USURPED POWER - By an article of the
printed proposals which are considered as making a part
of the contract of insurance it is provided, that "No
loss of damage by fire, happening by any invasion, foreign
enemy, or any military or usurped power whatsoever will
be made good by this company." Lord Chief J. Wilmot,
Mr. Justice Clive, and Mr. Justice Bathurst, against the
opinion of Mr. Justice Gould, determined that the true
import of the words usurped power in the proviso, was
an invasion, from abroad, or an internal rebellion, where
armies are drawn up against each other, when the laws
are silent, and when the firing of towns becomes unavoidable;
but that those words could not mean the power of a common
mob.
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