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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/mipa1909307.txt

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MARINE INSURANCE (GAMBLING POLICIES) ACT 1909

MARINE INSURANCE (GAMBLING POLICIES) ACT 1909 - LONG TITLE

An Act to prohibit Gambling on Loss by Maritime Perils.
[20th October 1909]
Prohibition of gambling on loss by maritime perils.

MARINE INSURANCE (GAMBLING POLICIES) ACT 1909 - SECT 1

1.(1) If

(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 marine 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,

(2) Any broker or other person through whom, and any insurer with
whom, any such contract is effected shall be guilty of an offence
and liable on summary 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 Act.

(3) Proceedings under this Act shall not be instituted without the
consent ... in Ireland of the Attorney-General for Ireland.

(4) Proceedings shall not be instituted under this Act 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 ben 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 Act.

(5) If proceedings under this Act 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 Act, 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.

Subs.(7) rep. by SLR 1980

(8) For the purposes of this Act the expression "owner" includes
charterer.

MARINE INSURANCE (GAMBLING POLICIES) ACT 1909 - SECT 2
Short title.

2. This Act may be cited as the Marine Insurance (Gambling
Policies) Act 1909 and the Marine Insurance Act, 1906, and this Act
may be cited together as the Marine Insurance Acts, 1906 and 1909.


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URL: http://www.bailii.org/nie/legis/num_act/mipa1909307.txt