APPENDIX. FROM ELLIS ON THE LAW OF FIRE AND LIFE INSURANCE. No. I. Average Clause in Policy of Insurance against Fire. PROVIDED always and it is hereby declared, that in case the property insured by this policy in all the buildings, places, or limits above mentioned, shall at the breaking out of any fire, or fires, be collectively of greater value than the sum insured thereon, the said company shall pay and make good to the insured such a proportion only of the loss or damage sustained as the amount insured shall bear to the whole property aforesaid at the time when such fire or fires shall first happen. But it is at the same time declared that if the said insured shall, at the time of any fire, be insured in this or any other office, on any specific parcel of goods, or on goods in any specified building or buildings, place or places, included in the terms of this insurance, this policy shall not extend to cover the same, except only as far as relates to any excess of value beyond the amount of such specified insurance or insurances, which excess is hereby declared to be under the protection of this policy, and subject to average as aforesaid. No. II. Form of Policy of Insurance against Fire by the Corporation of the Royal Exchange Assurance of Houses and Goods from Fire. THIS present instrument or policy of assurance, witnesseth that whereas A. B. hath agreed to pay into the treasury of the Corporation of the Royal Exchange, London, for the assurance of from loss or damage by fire. Know all men by these presents, That the capital stock, estate, and securities of the said corporation shall be subject and liable to pay, make good, and satisfy unto the said assured, his heirs, executors, or administrators, apy loss or damage which shall or may happen by fire to the said goods and aforesaid, (except such goods as hemp, flax, tallow, pitch, tar, turpentine, glass, china, and earthenware, writings, books of accounts, notes, bills, bonds, tallies, ready money, jewels, pictures, gunpowder, hay, straw, and corn unthrashed,) within the space of twelve calendar months from the day of the date of this instrument or policy of assurance, not exceeding the sum of and shall so continue, remain, day of and be subject and liable as aforesaid, from year to year, to be computed from the in every year, for so long time as the said assured shall well and truly pay or cause to be paid, the into the treasury of the said corporation, on or before which shall be in each succeeding year, sum of the day of and the said corporation shall agree thereto by accepting and receiving the same; which said loss or damage shall be paid in money immediately after the same shall be settled and adjusted; or otherwise if the said loss or damage shall not be adjusted, settled, and paid within sixty days after notice thereof shall be given to the said corporation by the said assured, that then the said corporation, their officers, workmen, or assigns, shall, at the charge of the said corporation, at the end and expiration of the said sixty days, provide and supply the said assured with the like quantity of goods of the same sort and kind, and of equal value and goodness, with those burnt or damnified by fire. Provided always, nevertheless, and it is hereby declared to be the true intent and meaning of this deed or policy, that the said stock, estate, and securities of the said corporation shall not be subject or liable to pay or make good to the assured any loss or damage by fire which shall happen by any invasion, foreign enemy, or any military or usurped power whatsoever. Provided, also, that this deed or policy shall not take place or be binding to the said corporation until the premium for one year is paid, or in case the said assured shall hereafter make any other assurance upon the goods aforesaid, unless the same shall be allowed of and specified upon the back of this policy. Or if the said A. B. at the time when any such fire shall |