hull, materials and outfit, stores and provisions for the officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings requisite for the trade, and also, in the case of a steam‑ship, the machinery, boilers, and coals and engine stores, if owned by the assured.

    Freight

16. The term "freight" includes the profit derivable by a ship‑owner from the employment of his ship to carry his own goods or movables, as well as freight payable by