eral principle by which the validity of a policy is to be
tested, is by the voyage, that it is a voyage prohibited by law, on
some ground of public policy. The will, therefore, of the parties is
of no account, as the prohibition is for public, and not private
benefit. So that if the underwriter is told that the voyage is illicit
he is not more bound than if he were not told so.[34]
It is Insurances upon voyages generally prohibited by law, such as to
an enemy's garrison, or upon a voyage directly contrary to an express
act of parliament, or to royal proclamation in time of War, that are
absolutely void and null;--therefore, on neutral vessels, or the
vessels of British subjects possessing neutral rights and sailing from
neutral ports to enemies ports are not void.[35]
Similarly, with respect to Insurances on neutral vessels carrying
_contraband goods_, for it is not the voyage, but the cargo, that is
illegal in that case.[36]
Insurances are good on Neutral Vessels engaged in the Colonial Trade
of the Enemy, and which was closed to the Neutral in time of
peace,[37] It must be observed, that if a voyage is illegal, and voids
the policy for that voyage, it does not follow that it voids the
voyage in the opposite direction, and even the goods purchased by the
proceeds of a former illegal voyage, may be the subject of
Insurance.[38]
[Sidenote: Bills of Exchange drawn during War.]
It has been stated above that all Bills drawn or negociated with the
enemy, whether a British subject or the alien enemy be the acceptor,
are null and void; during the last war, however, attempts were often
made to draw and negociate bills that should pass muster in our courts
of law, as for example:--
An alien enemy, during war, drew upon a British subject resident in
England, and who had funds of the alien in his hands; the drawer then
indorsed the bill to an English-born subject, resident in the hostile
country; such a bill cannot be enforced even after the restoration of
peace, for otherwise it would enable alien enemies to take the benefit
of all their property in this country, by allowing them to pay debts
out of such funds, by the instrumentality of bills.[39]
The principle seems to be,--that it is not every bill that bears the
name of an alien enemy upon it that is void, but such bills only that
are instrumental in assisting in communication with an alien
enemy;--and a liberal application of this principle has been made use
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