Reasonable
time, etc. a question of fact.
Slip as evidence.
Interprc- lation of terms.
Savings.
Prohibition
of gambling
on loss by maritime perils.
24
88. Where by this Ordinance any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact.
89. Where there is a duly stamped policy, reference may be made, as heretofore, to the slip or covering note, in any legal proceeding.
90. In this Ordinance, unless the context or subject matter other- wise requires-
"action" includes suit counter-claim and set-off;
"freight" includes the profit derivable by a shipowner from the employ- ment of his ship to carry his own goods or moveables, as well as freight payable by a third party, but does not include passage money:
"moveables" means any moveable tangible property, other than the ship, and includes money, valuable securities, and other docu- ments: and
"policy" means a marine policy.
91. The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, shall continue to apply to contracts of marine insurance.
92, (1) I
(a) any person effects a contract of marine insurance without having any bona fide interest, direct or indirect, either in the safe arrival of the ship in relation to which the contract is made or in the safety or preservation of the subject matter insured, or a bona fide expectation of acquiring such an interest; or
(b) any person in the employment of the owner of a ship, not being a part owner of the ship, effects a contract of murine insurance in relation to the ship, and the contract is made "interest or no interest", or "without further proof of interest than the policy itself", or "without benefit of salvage to the insurer", or subject to any other like term,
the contract shall be deemed to be a contract by way of gambling on loss by maritime perils, and the person effecting it shall be guilty of an offence, and shall be liable, on conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both such fine and imprisonment and in either case to forfeit to the Crown any money he may receive under the contract,
(2) Any broker or other person through whom, and any insurer with whom, any such contract is effected shall be guilty of an offence
25
and liable on conviction to the like penalties if he acted knowing that the contract was by way of gambling on loss by maritime perils within the meaning of this section.
(3) Proceedings under this section shall not be instituted without the consent of the Attorney General,
(4) Proceedings shall not be instituted under this section against a person (other than a person in the employment of the owner of the ship in relation to which the contract was made) alleged to have effected a contract by way of gambling on loss by maritime perils until an opportunity has been afforded him of showing that the contract was not such a contract as aforesaid, and any information given by that person for that purpose shall not be admissible in evidence against him in any prosecution under this section.
(5) Lf proceedings under this section are taken against any person (other than a person in the employment of the owner of the ship in relation to which the contract was made) for effecting such a contract, and the contract was made "interest or no interest”, or “without further proof of interest than the policy itself", or "without benefit of salvage to the insurer", or subject to any other like term, the contract shall be deemed to be a contract by way of gambling on loss by maritime perils unless the contrary is proved.
(6) For the purpose of giving jurisdiction under this section, every offence shall be deemed to have been committed either in the place in which the same actually was committed or in any place in which the offender may be.
(7) For the purposes of this section the expression "owner" includes charterer,
(8) Nothing in this section shall affect the operation of section 4 of this Ordinance.
BE IT KNOWN THAT
SCHEDULE.
Form of Policy.
as well in
[*]
own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all dolb make assurance and cause
and them, and every of them, to be insured lost or not last, at and from Upon any kind of goods and merchandises, and also upon the body, tackle, Apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the
whereof is master under God, for this present voyage,
or whosoever else shall go for master in the said ship, or by whatsoever other name of names the said ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandises from the
Lion's S.Ch. Polley.