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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.

© 1909 Crown Copyright

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