For the (possibly incorrect) implication that cl. 50 applies only in the maintenance period, see p. 168, N. 2.
8. DEFINITIONS OF EXCEPTED RISKS:
“riot” is a tumultous disturbance of the peace by three or more persons who assemble together, without lawful authority, with an intent mutually to assist one another, by force if necessary, against any who shall oppose them in the execution of a common purpose and who actually execute, or begin to execute, that purpose in a violent manner displayed not merely by demolishing property but in such a manner as to alarm “at least one person of reasonable firmness and courage”. v
“war” is “the state or condition of governments contending by force”. Where the word is used in a private document the question of whether there is a war or not is a question of fact. It is not necessary that the war is recognised by Her Majesty’s Government, although a court may be bound to accept a statement to that effect by the Government. w
The meaning of “invasion” is self-evident.
“act of foreign enemies” implies the existence of a war between the state and a foreign state. x
“hostilities (whether war be declared or not)” means “hostile acts by persons acting as the agents of sovereign powers, or of such organised and considerable forces as are entitled to the dignified name of rebels as compared to mobs or rioters, and does not cover the act of a mere private individual acting entirely on his own initiative, however hostile his action may be”. y
“civil war” is a contest carried on by arms between parties who are citizens of the same state.
“rebellion”. One definition is the taking-up of arms traitorously against the Crown whether by natural subjects or others when subdued. It also means disobedience to the process of the courts. z
“revolution” and “insurrection” are similar. The latter has been defined as a rising of the people in open resistance against established authority with the object of supplanting it. aa
“military or usurped power”. “Without using words of rigorous accuracy, military and usurped power suggests something more in the nature of war and civil war than riot and tumult…nor can it be properly contended that the words ‘military power’ do not refer to military power of a government lawfully exercised. The disjunctive ‘or’ is used between and contrasting the words ‘military’ and ‘usurped’. The words are not ‘usurped military power’.”
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