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2. The applicant shall at the time of giving the notice make and subscribe in a book to be A.D. 1906.
kindred or alliance, or otherwise; and
within the district of the registrar or officer, and
the consent of the persons whose consent to the marriage is required by law has been
case may be.
4. The book in which the notice is entered, and the copy posted up, shall be open at all
B.- PROVISIONS AS TO FORBIDDING CERTIFICATE, AND AS TO CAVEATS.
6.-(a) Any person may enter with the registrar or officer a caveat against the granting of
(b) The registrar or officer shall examine into the inatter of the caveat and decide whether
ought not to obstruct the giving of the certificate.
PROVISIONS APPLICABLE IN SCOTLAND.
1. The applicant shall give a notice to the registrar of the parish or district in which he shall have resided for a period of not less than fifteen clear days previous to the giving thereof.
Such notice shall be in the form as nearly as may be set forth in Schedule A. to the Marriage 11 & 42 Vict. Notice (Scotland) Act, 1878, but shall state, in addition to the particulars therein set out, the
nationality of the parties to the intended marriage.
2. On the receipt of a notice of an intended marriage the registrar, being satisfied that the notice is conformable to the requirements of this Act, shall forthwith enter the particulars set forth in the notice in the Marriage Notice Book kept in terms of the Marriage Notice (Scotland) Act, 1878, and shall on the same day post or put up in a conspicuous and accessible place on the door or outer wall of his office a public notice of the intended marriage, in the form as nearly as may be set forth in the Schedule B. anpexed to the said last-mentioned Act, but stating, in addition to the particulars therein set out, the nationality of the parties to the intended marriage, and shall keep the same so posted or put up for seven consecutive days thereafter,
B.-PROVISIONS AS TO OBJECTIONS.
(6) The registrar shall refer any objection to the Registrar-General, who shall decide whether
Marine Insurance Act, 1906.
ABSTRACT OP THE ENACTMENTS.
Disclosure and Representations.
Assignment of Policy.
L088 and Abandonment.
63. Effect of abandonment.
64. Particular average loss.
Measure of Indemnity.
Rights of Insurer on Payment. 79. Right of subrogation. 80. Right of contribution. 81. Effect of under insurance.
Return of Premium. 82. Enforcement of return. 83. Return by agreement. 84. Return for failure of consideration.
Mutual Insurance. 85. Modification of Act in case of mutual insurance.
Supplemental. 86. Ratification by assured. 87. Implied obligations varied by agreement or usage. 88. Reasonable time, &c. a question of fact. 89. Slip as evidence. 90. Interpretation of terms. 91. Savings. 92. Repeals. 93. Commencement. 94. Short title.
An Act to codify the Law relating to
[21st December 1906.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Marine Insurance. Marine
1. A contract of marine insurance is a contiact whereby the insurer undertakes to in. demnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.
2.-(1) A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage.
(2) Where a ship in course of building, or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Act, in so far as applicable, shall apply thereto; but, except as by this section provided, nothing in this Act shall alter or affect any rule of law applicable to any contract of insurance other than a con
tract of marine insurance as by this Act defined. Marine ad
3.-(1) Subject to the provisions of this Act, venture and maritime every lawful marine adventure may be the perils de
subject of a contract of marine insurance.
(2) In particular there is a marine adven.
are exposed to maritime perils. Such
perils; (c) Any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of mari. time perils.
Maritime perils” means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seisures, restraints, and detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be designated by the policy.
Insurable Interest. 4.-(1) Every contract of marine insurance Avoidance of
wagering or by way of gaming or wagering is void.
gaming con(2) A contract of marine insurance is tracts. deemed to be a gaming or wagering contract(a) Where the assured has not an insurable interest as defined by this Act, and the contract is entered into with no
Mixed sea and land risks,
Insurable interest defined.
When interest must attach.
expectation of acquiring such an in
terest; or (b) Where the policy is made “interest or
no interest," or * without further proof
or subject to any other like term : Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer.
5.-(1) Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure.
(2) In particular a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure cr to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.
6.-(1) The assured must be interested in the subject matter insured at the time of the loss though he need not be interested when the insurance is effected :
Provided that where the subject matter is insured lost or not lost," the assured may recover although he may not have acquired bis interest until after the loss, unless at the time of eflecting the contract of insurance the assured was aware of the loss, and the insurer was not.
(2) Where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss.
7.-(1) A defeasible interest is insurable, as also is a contingent interest.
(2) In particular, where the buyer of goods has insured them, he bus an insurable interest, notwithstanding that he might, at his election, bave rejected the goods, or have treated them as at the seller's risk, by reason of the latter's delay in making delivery or otherwise.
8. A partial interest of any nature is in. surable.
9.-(1) The insurer under a contract of raarine insurance has an ingurable interest in his risk, and may re-insure in respect of it.
(2) Unless the policy otherwise provides, the original assured has no right or interest in respect of such re-insurance.
10. The lender of money on bottomry or respondentia has an insurable interest in respect of the loan.
11. The master or any member of the crew A.D. 1906. of a ship has an insurable interest in respect
Master's and of his wages.
seamen's 12. In the case of advance freight, the Advance person advancing the freight has an insurable freight. interest, in so far as such freight is not repayable in case of loss. 13. The assured has an insurable interest
insurance. in the charges of any insurance which he may effect.
14.-(1) Where the subject matter insured Quantum of is mortgaged, the mortgagor has an insurable interest in the full value thereof, and the mortgagee has an insurable interest in respect of any sum due or to become due under the mortgage.
(2) A mortgagee, consignee, or other person baring an interest in the subject matter insured may insure on behalf and for the benefit of other persons interested as well as for his own benefit.
(3) The owner of insurable property has an insurable interest in respect of the full value thereof, notwithstanding that some third person may have agreed, or be liable, to indem. nify him in case of loss.
15. Where the assured assigns or otherwise Assignment parts with his interest in the subject. matter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effect.
But the provisions of this section do not affect a transmission of interest by operation of law.
Insurable Value. 16. Subject to any express provision or
insurable valuation in the policy, the insurable value of value. the subject-matter insured must be ascertained as follows:(1) In insurance on ship, the insurable
value is the value, at the commence-
The insurable value, in the case of a
Defeasible or continkent interest.