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1.D. 1906.

2. The applicant shall at the time of giving the notice make and subscribe in a book to be A.D. 1906.
kept by the registrar or officer for the purpose, an oath-
(a) that the applicant believes that there is no impediment to the marriage by reason of

kindred or alliance, or otherwise; and
(b) that the applicant has for three weeks immediately preceding had his usual residence

within the district of the registrar or officer, and
(c) if the applicant, not being a widower or widow, is under the age of twenty-one years, that

the consent of the persons whose consent to the marriage is required by law has been
obtained thereto, or that there is no person having authority to give that consent, as the

case may be.
3. The registrar or officer shall file every such notice and keep it with the archives of his
office, and shall forthwith enter in a book of notices to be kept by him for the purpose, and post
up in some conspicuous place in his office a copy of every such notice, and shall keep it so
posted up for at least twenty-one days.

4. The book in which the notice is entered, and the copy posted up, shall be open at all
reasonable times without fee to the inspection of any person.

B.- PROVISIONS AS TO FORBIDDING CERTIFICATE, AND AS TO CAVEATS.
5. Any person whose consent is required by law to marriages solemnised in England may
forbid the certificate by writing the word forbidden opposite to the entry of the application
in the book of notices, and by subscribing thereto his name and residence and the character by
reason of which he is authorised to forbid the certificate.

6.-(a) Any person may enter with the registrar or officer a caveat against the granting of
the certificate, signed by him or in his behalf and stating his residence and the grounds of his
objection.

(b) The registrar or officer shall examine into the inatter of the caveat and decide whether
it ought to obstruct the giving of the certificate or not, but he may if he thinks fit refer the
matter to the Registrar-General to decide. If the registrar or officer decides the question bim-
self, and decides that the caveat ought to obstruct the granting of the certificate, the applicant
for the certificate may appeal to the Registrar-General in manner provided by regulations made
under this Act.
(c) The caveat shall cease to operate
(i) if withdrawn by the persons entering it; or
(ii) if it is decided by the registrar or officer or by the Registrar-General on appeal that it

ought not to obstruct the giving of the certificate.

PART II.

PROVISIONS APPLICABLE IN SCOTLAND.

A.-CONDITIONS.

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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,

). 1906.

A.D. 1906.

B.-PROVISIONS AS TO OBJECTIONS.
3.-(a) Any person may enter with the registrar an objection against the granting of the
certificate signed by him or on his behalf, and stating his residence and the grounds of his
objection.

(6) The registrar shall refer any objection to the Registrar-General, who shall decide whether
it ought to obstruct the granting of the certificate or not, and shall instruct the registrar
accordingly, and the instructions so given shall be carried out by the registrar.
(c) The objection sball cease to operate-
(i) if withdrawn by the person entering it; or
(ii) if it is decided by the Registrar-General that it ought not to obstruct the granting of

the certificate.

CHAP. 41.

Marine Insurance Act, 1906.

ABSTRACT OP THE ENACTMENTS.

Marine Insurance.
1. Marine insurance defined.
2. Mixed sea and land risks.
3. Marine adventure and maritime perils defined.

Insurable Interest.
4. Avoidance of wagering or gaming contracts.
5. Insurable interest defined.
6. When interest must attach.
7. Defeasible or contingent interest.
8. Partial interest.
9. Re-insurance.
10. Bottomry.
11. Master's and seamon's wages.
12. Advance freight.
13. Charges of insurance.
14. Quantum of interest.
15. Assignment of interest.

Insurable Value.
16. Measure of insurable value.

Disclosure and Representations.
17. Insurance is uberrimae fidei.
18. Disclosure by assured.
19. Disclosure by agent effecting insurance.
20. Representations pending negotiation of contract.
21. When contract is deemed to be concluded.

The Policy.
22. Contract must be embodied in policy.
23. What policy must specify.
24. Signature of insurer.
25. Voyage and time policies.
26. Designation of subject-matter.
27. Valued policy.
28. Unvalued policy.
29. Floating policy by ship or ships.
30. Construction of terms in policy.
31. Premium to be arranged.

A.D. 1906.

A.D. 1906.

Double Insurance.
32. Double insurance.

Warranties, &c.
33. Nature of warranty.
34. When breach of warranty excused.
35. Express warranties.
36. Warranty of neutrality:
37. No implied warranty of nationality.
38. Warranty of good safety.
39. Warranty of seaworthiness of ship.
40. No implied warranty that goods are seaworthy.
41. Warranty of legality.

The Voyage.
42. Implied condition as to commencement of risk.
43. Alteration of port of departure.
44. Sailing for different destination.
45. Change of voyage.
46. Deviation.
47. Several ports of discharge.
48. Delay in voyage.
49. Excuses for deviation or delay.

Assignment of Policy.
50. When and how policy is assignable.
51. Assured who has no interest cannot assign.

The Premium.
52. When premium payable
53. Policy effected through broker.
54. Effect of receipt on policy.

L088 and Abandonment.
55. Included and excluded losses.
56. Partial and total loss.
57. Actual total lo88.
58. Missing ship.
59. Effect of transhipment, &c.
60. Constructive total loss defined.
61. Effect of constructive total loss.
62. Notice of abandonment.

63. Effect of abandonment.
Partial Losses (including Salvage and General Average and Particular Charges).

64. Particular average loss.
65. Salvage charges.
66. General average loss.

Measure of Indemnity.
67. Extent of liability of insurer for lo88.
68. Total loss.
69. Partial loss of ship.
70. Partial loss of freight.
71. Partial loss of goods, merchandise, &c.
72. Apportionment of valuation.
73. General average contributions and salvage charges.
74. Liabilities to third parties.
75. General provisions as to measure of indemnity.
76. Particular average warranties.
77. Successive losses.
78. Suing and labouring clause.

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A.D. 1906.

A.D. 1906.

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.

SCHEDULES.

insurance defined.

An Act to codify the Law relating to
Marine Insurance.

[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.
ture where
(a) Any ship goods or other moveables

are exposed to maritime perils. Such
property is in this Act referred to as

insurable property";
(b) The earning or acquisition of any
freight, passage money, commission, pro-
fit, or otber pecuniary benefit, or the
security for any advances, loan, or dis-
bursements, is endangered by the ex-
posure of insurable property to maritime

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,

fined.

4

A.D. 1906.

wages.

or

Insurable interest defined.

interest.

When interest must attach.

of interest.

expectation of acquiring such an in

terest; or (b) Where the policy is made “interest or

no interest," or * without further proof
of interest than the policy itself,'
* without benefit of salvage to the in-
surer,'

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

Charges of

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

Measure of

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-
ment of the risk, of the ship, including
her outfit, provisions and stores for the
officers and crew, money advanced for
seamen's wages, and other disburse.
ments (if any) incurred to make the
ship fit for ihe voyage or adventure
contemplated by the policy, plus the
charges of insurance upon the whole:

The insurable value, in the case of a
steamship, includes also the machinery,
boilers, and coals and engine stores if
owned by the assured, and, in the case
of a ship engaged in a special trade,
the ordinary fittings requisite for that
trade;

Defeasible or continkent interest.

Partial interest.

Re-insur-
ance.

Bottomry.

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