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A

TREATISE

ON THE LAW OF

INSURANCE,

IN FOUR BOOKS;

I. OF MARINE INSURANCES,
II. OF BOTTOMRY AND RESPONDENTIA,
III. OF INSURANCE UPON LIVES,
IV. OF INSURANCE AGAINST FIRE.

By SAMUEL MARSHALL,

SERJEANT AT LAW.

IN TWO VOLUMES.

VOL. I.

Laudo mercatorem, qui hjem, etiam contra leges datam, servat; fed,
et laudo judicem, qui frauces et nequitias mercatorum non fuvet, et refcindit
pactiones, quas lex rescindi jubet. Judicis eft legez sequi ; nec difputale
an turpiter faciat affecurator, qui fidem datam viviai. Efto, turpiter faciat;
sed, et turpiter facit qui contra leges paciscitur.

bynk. Queft. jur. priv. lib. 4. c. 5.

LONDON:

PRINTED BY A. STRAHAN,
LAW-PRINTER TO THE KING'S MOST EXCELLENT MAJESTY,
FOR J. BUTTERWORTH, FLEET-STREET.

374/97

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THE

"HE design of the following work has been

to collect from every authentic source, and to ascertain, with as much precision as the subject would admit of, the genuine principles of the law of insurance; and fo to arrange and methodise them, that not only lawyers, but merchants and others, might, without much difficulty, acquire a competent knowledge of them.

It is now many years since I first conceived the idea of attempting such a work. But after I had made some progress in it, I perceived that, if completed upon the plan I had adopted, it would be found too abstract and elementary, to afford that assistance to the commercial world, or even to the profession of the law, which it was my ambition to render to both.--I perceived that the leading principles which govern contracts of insurance lie within a narrow compass; and that it is only the application of those principles to particular cases, that could form a work of general utility. My aversion to retrace my former steps, and to go again over the ground I had so recently trodden, concurring with other circumstances, induced me, at that time, to lay aside my design; and it was not till lately that I determined to resume it. But though, in my new undertaking, I have adopted a different plan, and made a new arrangement of the subject, still I found that

my

former

a 2

re.

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