Page images

A.D. 1906.


A.D. 1906.


Section 30.


as well in
own name as for and in the name and names of all and every other person or persons to whom policy.

Lloyd's S.G. the same doth, may, or shall appertain, in part or in all doth make assurance and canse

and them, and every of them, to be insured lost or not lost, at and from

Upon any kind of goods and merchandises, and also upon the body, tackle, apparel,
ordnance, monition, 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 or 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 loading thereof aboard the said ship,

apon the said ship, &c.

and so shall continue and endure, during her abode there, upon the said ship, &c. And
further, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and
merchandises whatsoever shall be arrived at
upon the said ship, &c., until she hath moored at anchor twenty-four hours in good safety;
and upon the goods and merchandises, antil the same be there discharged and safely landed.
And it shall be lawful for the said ship, &c., in this voyage, to pr eed and sail to and touch
and stay at any ports or places whatsoever
without prejudice to this insurance. The said ship, &c., goods and merchandises, &c., for
80 mach as concerns the assured by agreement between the assured and assurers in this policy,
are and shall be valued at

Touching the adventures and perils which we the assurers are contented to bear and do
take opon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers,
thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, arrests,
restraints, and detainments of all kings, princes, and people, of what nation, condition, or
quality soerer, barratry of the master and mariners, and of all other perils, losses, and mis-
fortunes, that have or shall come to the hurt, detriment, or damage of the said goods and
merchandises, and ship, &c., or any part thereof. And in case of any loss or misfortane it fSue and
shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel

for, in and about the defence, safeguards, and recovery of the said goods and merchandises,
and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof
we, the assurers, will contribute each ona according to the rate and quantity of his sum herein
assured. Aud it is especially declared and agreed that no acts of the insurer or insured in Waiver
recovering, saving, or preserving the property insured shall be considered as a waiver, or

acceptance of abandonment. And it is agreed by us, the insurers, that this writing or policy
of assurance shall be of as much force and effect as the surest writing or policy of assurance
heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And
so we, the assorers, are contented, and do hereby promise and bind ourselves, each one for his
own part, our heirs, executors, and goods to the assured, their executors, administrators, and
assigns, for the true performance of the premises, confessing ourselves paid the cousidoration
due unto us for this assurance by the assured, at and after the rate of

IN WITNESS wbereof we, the assurers, have subscribed our names and soms assured in

N.B.-Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, (Memo-
or the sbip be stranded-sugar, tobacco, hemp, flax, bides and skins are warranied free randum.;
from average, under five ponnds per cent., and all other goods, also the ship and freight,
are warranted free from average, under three pounds per cent, unless general, or the ship be

A.D. 1906,


[ocr errors]

A.D. 1906.

Rules for Construction of Policy.
The following are the rules referred to by this Act for. the construction of a policy in the above

or other like form, where the context does not otherwise require:-
Lost or not 1. Where the sub ect-matter is insured “ lost or not lost," and the loss has occurred before

the contract is concluded, the risk attaches unless, at such time the assured was aware of the

loss, and the insurer was not. From.

2. Where the subject-matter is insured from ” a particular place, the risk does not attach

until the ship starts on the voyage insured. Atand from. 3.-(a) Where a ship is insured “at and from a particular place, and she is at that place in [Ship.] good safety when the contract is concluded, the risk attaches immediately.

(6) If she be not at that place when the contract is concluded the risk attaches as soon as she arrives there in good safety, and, unless the policy otherwise provides, it is immaterial tbat

she is covered by another policy for a specified time after arrival.
[Freight.] (c) Where chartered freight is insured “at and from " a particular place, and the ship is at

that place in good safety when the contract is concluded the risk attaches immediately. If she
be not there when the contract is concluded, the risk attaches as soon as she arrives there in
good safety.

(d) Where freight, other than chartered freight, is payable without special conditions and is
insured at and from a particular place, the risk attaches pro rata as the goods or mercban-
dise are shipped ; provided that if there be cargo in readiness which belongs to the shipowner,
or which some other person has contracted with him to ship, the risk attaches as soon as the

ship is ready to receive such cargo. From the 4. Where goods or other moveables are insured “from the loading thereof,” the risk does loading thereof.

not attach until such goods or moveables are actually on board, and the insurer is not liable

for them while in transit from the shore to the ship. Safely 5. Where the risk on goods or other moveables continues until they are safely landed,” landed.

they must be landed in the customary manner and within a reasonable time after arrival at the

port of discharge, and if they are not so landed the risk ceases. Touch and

6. In the absence of any further license or usage, the liberty to touch and stay at any port stay.

or place whatsoever.” does not authorise the ship to depart from the course of her voyage from

the port of departure to the port of destination.
Perils of the 7. The term “perils of the seas” refers only to fortuitous accidents or casualties of the seas.

It does not include the ordinary action of the winds and waves.
Pirates. 8. The term “pirates ” includes passengers who mutiny and rioters who attack the ship from

the shore.
Thieves. 9. The term “ thieves” does not cover clandestine theft or a theft committed by any one of

the ship's company, whether crew or passengers. Restraint of 10. The term “arrests, &c., of kings, princes, and people” refers to political or executive priuces. acts, and does not include a loss caused by riot or by ordinary judicial process. Barratry. 11. The term “barratry” includes every wrongful act wilfully committed by the master or

crew to the prejudice of the owner, or, as the case may be, the charterer. All other 12. The term “all other perils” includes only perils similar in kind to the perils specifically perils. mentioned in the policy. Average 13. The term "average unless general means a partial loss of the subject-matter insured general.

other than a general average loss, and does not include particular charges.
Stranded. 14. Where the ship has stranded, the insurer is liable for the excepted losses, although

the loss is not attributable to the stranding, prorided that when the stranding takes place
the risk has attached and, if the policy be on goods, that the damaged goods are on board.

15. The term “ship" includes the hull, materials and outfit, stores and provisions for the
officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings
requisite for the trade, and also, in the case of a steamship, the machinery, boilers, and coals
and engine stores, if owned by the assured.



A.D. 1906.

16. The term “ freight” includes the profit derivable by a shipowner from the employment A.D. 1906. of his ship to carry his own goods or moveables, as well as freight payable by a third party, but

Freight. does not include passage money.

17. The term goods” means goods in the nature of merchandise, and does not include Goods. personal effects or provisions and stores for use on board.

In the absence of any usage to the contrary, deck cargo and living animals must be insured specifically, and not under the general denomination of goods.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

28 Geo, 3. c. 56.


An Act to repeal an Act made in the twenty. The whole Act so far as

fifth year of the reign of his present Ma- it relates to marine in.
jesty, intituled “An Act for regulating

Insurances on Ships, and on goods, mer-
chandizes, or effects,

," and for substi.
tuting other provisions for the like purpose
in lieu thereof.

[blocks in formation]

1. Justices acting for a borough under the Licensing Acts may act by a majority.
2. Short title and construction.

An Act to remove doubts as to the Commons, in this present Parliament assem-
manner in which the powers and

bled, and by the authority of the same, as

follows:duties of justices acting in and for a

1.-(1) It is hereby declared that where a Justices borough may be exercised under the

power may be exercised or a duty is to be per- acting for Licensing Acts, 1828 to 1904.

formed under the Licensing Acts, 1828 to under the [21st December 1906.] 1904, or under any rule or regulation inade Licensing

under those Acts or any of them, by justices Acts may Be it enacted by the King's most Excellent acting in and for a borough, including a county majority. Majesty, by and with the advice and consent borough (whether those justices are described of the Lords Spiritual and Temporal, and as the whole body of justices or otherwise), it

A.D. 1906. is lawful and shall be deemed always to have December nineteen hundred and six as between A.D. 1906.

been lawful for that power to be, and to have the parties to the proceedings in which the
beon, exercised and for that duty to be, and to judgment was pronounced or the order made,
have been, performed by a majority of the and any appeal from any such judgment or
justices present at a meeting of the justices order shall be decided as if this Act had not
assembled for the purpose.

2) Nothing in this Act shall prejudice the
operation or enforcement of any judgment or 2. This Act may be cited as the Licensing Short title
order of any court of competent jurisdiction Act, 1906, and may be cited and construed as struction.
pronounced or made before the first day of one with the Licensing Acts, 1828 to 1904.


Street Betting Act, 1906.


1. Betting in a street, &c.
2. Act not to apply to a racecourse.
3. Application to Scotland.
4. Application to Ireland.
5. Short title.


An Act for the Suppression of Betting for a term not exceeding six months with.
in Streets and other Public Places.

out the option of a fine, or on conviction
[21st December 1906.]

under the Summary Jurisdiction Acts to
a fine not exceeding thirty pounds or to

imprisonment, with
Be it enacted by the King's most Excellent

without hard Majesty, by and with the advice and consent of

labour, for a term not exceeding three the Lords Spiritual and Temporal, and Com.

months, without the option of a fine; mons, in this present Parliament assembled,

and shall in any case be liable to forfeit all and by the authority of the same, as follows:

books, cards papers, and other articles relat

ing to betting which nay be found in his
Betting in a 1.-(1) Any person frequenting or loitering possession.
street, &c.

in streets or public places, on behalf either of (2) Any constable may take into custody
himself or of any other person, for the purpose without warrant any person found committing.
of bookmaking, or betting, or wagering, or an offence under this Act, and may seize and
agreeing to bet or wager, or paying or receiving detain any article liable to be forfeited under
or settling bets, shall

this Act.
(a) in the case of a first offence be liable, (3) Any person who appears to the court to
on conviction under the Summary Juris- be under the age of sixteen years shall for the
diction Acts, to a fine not exc

xceeding purpose of this section be deemed to be under
ten pounds;

that age unless the contrary be proved, or
(b) in the case of a second offence be liable, unless the person charged shall satisfy the
on conviction under the Summary Juris- court that he had reasonable ground for
diction Acts, to a fine not exceeding believing otherwise.
twenty pounds; and

(4) For the purpose of this section the word
(c) in the case of a third or subsequent “street" shall include any highway and any
offence, or in any case where it is proved public bridge, road, lane, footway, square,
that the person whilst committing the court, alley, or passage, whether a thorough.
offence had any betting transaction with fare or not; and the words public place
a person under the age of sixteen years, shall include any public park, garden, or sea-
be liable on conviction on indictment to a beach, and any unenclosed ground to which the
fine not exceeding fifty pounds or to im. public for the time being have anrestricted
prisonment, with or without hard labour, access, and shall also include every enclosed

Act not to

A.D. 1906. place (not being a public park or garden) to Act, he shall be liable to imprisonment in A.D. 1906.

which the public have a restricted right of accordance with the provisions of the Summary
access, whether on payment or otherwise, if Jurisdiction Acts; an offence prosecuted
at or pear every public entrance there is con- summarily under this Act may be tried before
spicuously exhibited by the owners or persons the sheriff or before any magistrate of any
having the control of the place a notice royal, parliamentary, or police burgh officiat-
prohibiting betting therein.

ing under the provisions of any local or
2. Nothing contained in this Act shall apply

general Police Act. apply to a to any ground used for the purpose of a race- 4. In Ireland, where in pursuance of this application conrse for racing with borses or adjacent

to Ireland.

Act an order is made by a court of summary thereto on the days on which races take place. jurisdiction for a term of imprisonment not Application 3. In Scotland, “indictment" has the exceeding one month, without the option of a 10 Scotland.

same meaning as in the Criminal Procedure fine, the party against whom the order is
(Scotland) Act, 1887, and “passage” includes

made shall be entitled to appeal in like
common close or common stair or passage

manner as if the term of imprisonment exceeded leading thereto; and, in the event of an

one month. offender failing to make payment of a fine 5. This Act may be cited as the Street Short title. imposed under section 1 (1), (a) or (b), of this Betting Act, 1906.


CHAP. 44.

Burial Act, 1906.

). Consents under 18 & 19 Vict. c. 128. s.
2. Consents under 10 & 11 Vict. c. 65.
3. Short title.

[ocr errors]

0. 41.

An Act to amend the Law with respect hundred and six under any judgment or order
to the consents required for the use

of a court of competent jurisdiction or under
of ground for burials and the construc-

any agreement in writing, but if a dispute,

one of the parties to which is a burial authority tion of Cemeteries.

within the meaning of the Burial Act, 1900, 65 & 64 Vict. [21st December 1906.] arises under such an agreement as to any such

right, the dispute shall, if either party so Be it enacted by the King's most Excellent requires, be determined by the Local GovernMajesty, by and with the advice and consent ment Board either as arbitrators or otherwise of tbe Lords Spiritual and Temporal, and

at the option of the Board, in like manner as Commons, in this present Parliament as- if it were a difference which the Board are sembled, and by the authority of the same, as

authorised to determine under the Local 51 & 52 Vict. follows:

Government Act, 1888, and section sixty-three Consents 1. The consent of the owner, lessee, and

and subsections (1) and (5) of section eightyunder occupier of a dwelling-house to the use for

seven of that Act, as amended by any subse13 8319 Vict. burials of any ground used or appropriated

quent enactment, shall apply accordingly. for a burial ground or cemetery, mentioned in

2. In section ten of the Cemeteries Clauses Consents section nine of the Burial Act, 1855, shall not

Act, 1847, as incorporated with the Public 10 & 11 Vict. be and shall be deemed never to have been

Health (Interments) Act, 1879, “ one hundred c. 65. required in any case where the dwelling. yards” shall be snbstituted for two hundred 2 & 43 Vict. house is or was began to be erected or is or yards” as the distance from a dwelling-bouse was erected or completed after any part of

within which no part of a cemetery may be that ground has or bad been so used or

constructed without the consent of the owner, appropriated :

lessee, and occupier of the house. Provided that nothing in this section shall 3. This Act may be cited as the Burial Act, Short title. affect any rights acquired before the twenty- 1906, and may be cited with the Burial Acts, seventh day of November one thousand nine 1852 to 1900, as the Burial Acts, 1852 to 1906.

c. 31.

« EelmineJätka »