UF00076853_00443.pdf

Notices.

It is notified for general informa-
tion that the Government of Antigua
has approved the establishment of a
Central Planning Unit to advise Gov-
ernment on all aspects of develop-
ment including the co-ordination of
the functions of the various Ministries.
The functions will also include
research, the collection of data and
the preparation of development plans.



The persons listed hereunder have
been appointed to serve on the
Central planning Unit.

Hon. McC. GEORGB—Chairman
Dr. LIONEL THOMAS
Dr. C. LoCKDR
Mr. H. B. THOMPSON
,» H. G. DENNIS
, MAURICE MICHARL
+ «A. ALLEN
. ©. RABESS
.. MAURICE HENRY
, LESTROY WARNER
,. ANDREW HOLM
. E.G. Kk. CHALLENGER
5. JULIAN BRANCKER
,». ROLAND HENRY
The Government Chemist
Mr. R. KE. A. LAKE—Seeretary
,. NED GILKES.
Chief Minister's Office,
Administration Building,
St. John’s, Antigua.
23rd January, 1964.
Ref. No. A. 27/19.



It is notified for general informa-
tion that the Argentine Chargé
d’Affaires has notified the appoint-
ment of Mr. ALEJANDRO VINCENTE
URDAPiLLETA as Cousul General of
the Argentine in London with juris
diction including ‘‘the United King-
dom Overseas Territories not within
the district of an Argentine Consular
Officer ” «und with jurisdiction over
the Argentine Consular Officer at
Hong Kong.

Ag Mr. URDAPILLETA is a Consul-
General de carri¢re steps will be
taken for the issue of the Queen’s
Exequatur in his favour as soon as
his Commission of Appointment is
received. In the meantime Mr.
URDAPILLETA has been granted pro-
visional recognition in his consular
capacity.

Administration Building,

St. John's, Antigua.

24th January, 1964.
Ref. No. A. 19/3—II.

x
328, 7217

A624 ea

VIRGIN

VOL. IX.

THE

AND

ISLANDS GA






Published by Authority.

THURSDAY, 30TH JANUARY, 1964.

No. 6.





It is notified for general informa-
tion that Mr. CAROLUS LASSILA has
been accorded provisional recognition
as Consul of Finland in London with
jurisdiction over the territory of the
United Kingdom of Great Britain and
Northern Ireland and Dependencies,
pending the issne of Her Majesty’s
Exequatur.

Administration Building,
St. John’s,
Antigua.
24th January, 1964.

Ref No. A. 19/3—ITI

The Administrator under section 4
of the Sium-Clearance and Housing
Ordinance 1948 (No. 3 of 1948) has
been pleased to make the following
appointments :—

1. Mr. JOSEPH CORNWALL, ak a
member of the Central Housing
and Planning Authority, in place
of Mr. CLEMENT RA&ABESS.

2. Mr. MALCOLM DANIEL, to act
as Chairman of the Gentral Hous-
ing and Planning Authority,
during the period of absence of
Mr. D. SHEPPARD in England on
a course.

Administration Bialding
Anttgua.
22nd January, 1964.

Ref. No. P.W. C. 13/12—If

Public Transport Commission.

Itvis notified for general informa-
tion that His Honour the Adminis-
trator has, by virtue of the power and
authority vested in him under section
3 (1) of the Vehicles and Road Traffic
Ordinance, 1954 (No. 9 of 1954),
appointed the following persons to
serve on the Public Transport Com-
mission for a period of two years
from lst January, 1964, to 31st
December, 1965—

Inspector of Police, Chairman

Hon. I. G. Fonseca. MLC, JP

Mr. BERNARD PENN

The Supt. of Public Works

The Secretary, Works & Communi-
cations.

Admintatrator’s Office,
Tortola,
British Virgin Islands.
20th January, 1964.

It is notified for general informa-
tion that His Honour the Administra-
tor has been pleased to appoint the
undermentioned persons to the
Public Serviee Commission of the
Colony for a period of twelve months
from Ist January, 1964:—

Mr. C. R. HAMMERSLEY, M.B.E.
Chairman

Mr. N. BE. A. HARRIGAN, M.B.EB.

Member
Mr. F. M. Titnuny — Member

Mrs H. L. HARNEY — VWeniber
Administrator's Office,
Tortola, BVT.
13th January, 1964.

No. 8.

The following Ordinances are
circulated with this Gazette and form
part thereof:—

Virgin Islaiicds
No. 18 of 1961, * The Marine Ivanr-
ance Ordinance, 196].
39pp Price 87 cle.
No. 6 cf 1963, “The Passengers
Tax (Amendment) Ordinance, 1963.
d4pp Price 11cts.

TRADE MARKS OFFICE,
ANTIGUA 6th January, 1964.

THE SINGER COMPANY of 30
Rockefeller Plaza, New York State of
New York, U.8.A have applied for
Registration of one Trade Mark
consisting of the following:—

SINGER

Tn Class 6 in respect of machinery of
all kinds and parts of machinery,
except agricultural and horticultural
machines included in Class 6

in Class 8 in respect of philosophical
instruments, scientific instruments,
apparatus for useful purposes. In-
strnments and apparatus for teaching.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for about
14 years before the date of their suid
Application.

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat & Virgin Is-
lands Gazette give notice in duplicate
at the Trade Marks Office, Antigua, of
opposition to the said Trade Mark.

Victor EK. BROWN.
Ag. Registrar of Trade Marke.



34

In the Supreme Oourt of the
Windward Islands and
Leeward Islands.

ANTIGUA CIRCUIT



In Bankruptcy:

Re WILLIAM JEFFREY of Briggins
Road in the parish of Saint John
in the Colony of Antigna Res-
taurant Keeper.

Receiving Order made: 15th

January, 1964.
Cirenit of Court : Antigua
Date of Petition : 3rd May, 163.

Note: All debts due to the Estate

should be paid to me.

O. W. JACK.
Official Receiver.

Address: Magistrate’s Office,



THE ANTIGUA, MONTSERRRT & VIRGIN ISLANDS GAZETTE

Tonder Notice.

Tenders are hereby invited for the
purchase of a Morris Oxford Pickup
A.G. 1373; of the Klectricity Depart-
ment.

This Pickup may be inspected
daily, during working hours, at the
Government Mechanical Workshop,
by appointment with the Director of
Public Works.

Tenders should be submitted in
sealed envelopes marked ‘Tenders
For Klectricity Morris Oxford Pick-
up” and should be addressed to the
Administrative Secretary. Ministry of
Public Works and Communications,
Administration Building, Sr. John’s,
and shonld reach bis office not later
than 4 pom. on 7th February, 1964.

Government does noi hind itself to









[January 30, 1964
NOTICE TO IMPORTERS.

Goods which have not been remove
from the Queen’s Warehouse withi
three months will be sold by Publi
Auction at Customs Wharf, St. Mary’
Street, on Thursday 30th January
1964, at 2.30 p.m.

Importers who have passed war
rants on any of the items listed fo
sale are asked to remove them hefor
the day of the sale.

Jopies of the list of goods for sal
ean be seen at the Queen’s Warehouse
the Bonded Warehouse at the Poin
and the Customs Building.

KARL ©. PASTAINA,
Collector of Customs.
14/2/64,

RAINFALL FIGURES

Agricultural Tepartmeni,



Magistrate's Court, accept the highest or any tender. Antigua,
Long Street, 7 :
St. John’s, ra
Antigua. Ministey of Public Works and Month. 1960 198] 1962 1sE3 166
Dated the 16th day of January 1964. Communications. January 25th 3.66 1.98 614 418 21
BANKING STATISTICS—LEEWARD ISLANDS.
All figures in West Indian dollars.
Number of banks reporting : 4 (Barclays Bank (D.C. O.), Royal Bank of Canada.
Antigua Co-oparative Bank Lid. and the Bank of Nova Scotia)
Figures for the Quarter ended 30th September. 19638.
LIABILITIES. ASSETS,
$ $ $
1. Notes in circulation 5,234.40 1. Cash 1,139,013.2
2.2 Deposits 22,244,333.18 2. Balances due by other banks in the
Colony 285,846.6
(i) Demand 5,680,032.16
(ii) Time 2,843,371 48 1 3, Balances due from banks abroad
(iii) Savings 13,720,929.54 (ineluding Head Office or branches
outside the Colony) and other short
3. Balances due to:— «lains such as bills discounted
drawn on abroad 9,964,319.2
(a) Other banks in the Colony —_2,935,288.08
(i) U.K. $9,449,561.00
(b) Banks abroad (includ- (ii) U.S.A. 187,003.62
ing Head Office or (iii) Canada 164,228.19
branches ontside the (iv) Elsewhere 163,526.40
Colony 2,919,755.80
4, Loans and Advances 15,578,245.4
(i) U.K. 2,408,240.00 (a)Primary Production 6,056,687.60
“tii) U.S.A. 190,665.40
(iii) Canada 44,421.20 (6) Other Industries 1,668,054.20
(iv) Elsewhere 276 429.20 (c) Other Advances 7,853,503.68
4, Other Liabilities $882,544.72 | 5. Investments 286,903.2
6. Other Assets 1,732,828.4
$28,987,156.18 $28,987,156.1

Net Overseas Assets heldagainst Local Liabilities—$1,992,814.00

In substitution for Statistics in Gazette of 16th January, 1964.





January 30, 1964]

THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE,
TRADE MARKS OFFICE,

ANTIGUA 7th January, 1964.

35

ROTHMAN’S OF PALL MALL EXPORT LIMITED of 65 Pall Mall, London, 8. W. I. England have
applied for Registration of one Trade Mark consisting of the following:—



PALL MALL @®

n Class 45 in respect of all goods included in Class 45



$

ROLITMANS |





The Applicants claim that they have noi used the said Trade Mark in respect of the said yoods before the
‘date of their said Application.

Any person may within thrae months from the date of the first appeivanos of this Advertisement in the
Antigua, Montserrat & Virgin Islands Gazette give notice in duplicate at the Trade Marks Office, Antigua, of

Opposition to registration of the said Trade Mark.



Vicror BRown,

Acting Registrar of Trade Mark.

Notice to Importers



In accordance with the Trade and Revenue Ordinanae 1900, ag amended deposits which remain unclaimed
after a period of three months shall be paid into General Revenue as duty payable on goods for whieh deposit was

made.

The following deposits if not claimed by 3lat January, 1964, shall be Transferred to Revenne:—

1963
Date

Oct. 5
8

10

11

15

17

18

23

25
26

Importer

Nicholas Fuller
Caribbean Beach Club
Geo. W. B. Bryson
Mill Reef Club
Jos. Pharmaoy
Geo. W. B. Bryson
Richard Hackshaw
Carl Meyer

do
Geo. W. B. Bryson
Caribbean Beach Club
Geo. W. B. Bryson
H. C. Mallalieu
Peter Deeth

Printed at the Government Primting OMice, Antigua. Leeward stands,
by Ropert LINDSAY, Government Printer, —By Authority
1964.



Article

1 crate ice cube maker

9 ctns kitchen ware
1 bag iron clump
1 ofs clec. equipment
1 pke. medicine
12 pkgs. accessories
Samples
1 cfs alum. channels
2 ctns flash doors
10 bales paper bags
1 pky. racks
1 crate machine
1 o/s compressor
1 pkg. motor parts

Amount

235.00
202.00
47.00
26.00
19.00
32.00
21.00
59.00
126.00
24.00
65.00
70.00
14.00
60.00

$1000.00

E. O. PESTAINA,
Collector of Customs.






No. 18 of 1961. Marine Insurance. Vircin
IsLANDs.

[L.S. ]
I AssEnrt,
G. J. Bryan,
Administrator.
9th June, 1961.

VIRGIN ISLANDS.
No. 18 of 1961.

An Ordinance relating to marine insurance.

{BY PROCLAMAT ION | Commence-

ment.

ENACTED by the Legislature of the Colony
of the Virgin Islands.

INTRODUCTORY

1. This Ordinance may be cited as the Marine skort title.
Insurance Ordinance, 1961.

2. In this Ordinance, unless the context Interpre-
otherwise requires,— tation.

”

“action” includes counter-claim and set off;

“freight” ineludes the profit derivable by
a shipowner from the employment of his
ship to carry his own goods or moveables,
a3 well as freight payable by a third party,
but does not include passage money ;

‘“‘moverbles’? means any moveable tangible
property, other than the ship, and
includes money, valuable securities, and
other documents;

“policy ’’ means @ marine policy.



Vincin
IsLANnDs.

Application.

Saving of
rules of
common law.

Marine
insurance
defined,

Mixed sea
and land
visks,

Marine
adventure
and mari-time
perils defined,

2 Marine Insurance. No. 18 of 1961.
3. (1) This Act shall apply to contracts of
marine insurance:

Provided that it shall not apply to marine
insurance undertaken by the Government of the
Colony other than insurance extending beyond the
limits of the Colony.

(2) This Ordinance shall not apply to contracts
of murine insurance made before the commencement
of this’ Ordinance.

4. The rules of the common law, including
the law merchant, save in so far as they are
inconsistent with the express provisions of this
Ordinance, shall apply to contracts of marine
insurance,

Marine [NsuRANCE

5. A contract of marine insurance is a
contract whereby the insurer undertakes to indem-
nify the assured, in manner and to theextent thereby
agreed, against marine losses that is to say, the
losses incident to marine adventure.

6. (1) A contract of marine insurance may,
by its express terms, or by usage of trade, be
extended s0 as to protect the assured against losses
on inland waters or on any land risk which muy
be incidental to any sea voyage.

(2) Where # ship in course of building’, or
the launch of a ship, or any adventure analegous to
a marine adventure, is covered by « policy in the
form of a marine policy, the provisions of this
Ordinance, in so far as applicable, shall apply
thereto; but except as by this section provided,
nothing in this Ordinance shall alter or affect any
rale of law applicable to any contract of insurance
other than a contract of marine insurance as by this
Ordinance defined.

7. (1) Subject to the provisions of this
Ordinance, every lawful marine adventure may be
the subject of a contract of marine insurance.

(2) In particular there is a marine adventure
where—



THE MARINE INSURANCE ORDI

VIRGIN ISLAND



ARRANGEMENT OF SECTIONS

Section
INTRODUCTORY
1. Short title.
2. Interpretation.
3. Application.
4. Saving of rules of common law.
MARINE INSURANOR
5. Marine insurance defined.
6. Mixed sea and land risks.
7. Marine adventure and maritime perils defined.
INSURABLE INPEREST
8. Avoidance of wagering or gaming contracts.
9. Insurable interest defined.
10. When interest must attach.
11. Defeasible or contingent interest.
12. Partial interest.
13. Re-insurance.
14. Bottomry.
15. Master's and seamen’s wages.
16. Advance freight.
17. Charges of insurance.
18. Quantam of interest.
19. Assignment of interest.
20. Prohibition of gambling on logs by maritime perils.
21. Measure of insurable value.
DISCLOSURE AND REPRESENTATIONS
22. Insurance is uberrims fidei.
23. Disclosure by ussured.
24. Disclosure by agent effecting insurance.
25. Representations pending negotiation of contract.
26. When contract is deemed to be concluded.
THE POLICY
27. Contract must be embodied in policy. |
28. What policy must specify.
29, Signature of insurer.
30. Voyage and time.
31. Designation of subject matter.
82. Valued policy.
33. Unvalued policy.
. 84. Floating policy by ship or ships.
xX 35. Construction of terms in policy.
: 36, Premium to be arranged,

~

ba
V

3.7 O97



37,

38.

40.
41.
42.

44,
45.
46.

47.
48.
49.
50.
51.
52.
53.
54.

55.

57.
58.
59.

60.
61.
62.
63.
64.
65.
66.
67.
68.

69.
70.
71,

2

DOUBLE INSURANCE
Double insurance.
WARRANTIES, ETC.

Nature of warranty.

When breach of warranty excused.

Express warranties.

Warranty of nentralivy.

No implied warranty of nationality.

Warranty of good safety.

Warranty of seaworthiness of ship

No implied warranty that goods are seaworthy.
Warranty of legality.

THE VOYAGE

Implied condition as to commencement of risk,
Alteration of port of departure.

Sailing for different destination.

Change of voyage.

Deviation.

Several ports of discharge.

Delay in voyage.

Excuses for deviation or delay.

ASSIGMENT OF POLICY

When and how policy is assignable.
Assured who has no interest cannot assign.

THD PREMIUM

When premipm payable.
Policy effected through broker.
Effect of receipt on policy.

Loss AND ABANDONMENT

Included and excluded losses.
Partial and total loss.

Aotual total loss.

Migsing ship.

Effect of transhipment, Etc.
Constructive total loss defined.
Effect of constructive total loss.
Notice of abandoment.

Effeot of abandonment.

PARTIAL LOSSES (INCLUDING SALVAGH AND GENERAL

AVERAGE AND PARTIOULAR CHARGES)

Particular average logs.
Salvage charges.
General average loss.



72.
73.
74.
15.
76.
77.
1d.
79.

80.

81.
82.
83.

84.
85.
86.

87.
88.
89,

90.

91.
92.
93.
94.

95.

Malyore OF INDEMNITY

Extent of liability 0 insurer for loss.
otal loss.

Partial loss of Ship.

Partial loss. of freight.

Partial “ioss of goods, merchandise, Eto.
Apportionment of valuation.

General average contributions and salvage charges
Liabilities to third parties.

General provisions as to measure of indemnity.
Particular average warranties.
Successive losses.

Suing and labouring clause.

RIGHTS OF INSURER ON PAYMENT

Right of subrogation.
Right of contribution.
Effect of under insurance.

RETURN OF PREMIUM

Enforcement of return.
Return by agreement.
Return for failure of consideration.

MUTUAL INSURANCE
Modification of Act in case of mutual insurance.
SUPPLEMENTAL

Ratification by assured.

Implied obligations varied by agreement or usage.
Reasonable time Eto. u question of fact.

Slip as evidence.

COMMENCEMENT

Commencement,






No. 18 of 1961. Marine Insurance. 3

(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,
profit, or other pecuniary benefit, or
the security for any advances, loan,
or disbursements, is endangered by
the exposure 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
maritime 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, seizures, 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

8. (1) Every contract of marine insurance
by way of gaming or wagering is void.

(2) A contract of marine insurance is deemed
to be a gaming or wagering contract—

(a) where the assured has not an
insurable interest as defined by this
Ordinance, and the contract is entered
into with no expectation of acquiring
such an interest; or

(1) where the policy 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;

Virain
Isnanpbs.

Avoidance of ,
wagering or
gaming
contracts.



VIRGIN
ISLANDS.

Insurable
interest
defined,

When interest
must attach.

Defeasible or
contingent
interest,

Partial
interest,

Re-insurance,

4 Marine Insurance. ‘No. 18 of 1961.

Provided that, where there is no possibility of
salvage, a policy may be effected without benefit of
salvage to the insurer.

9. (1) Subject to. the provisions of this
Ordinance, every person has an insurable interest
who is interested in a marine adventure.

(2) In particular a person ia interested in a
marine adventure where he stands in any legal or
equitable relation to the adventure or 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.

10. (1) The assured must be interested in
the subject-matter unsured 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 his interest until
after the loss, unless at the time of effecting 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.

11. (1) A defeasible interest is insurable, as
also is a contingent interest.

(2) In particular, where the buyer of goods
has insured them, he has an insurable interest, not-
withstanding that he might, at his election, have
rejected the goods, or have treated them as at the
seller’s risk, by reason of the latter’s delay in
makiny delivery or otherwise.

12. A partial interest of any nature is
insurable.

13. (1) The insurer under a contract of
marine insurance hasan insurable interest in his
risk, and may re-insure in respect of it,



No. 18 of 1961. Marine Insurance. 5

(2) Unless the policy otherwise provides, the
original assured has no right or interest in respect
of such re-insurance.

14. The lender of money on bottomry or
respondentia has an insurable interest in respect of
the loun.

15. The master or any member of the crew
of a ship has an insurable interest in respect of his
wages.

16. In the case of advance freight, the
person advancing the freight has an insurable inter-
est, in so far as such freight is not repayable in case
of loss.

17. The assured has un insurable interest in
the charges of any insurance which he may. effect.

18. (1) Where the subject-matterjineured is
mortgaged, the mortgagor has un 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 mortage.

(2) A mortgagee, consignee, or other person
having an interest in the subject-matter insured
may insure on belialf and for the benefit of other
persons interested as well as for his own _ benefit.

(3) The owner of insurable property has un
insurable interest in respect of the full value thereof,
notwithstanding that some third person may have
agreed, or be liable, to indemnify him in case of
loss.

19. Where the assured assigns or otherwise
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
axsignee to that effect.

But the provisions of this section do not affect
a transmission of interest by operation of law.

VIRGIN
IsiaNDSs.

Bottomry,

Master’s and
seamen's
wages,

Advance
freight.

Charges of
insurance,

Quantum of
interest,

Assigment,
of interest.



VIRGIN
IsLanps.

Prohition of
gambling
on los: by
maritime
perils.

6 Marine Insurance. No. 18 of 1961.
20. (i) lf—

(«) any person effects a contract of marine in-
surance 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 fida expectation
of acquiring such an interest; or

(6) any person in the employment of the
owner of a ship, not being a part owner
of the ship effects a contract of marine
iMsurance 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,

the contract shall be deemed to be a contract by
way of gambling on loss by maritime perils, and
the person effecting it shall be guilty of an offence,
and shall be liable, on ee conviction, to
imprisonment, with or without hard labour, for a
term not exceeding six months or two a fine not
exceeding six hundred dollars in the currency of
the United States of America, aud in either case to
forfeit to the Crown any money he may receive
under the contract.

(2) Any broker or other person through
whom, and any insurerswith whom, any such con-
tract 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 Ordinance.

(3) Proceedings under this Ordinance shall
not be instituted without the consent of the Crown
Attorney.

(4) Proceedings shall not be instituted under
this Ordinanee against a person (other than a
person in the employment of the owner of the ship
in relation to which the contract was wade) alleged



No. 18 of 1961. Marine Insurance. 7

to have effected a contract by way of gambling on
loss by maritime perils until an oppotunity has been
afforded, him of showing that the contract was not
such a contract us aforesaid, and any information
given by that person for that purpose shall not be
admissible in evidence against him in any _prosecu-
tion under this Ordinance.

(5) If proceedings under this Ordinance are
taken against any person (other than a person in
the employment of the owner of a 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 Ordinauce, 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.

(7) For the purposes of this section the
expression “owner ” includes charterer.

InsuRABLE VALUE

21. Subject to any express provision or
valuation in the policy, the insurable value of the
subject-matter insured must be ascertained as
follows:—

(1) In insurance on ship, the insurable value
is the value, at the commencement of the
risk, of the ship, including her outfit,
provisions and stores for the officers and
crew, money advanced for seumen’s
wages, and other disbursements (if any)
incurred to make the ship fit for the
voyage or adventure contemplated by the
policy, plus the charges of insurance upon
the whole:

VIRGIN
ISLANDS.

Measure of
insurable
value.



VIRGIN
IsLANDS.

Insurance is
uberrimae

fidei,

Disclosure
by assured.

8 Marine Insurance. No. 18 of 1961.

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

(2) In insurance on freight, whether pnid in
advance or otherwise, the insurable value
is the gross amount of the freight at the
risk of the assured, plus the charges of
insurance;

(3) In insurance on goods or merchandise,
the insurable value is the prime cost of
the property insured, plus the expenses
of and incidental to shipping and the
charges. of insurance upon the whole;

(4) In insurance on any other subject-matter,
the insurable value is the amount at the
risk of the assured when the policy
attaches, plus the charges of insurance.

DiIscLOSURE AND REPRESENTATIONS.

22. contract based upon the utmost good faith, and, if
the utmost good faith be not observed by either
party, the contract may be avoided by the other

party.

28. (1) Subject to the provisions of this
section, the assured must disclose to the insurer,
before the contract is concluded, every material
circumstance which is known to the assured, and
the assured is deemed to know every circumstance
which, in the ordinary course of business, ought to
be known by him. If the assured fails to make
such disclosure, the insurer may avoid the contract.

(2) Every circumstance is material which
would influence the judgment of » prudent insurer
in fixing the premium, or determining whether he
will take the risk.

(8) In the absence of inquiry the following
circumstances need not be disclosed, namely:—



No. 18 of 1961. Marine Insurance. 9

(a) any circumstance which diminishes
the risk;

(4) any circumstance which is known or
presumed to be known to the insurer. The
insurer is presumed to know matters of com-
mon notoriety or knowledge, and matters
which an insurer in the ordinary course of his
business, as such, ought to know;

(c) any circumstance as to which infor-
mation is waived by the insurer;

(@) any circumstance which it is super-
fluous to disclose by reason of any express
or implied warranty.

(4) Whether any particular circumstance,
which is not disclosed, be material or not is, in
each case, a question of fact.

(5) The ‘term “circumstance” includes any
communication made to, or information received
by, the assured.

24. Subject to the provisions of the pre-
ceding section as to circumstances which need not
be disclosed, where an insurance is effected for the
assured by an agent, the agent must disclose to the
insurer—

(a) every material circumstance which is
known to himself, and an agent to insure is
deemed to know every circumstance which ia
the ordinary. course of busines ought to be
known by, or to have been communicated to,
him; and

(5) every material circumstance which
the assured is bound to disclose, unless it
come to his knowledge too late to communi-
cate it to the agent

25. (1) Every material representation made
by tle assured or his agent to the insurer during
the negotiations for the contract, and before the
contract is concluded, must be true. If it be un-
true the insurer may avoid the contract.

Viren
ISLANDS.

Disclosure
by agent
effecting
ineurance.

Represen-
tations
pending
negotiation of
contract,



VIRGIN
ISLANDs.

When con-
tract is
deemed to

be concluded,

Contract
must be
einbodied in
policy,

What policy

must specify.

10 Marine Insurance. No. 18 of 1961.

(2) A representation is material which would
influence the judgment of a prudeut insurer in
fixing the premium, or determining whether he
will take the risk.

(3) A representation may be either a repre-
sentation as to a matter of fact, or as to a matter
of expectation or belief.

(4) A representation as toa matter of fact is
true, if it be substantially correct, that is to say, if
the difference between what is represented and
what is actually correct would not be considered
material by a prudent insurer.

(5) A representation as to a matter of expec-
tation or belief is true if it be made in good faith.

(6) A representation may be withdrawn or
corrected before the contract is concluded.

(7) Whether a particular representation be
be material or not is, in each case, a question of
fact.

26. A contract of marine insurance is
deemed to be concluded when the proposal of the
assured is accepted by the insurer, whether the
policy be then issued or not; and, for the purpose
of showing when the proposal was accepted,
reference may be made to the slip or covering note
or other customary memorandum of the contract,
although it be unstamped.

Tue Poticy.

27. Subject to the provisions of any Act,
@ contract of marine insurance is inadmissible i
evidence unless it is embodied in a marine policy in
accordance with this Ordinance. The policy may
be executed and issued either at the time when the
contract is concluded, or afterwards.

28. A murine policy must specify—

Q) the name of the assured, or of some per-
son who effects the insurance on his

behalf;

(2) the subject-matter insured and the risk
insured against;



No. 18 of 1961. Marine Insurance. 11 Vira@in
IsLANDS.
(3) the voyage, or period of time, or both, as
the case may be, covered by the insurance;

(4) the sum or sums insured;

(5) the name or names of the insurers.

29. (1) A marine policy must be signed by signature
or on behal! of the insurer, provided that in the of issurer.
ease of a corporation the corporate seal may be
sufficient, but nothing in this section shall be
construed as requiring the subscription of a corpo-
ration to be under seal.

Where a policy is subscribed by or on
behalf of two or more insurers, each subscription,
unless the contrary be expreseed, constitute a
district contract with the assured.

30. (1) Where the contract is to insure the Voyage and

subject-matter ‘at and from’, or from one place ‘™™¢

to another or others, the policy is called a ‘“ voyage

policy’, and where the contract is to insure the
subject-matter for a definite period of time the

policy is exlled a ‘time policy”. A contract for

both voyage and time may be included in the

game policy.

(2) A time policy which is made for any time
exceeding twelve months is invalid.

Provided that a time policy may contain an
agreement.to the effect that, in the event of the
ship being at sea or the voyage being otherwise
not completed on the expiration of the policy, the
subject-matter of the insurance shall be held
covered uitil the arrival of the ship at her destina-
tion, or for a rersonable time thereafter not exceed-
ing thirty days; and the policy shall not be invalid
on the ground only that by reason of such agree-
ment it may become available for a period exceed-
ing twelve months.

Si. (1) The subject-matter insured must be Designation

jOTé j ‘ rine i 7} of subject
desigiated in a marine policy with reasonable >. ¢t¢¥
certainty.

(2) The nature and extent of the interest of
the assured in the subject-matter insured need not
be specified in the policy.



VirGin
IsLANDs.

Valued
policy,

Unvalued ;
policy.

Floating
policy by

ship or ships.

12 Marine Insurance. No. 18 of 1961.

(3) Where the policy disignates the subject-
matter insured in general terms, it shall be construed
to apply to the interest intended by the assured to
be covered.

(4) In the application of this section regard
shall be had to any usage regulating the designation
of the subject-matter insured.

32. (1) A policy may be either valued or
unvalued.

(2) A valued policy is a policy which specifies
the agreed value of the subject-matter insured.

(3) Subject to the provisions of this Ordinance,
and in the absence of fruad, the value fixed by the
policy is, us between the insurer and assured, con-
elusive of the insurable value of the subject intended
to be insured, whether the loss be total or partial.

(4) Unless the policy otherwise provides, the
value fixed by the policy is not conclusive for the
purpose of determining whether there has been a
constructive total loss.

38. An unvalued policy is a policy which
does not specify the value of the subject-matter in-
sured, but, subject to the limit of the sum insured,
leaves the insurable value to be subsequently
ascertained, in the manner herein-before specified.

34. (1) A floating policy is a policy which
describes the insurance in geieral terms, and leaves
the name of the ship or ships and other particulars
to be defined by subsequent declaration.

(2) The subsequent declaration or declarations
may be made by indorsement on the policy, or in
other customary manner.

(3) Unless the policy otherwise provides, the
declaration must be made in the order of dispatch
or shipment. They must, in the case of goods,
comprise all consignments within the terms of the
policy, and the value of the goods or other property
must be honestly stated, but an omission or erroneous
declaration may be rectified even after loss or arrival,
provided the omission or declaration was made in

good faith.



No. 18 of 19:1. Marine Insurance. 13

(4) Unless the policy otherwise provides,
where a decluration of value is not made until after
notice of loss or arrival, the policy must be treated
as an unvalued policy as regards the subject-matter
of that declaration.

35. (1) A policy may be in the form in the
Schedule to this Ordinance.

(2) Subject to the provisions of this Ordinance,
and unless the context of the policy otherwise re-
quires, the terms and expressions mentioned in the
Schedule to this Ordinance shall be construed as
having the scope and meaning in that Schedule
assigned to them.

36. (1) Where an insurance is effected at a
premium to be arranged, and no arrangement is
made, a reasonable premium is payable.

(2) Where an insurance is effected on the terms
that an additional premium is to be arranged in a
given event, and that event happens but no arrange-
ment is made, then a reasonable additional premium
is payable.

DousLE [NsvRANCE

37. (1) Where two or more policies are
effected by or on behalf of the assured on the same
adventure and interest or any part thereof, and the
sums insured exceed the indemnity allowed by this
Ordinance, the assured is snid to be over-insured by
double insurance.

(2) Where the assured is over-insured by
double insurance—

(a) the assured unless the policy other-
wise provides, may claim payment from the
insurers in such order as he may think fit, pro-
vided that he is not entitled to receive any
gum in excess of the indemnity allowed by this
Ordinance;

(6) where the policy under which the
assured claims is a valued policy, the assured
must give credit as against the valuation for
any sum received by him under any other
policy without regard to the actual value of the
subject-matter insured ;

VIRGIN
IsLanpbs.

Construction
of terms in
policy.

Premium to
be arranged,

Double
insurance,



VIRGIN
IsLanps.

Nature of
warranty.

When breach
of warranty
excused,

14 Marine Insurance. No. 18 of 1961.

(c) where the policy under which the
assured claims is en unvalued policy he must
give credit, as against the full insurable value,
for any sum received by him under any other
policy; ©

(a) where the assured receives any sum.in
excess of the indemnity allowed by this Ordi-
nanee, he is deemed to hold such sum in trust
for the insurers, according to their right of
contribution among themselves.

WarnantTIEs, Ere.

38. (1) A warranty, in the following sec-
tions relating to warranties, means 1 promissory
warranty, that is to say, a warranty by which the
assured undertakes that some particular thing shall
or shall not be done, or that some condition shall be
fulfilled, or whereby he affirms or negatives the
existence of a particular state of facts.

(2) A warranty may be express or implied.

(8) A warranty, as above defined is a condition
which must be exactly compiled with, whether it be
material to the risk or not. If it be not so complied
with, then, subject to any express provision in the
policy, the insurer is discharged from liability as
from the date of the breach of warranty, but without
prejudice to any liability incurred by him before
that date.

39. (1) Non-compliance with a warranty is
excused when, by reason of a change of cireum-
stances, the warranty ceases to be applicable to the
circumstances of the contract, or when compliance
with the warranty is rendered unlawful by any
subsequent law.

(2) Where a warranty is broken, the assured
cannot avail himself of the defence that the breach
has been remedied, and the warranty complied with,
before loss.

(3) A breach of warranty may be waived by
the insurer,



No. 18 of 1961. Marine Insurance. 15

40. (1) An — warranty may be in any
form of words from which the intention to warrant
is to be inferred.

(2) An express warranty must be included in,
or written upon, the policy, or must be contained in
some document incorporated by reference into the
policy.

(3) An express warranty doves not exclude
an implied warranty, unless it be inconsistent
therewith.

41. (1) Where insurable property, whether
ship or goods, is expressly warranted neutral,
there is an implied condition that the property
shall have a neutral character ut the commencement
of the risk, and that, so far as the assured can con-
trol the matter, its’ neutral character. shall be
preserved during the risk.

(2) Where a ship is expressly warranted
‘“‘ neutral” there is also an implied condition that,
so far as the assured can control the matter, she
shall be properly documented, that is to say, that
she shall carry the necessary papers to establish her
neutrality, and that she shal] not falsify or suppress
her papers, or use simulated papers. If any loss
occurs through breach of this condition, the insurer
may avoid the contract.

42. There is noimplied warranty as to the
nationality of a ship, or that her nationality shall
not be changed during the risk.

43. Where the subject-matter insured is
warranted ‘‘ well” or ‘‘in good safety’ on a parti-
cular day, it is sufficient if it be safe at any time
during that day.

44. (1) In a voyage policy there is an
implied warranty that at the commencement of the
voyage the ship shall be seaworthy for the purpose
of the particular adventure insured.

(2) Where the policy attaches while the ship
is in port, there is also an implied warranty that
she shall, at the commencement of: the risk, be
reasonably fit to encounter the ordinary perils of

the port.

VIEGIN
ISLANDS.

Express
warranties.

Warranty of
neutrality.

No implied
warranty of
nationality.

Warranty of
good safety,

Warranty
of sea
worthiness
of ship.



VirGin
ISLANDS.

No implied
warranty
that goods
are sea-
worthy,

Warranty of
legality.

Implied
condition
as to com-
mencment
of risk.

16 Marine Insurance. No. 18 of 1961.

(3) Where the policy relates to a voyage
which is performed in different stayes, during
which the ship requires different kinds of or further
preparation or equipment, there is an implied war-
ranty that at the commencement of each stage the
ship is seaworthy in respect of such preparation or
equipment for the purposes of that stage.

(4) A ship is deemed to be seaworthy when
she is reasonably fit in all respects to encounter the
ordinary perils of the seas of the adventure insured.

(5) In a time policy there is no implied war-
ranty that the ship shall be seaworthy at any stage
of the adventure, but where, with the privity of the
assured, the ship is sent to sea in an unseaworthy
state, the insurer is not liable for any loss attribu-
table to unseaworthiness.

45. (1) In a policy on goods or other
moveables there is no inplied warranty. that the
goods or moveables are seaworthy.

(2) In a voyage policy on goods or other
moveables there is an implied warranty that
at the commencement of the voyage the ship is not
only seaworthy as a ship, but also that she is
reasonably fit to carry the goods or other moveables
to the destination contemplated by the policy.

46. There isan implied warranty that the
adventure insured is a lawful one, and that, so far
asthe assured can control the matter, the adven-
ture shall be carried out in a lawful manner.

Tue Voyage

4'7. (1) Where the subject-matter is insured
by a voyage policy “at and from” or “from” a
particular place, it is not necessary that the ship
shall be at that place when the contract is concluded,
but there is an implied condition that the adventure
shall be commenced within a reasonable time, and
that if the adventure be not so commenced the
insurer may avoid the contract.

(2) The implied condition may be negatived
by showing that the delay was caused by circum-
stances known to the insurer before the contract.
was concluded, or by showing that he waived the
condition,



No. 18 of 1961. Marine Insurance. 17

_ 48. Where the place of departure is speci-
fied by the polily, and the ship instead of sailing
from that place sails from any other place, the risk
does not attach.

49. Where the destination is specified in the
policy, and the ship, instead of spiling for that
destination, sails for any other destination, the risk
does not attach.

50. (1) Where, after the commencement of
the risk, the destination of the ship is voluntarily
changed froin the destination contemplated by the
policy, there is said to be a change of voyage.

(2) Unless the policy otherwise provides,
where there is a change of vayage, the insurer is
discharged from liability as from the time of
change, that is to say, as from the time when the
determination to change it is manifested; and it is
immaterial that the ship may not in fact have left
the course of voyage contemplated by the policy
when the loss occurs.

51. (1) Wherea ship, without lawful excuse,
deviates froin the voyage contemplated by the
policy, the insurer is discharged from liability as
from the time of deviation, and it is immaterial
thatthe ship may have regained her route before
any loss occurs.

(2) There is a deviation from the voyage
contemplated by the policy —

(a) where the course of the voyage is spe-
cially designated by the policy, and that
course 1s departed from; or

(b) Where the course of the voyage is not
specifically designated by the policy, but
the usual and customary course is depart-
ed from.

(3) The intention to deviate is immaterial;
there must be a doviation in fact to discharge
the insurer from his liabiliiy under the contract,

Vircin
IsLanps.
Alteration

of port of
departure.

Sailing for
different
destination,

Change of
voyage.

Deviation.



VIRGIN
IsLANDs.

Several
ports of
discharge.

Delay in
voyage.

Excuses
for deviation
or delay. °

18 Marine Insurance. No. 18 of 1961.

52. (1) Where several ports of discharge
are specified by the policy, the ship may proceed to
all or any of them, but in the absence of any usage
or sufficient cause to the contrary, she must proceed
to them, or such of them as she goes to, in the
order designated by the policy. If she does not,
there is a deviation.

(2) Where the policy is to “ports of dis-
charge’, within a given area, which are not named,
the ship must, in the absence of any usage or suffi-
cient cause to the contrary, proceed to them, or
such of them as she goes to, in their geographical
order. If she does not, there is a deviation.

53. In the case of a voyage policy, the
adventure insured must be prosecuted throughout
its course with reasonable dispatch, and, if without
lawful excuse it is not so prosecuted, the insurer is
discharged from liability as from the time when the
delay became unreasonable.

54. (1) Deviation or delay in prosecuting
the voyage contemplated by the policy is excused—

(a@) where authorised by any special term in
the policy; or

(6) where caused by circumstances beyond
the control of the master and his
employer; or

(c) where reasonably necessary in order to
comply with an express or implied war-
ranty; or

(d) Where reasonably necessary for the safety
of theship or subject-matter insured; or

(e) for the purpose of saving human life, or
aiding a ship in distress where human
life may be in danger; or

(f) Where reasonably necessary for the pur-
pose of obtaining medical or surgical aid
for any person on board the ship; or

(g) Where caused by the barratrous conduct
of the master or crew, if barratry be one
of the perils insured against.



No. 18 of 1961. Marine Insurance. 19

(2) When the cause excusing the deviation or
deluy ceases to operate, the ship must resume her
course, and prosecute her voyage, with reasonable
dispatch.

ASSIGNMENT OF Po.icy

65. (1) A marine policy is assignable
unless it contains terms expressly prohibiting
assignment. It may be assigned either before or
after loss.

(2) Where o marine policy has been assigned
so ay to pass the beneficial interest in such policy,
the assignee of the policy is entitled to sue thereon
in his own name; and the defendant is entitled to
make any defence arising out of the contract which
he would have been entitled to make if the action
had been brought in the name of the person by or
on behalf of whom the policy was effected.

(3) A marine policy may be assigned by
indorsement thereon or in other customary manner.

56. Where the assured has parted with or
lost his interest in the subject-matter insured, and
has not, before or at the time of so doing, expressly
or impliedly agreed to assign the policy, any subse-
quent assignment of the policy is inoperative:

Provided that nothing in this section affects
the assignment of a policy after loss.

Tue Premium

57. Unless otherwise agreed, the duty of
the assured or his agent to pay the premium, and
the duty of the insurer to issue the policy to the
assured or his agent, are concurrent conditions, and
the insurer is not bound to issue the policy until
payment or tender of the premium.

58. (1) Unless otherwise agreed, where a
marine policy is effected on behalf of the assured
by a broker, the broker is directly responsible to
the insurer for the premium, and the insurer is
directly responsible to the assurad for the amount
which may be payable in respect of losses, or in
respect of returnable premium.

VirGix
ISLANDS

When and
how policy is
assignable.

Assured who
has no in-
terest cannot
assign.

When pre-
mium
payable.

Policy
effected
through
broker,



Viren
IsLANDSs.

Effect of
receipt on
policy.

Included and
excluded
losses,

20 Marine Insurance. No. 18 of 1961.

(2) Unless otherwise agreed, the broker has,
as against the assured, a lien upon the policy for the
amount of the premium and his charges in respect of
effecting the policy; and, where he has dealt with
the person who employs him as a principal, he has
also a lien on the policy in respect of any balance
on any insurance account which may be due to him
from such person, unless when the debt was incurred
he had reason to believe that such person was only
an agent.

59. Wherea marine policy effected on behalf
of the assured by a broker acknowledges the receipt
of the premium, such acknowledgement is, in the
absence of fraud, conclusive as between the insurer
and the assured, but not as between the insurer and
broker.

Loss anp ABANDONMENT

60. (1) Subject to the provisions of this
Ordinance, and unless the policy otherwise provides,
the insurer is liable for any loss proximately caused
by a peril insured against, but, subject as aforesaid,
he is not liable for any loss which is not proximately
caused by a peril insured aguinst.

(2) In particular—

(a) the insurer is not liable for any loss
attributable to the wilful misconduct
of the assured, but, unless the policy
otherwise provides, he is liable for
any loss proximately caused by a
peril insured against, even though
the loys would not have happened
but for the misconduct or negligence
of the master or crew;

(6) unless the policy otherwise provides,
the insurer on ship or goods is not
liable for any loss proximately
caused by delay, although the delay
be caused by a peril insured against;

(c) unless the policy otherwise provides,
the insurer is not liable for ordinary
wear and tear, ordinary leakage and



No. 18 of 1961. Marine Insurance. 21

breakage, inherent vice or nature of
the subject-matter insured, or for
any loss proximately caused by rats
or vermin, or for any injury to
machinery not proximately caused
by maritime perils.
61. (1) A loss may be either total or partial.
Any loss other than « total loss, as hereinafter
defined, is a partial loss.

(2) A total loss may be either anfactual total
loss, or a constructive total loss.

(3) Unless a different intention appears from
the terms of the policy, an insurance against total
loss includes a constructive, as well as an actual
total loss.

(4) Where the assured brings an action for a
total loss and the evidence proves only a partial loss,
he may, unless the policy otaerwise provides,
recover for a partial loss.

(5) Where goods reach their destination in
specie, but by reason of obliteration of marks, or
otherwise, they are incapable of indentification, the
loss, if any, 1s partial, and not total.

62. (1) Where the subject-matter insured is
destroyed, or so damaged us to cease to be a thing
of the kind insured, or where the assured is
irretrievably deprived thereof, there is an actual
total loss.

(2) In the case of an actual total loss no notice
of abandoment need be given.

63. Where the ship concerned in the
adventure is missing. and after the lapse of a
reasonable time no news of her has been received,
an actual total loss may be presumed.

64. \Where, by a peril insured against, the
voyage is interrupted at an mtermediate port or
place, under such circumstances as, apart from any
special stipulation in the contract of affreightment,
to justify the master in landing and re-shipping the
goods or other moveables, or in transhipping them,
and sending them on to their destination, the
liability of the insurer continues, notwithstanding
the landing or wranshipment.

VIRGIN
IsLANDS.

Partial and
total loss.

Actual total
loss.

Missing ship.

Effect of
tranship-
ment, &c.



Vircin
IsLaNDs.
Constructive

total loss
defined.

22 Murine Insurance. No. 18 of 1961.

65. (1) Subject to any express provision in
the policy there is a constructive total loss where
the subject-matter insured is reasonably abandoned
on account of its actual total loss appearing to be

unavoidable, or because it could not be preserved

from actual total loss without an expenditure which
would exceed its value when the expenditure hus
been incurred.

(2) In particular, there is a constructive total
oss—

(i) Where the assured is deprived of the
possession of his ship or goods by a
peril insured against, and

(a) it is unlikely that he can recover
the ship or goods, as the case
may be, or

(b) the cost of recovering the ship
or goods, as the case may be,
would exceed their value when
recovered; or

(ii) in the case of damage to a ship, where
she is so damuged by a peril insured
against that the cost of repairing the
damage would exceed the value of
the ship when repaired.

In estimating the cost of repairs, no
deduction is to be made in respect
of general average contributions to
those repairs payable by other
interests, but account is to be taken
of the expense of future salvage
operations and of any future general
average contributions to which the
ship would be liable if repaired; or

(iii) in the case of damage to goods, where
the cost of repairing the damage
and forwarding the goods to their
destination would exceed their value
on arrival.



No. 18 of 1961. Marine Insuranee. 23

66. Where there is a constructive total loss
the assured may either treat the loss as a partial loss,
or abandon the subject-matter insured to the insurer
and treat the,loss as if it were an actual total loss.

67. (1) Subject to the provisions of this
section, where the assured elects to abandon the
subject-matter insured to the insurer, he must give
notice of abandonment. If he fails to doso the
loss can only be treated as a partial loss.

(2) Notice of abandonment may be given
in writing, or by word or mouth, and may be given
in any terms which indicate the intention of
the assured to abandon his insured interest in the
subject-matter insured unconditionally to the
insurer,

(3) Notice of abandonment must be given with
reasonable diligence after the receipt of reliable
information of the loss, but where the information
is of a doubtful character the assured is entitled to
a reasonable time to make inquiry.

(4) Where;notice of abandonment is properly
given, the rights of the assured are not prejudiced
by the fact thatjthe insurer refuses to accept the
abundonment.

(5) The acceptance of an abandonment may
be either express or implied from the conduct of the
insurer. The mere silence of the insurer after
notice is not an acceptance.

(6) Where'notice of abandonment is accepted
the abandonment is irrevocable. Thesncceptance of
the notice conclusively admits liability for the loss
and the sufficiency of the notice.

(7) Notice of abandonment is unnecessary
where, at the time when the assured receives infor-

mation of the loss, there would be no possibility of °

benefit to the insurer if notice were given to him.

(8) Notice of abandonment may be waived by
the insurer.

(9) Where an insurer has re-insured his risk,
no notice of abandonment need be given by him.

ViRGIN
ISLANDS.

Effect of
constructive
total loss,

Notice of
abandonment.



Vv IRGIN
IsLanps.

Effect of
Abandonment,

Particular
average loss,

jalvage
tharges.

24 Marine Insurance. No. 18 of 1961.

68. (i) Where thereis « valid abandonment
the insurer is entitled to take over the interest of
the assured in whatever may remain of the subject-
matter insured, and ail proprietary rights inciden-
tal thereto.

(2) Upon the abandonment of a ship, the
insurer thereof is entitled to any freight in course of
being earned, and which is earned by her subse-
quent to the casualty causing the loss, less the
expenses of earning it incurred after the casualty ;
and, where the ship is carrying the owner's goods,
the insurer is entitled to arcasonable remuneration
for the carriage of them subsequent to the casualty
causing the loss.

Partian Losses (INCLUDING SALVAGE AND
GENERAL AVERAGE AND ParvricuLaR
CHARGES)

69. (i) A particular average lose is a
partial loss of the subject matter insured, caused by

a peril insured against, and which is not a general:
average loss.

(2) Expenses incurred by or on behalf of the
assured for the safety or preservation of the
subject-matter insured, other than general average
and salvage charges, are culled particular charges.
Particular charges are not included in particular
average, .

70. (1) Subject to any express provision in
the policy salvage charges incurred in preventing a
loss by perils insured against may be recovered as
a loss by perils.

(2) “Salvage charges” means the charges
recoverable nnder maritime law by a salvor indepen-
dently of contract. They Jo not include the
expenses of services in the nature of salvage
rendered by the assured or bis agents, or any
person employed for hire by them, for the purpose
of averting a peril insured against. Such expenses,
where properly ineurred, may be recovered as

-particular charges or 2» a general average loss,

according to the circumstances under which they
were incurred.



No. 18 of 1961. Marine Insurance. 25

71. (J) A general average loss is a loses
caused by or directly consequential on a general
averave act. It includes a general average expen-
diture as well as a general average sacrifice.

(2) There is a general average act where any
extra-ordinary sacrifice or expenditure is voluntari-
lv and reasonably made or incurred in time of peril
for the purpose of preserving the property
imperilled in the common adventure.

(5) Where there is a genernl average loss, the
party on whom it falls is entitled, subject to the
conditions imposed by maritime law, to a rateable
contribution from the other parties interested, and
such contrilution is called a general average contri-
bution.

(4) Subject to uny express provision in the
policy, where the assured has incurred a general
average expenditure, he may recover from the
insurer in respect of the proportion of the loss
which falls upon him; and, in the case of a general
average sncrifice, he may recover from the insurer
in respect of the whole loss without having enforced
his right of contribution from the other parties
liable to contribute.

(5) Subject to any express provision in the
policy, where the assured has paid, or is liable to
pay, « general average contribution in respect of the
subject “insured, he may recover therefor from the
insurer,

(6) In the absence of express stipulation, the
insurer is not liable for any general average loss or
contribution where the loss was not incurred for
the purpose of avoiding or in connection with the
avoidance of, a peril insured against.

(1) Where ship, freight, and cargo, or any
two cf those interests, are owned by the same
assured, the linbility of the insurer in respect of
gen ral average losses or contributions is to be
determined ax if those subjects were owned by
difierent persous.

Virain
IsLANDS.

General
averaye loss,



VIRGIN

IsLANDs.

Extent of
liability
insurer for
loss.

Total loss,

Partial loss
of ship.

26 Marine Insurance. No. 18 of 1961.

Measure or [INDEMNITY

72. (1) The sum which the avsured can
recover in respect of a loss on a policy by which he
is insured, in the case of an unvalued policy to the
full extent of the insurable value, or, in the case of
a valued policy to the full extent of the value fixed
by the policy, is called the measure of indemnity.

(2) Where there is a loss recoverable under
the policy, the insurer, or each insurer if there be
more than one, is liable for such proportion of the
measure of indemnity as the amount of his sub-
scription bears to the value fixed by the policy in
the case of a valued policy, or to the insurable value
in the case of an unvalued policy.

78. Subject to the provisions of this Ordi-
nance and to any express provision in the policy,
where there is a total loss of the subject-matter
insured,—

(1) if the policy be a valued policy, the
measure of indemnity is the sum fixed by
_the policy;

(2) if the policy be an unvalued policy, the
measure of indemnity is the insurable
value of the subject-matter insured.

74. Where a ship is damaged, but is not
totally lost, the measure of indemnity, subject to
any eXpress provision in the policy, is as follows:—

(1) where the ship has been repaired, the
assured is entitled to the reasonable cost
of the repairs, less the customary deduc-
tions, but not exceeding the sum insured
in respect of any one casualty;

(2) where the ship has been only partially
repaired, the assured is entitled to the
reasonable cost of such repsirs, computed
as ubove, and also to be indemnified for
the reasonable depreciation, if any, arising
from the unrepaired damage, provided
that the aggregate amount. shall not
exceed the cost of repairing the whole
damage, computed as above;



No. 18 of 1961. Marine Insurance. 27

(3) where the ship has not been repaired, and
has not been sold in her damaged state
during the risk, the assured is entitled to
be indemnified for the reasonable depreci-
aiion arising from the unrepaired damage,
but not exceeding the reasonable cost of
repairing. such damage, computed as
above.

75. Subject to any express provision in the
policy, where there is a partial loss of freight, the
measure of indemnity is such proportion of the sum
fixed by the policy in the case of a valued policy, or
of the insurable value in the case of an unvalued
policy, as the proportion of freight lust by the
assured bears to the whole freight at the risk of the
assured under the policy.

76. Where there is a partial loss of goods,
merchandise, or other moveables, the measure of
indemnity, subject to any express provision in the
policy, is as follows:—

(1) where part of the goods, merchandise or
other moveables insured by a valued
policy is totally lost, the measure of
indemnity is such proportion of the sum
fixed by the policy as the insurable value

of the part lost bears to the insurable -

value of the whole, ascertained us in the
case of an unvalued policy ;

(2) where part of the goods, merchandise, or
other moveables insured by an unvalued
policy is totally lost, the meusure of indem-
nity is the insurable value of the part lost,
ascertained as in the case of total loss:

(8) where the whole or any part of the goods
or merchandise insared has been delivered
dumaged at its destination, the measure of
imdemnity is such proportion of the sum
fixed by the policy in the csse of a valued
policy, or of the insurable value in the case
of an unvalued policy, as the difference
between the gross sound and damaged
values at the place of arrival bears to the
gross sound value;

VirGIN
ISLANDS.

Partial loss
of freight.

Partial loss
of goods,
merchandise,
&e,



Viner ©
IsLANnDs.

Apportion- ©
ment of
valuation,

General
average
contributions
and salvage
charges.

28 Marine ([nsurance. No. 18 of 1961.

(4) ‘“ Gross value’? means the wholesale price,
or, if there be no such price, the estimated
value, with, in either case, freight, landing
charges, and duty paid beforehand; pro-
vided that, in the case of goods or
merchandise customarily sold in bond, the
bonded price is deemed to be the gross
value. “Gross proceeas”’ means the
actual price obtained at a sale where all
charges on sale are paid by the sellers.

77. (1) Where different species of property
are insured under a single valuation, the valuation
must be apportioned over the different species in
proportion to their respective insurable values, as in
the case of an unvalued policy. ‘The insured value
of any part of a species is such proportion of the
total insured value of the same as the insurable value
of the part bears to the insurable value of the whole,
ascertained in both cases as provided by this
Ordinance.

(2) Where » valuation has to be apportioned,
and particulars of the prime cost of each separate
species, quality, or description of goods cannot be
ascertained, the division of the valuation may be
made over the net arrived sound values of the
different species, qualities, or descriptions of goads.

78.. (1) Subject to any express provision in
the policy, where the assured has paid, or is liable
for, any general averaye contrioution, the measure
of indemnity i is the full amount of such contribution,
if the subject matter liable to contribution ig insured
for its full contributory value; but, if such subject-
matter be not insured for its full contributory value,
orif only part. of it be insured, the indemnity payable
by the insurer must be reduced in proportion to the
underinsurance, and where there has been a particular
average loss which constitutes 4 deduction from the
contributory value, and for which the insurer is
liable, that amount must be deducted from the
insured value in order to ascertain what the msurer
is liable to contribute.

(2) Where the insurer is lable for salvage
charges the extent of his liability must be determmed
on the like principle.



No. 18 of 1941. Marine Insurance. 29

79. Where the assured has effected an insur-
ance in express terms against any liability to a third
party, the measure of indemnity, subject to any
express provision in the policy, is the amount paid or
payable by him to such third party in respect of such
hability.

80. (1) Where there has been a loss in re-
pect of any subject-matter not expressly provided
for in the foregoing provisions of this Ordinance, the
measure of indemnity shall be ascertained as nearly
as may be, in accordance with those provisions, in
so far as applicable to the particular case.

(2) Nothing in the provisions of this Ordinance
relating to the measure of indemnity shall affect the
rales relating to double insurance, or prohibit the
insurer from disproving interest wholly or in part,
or from showing that at the time of the loss the
whole or any part of the subject-matter insured was
not a risk under the policy.

81. (1) Where the subject-matter insured is
warranted free from particular average, the assured
cannot recover for a loss of part, other than a loss
incurred by a general average sacrifice, unless the
contract contained in the policy be apportionable;
but, if the contract be apportionable, the assured
muy recover for a total lost of any apportionable
part.

(2) The subject-matter insured is warranted
free from particular average, either wholly or under
a certain percentage, the insurer is nevertheless liable
for salvage charges, and for particular charges and
other expenses properly incurred pursuant to the
provisions of the suing-and labouring clause in order
to avert a loss insured against.

(3) Uuless the policy otherwise provides,
where the subject-matter insured is warranted free
from particular average under a specified percentage,
a general average loss cannot be added toa particular
average loss to make up the specified percentage.

(4) For the purpose of ascertaining whether
the specified percentage has been reached, regard
rball be had only to the actual loss suffered by the

VirGin
IsLANDs.
Liabilities
to third
parties,

General pro-
visions as to
measure of
indemnity.

Particular
average
warranties.



VIRGIN

IsLANDS.

Successive
losses.

Suing and
labouring
clause.

30 Marine Insurance. No. 18 of 1961.

subject-matter insured. Particular charges and the
expenses of and incidental to ascertaining and prov-
ing the loss must be excluded.

82. (1) Unless the policy otherwise pro-
vides, and subject to the provisions of this
Ordinance, the insurer is liable for successive losses,
even though the total amount of such losses may
exceed the sum insured.

(2) Where, under the same policy, a partial
loss, which has not been repaired or otherwise made
good, is followed by a total loss the assured can
only recover in respect of the total loss:

Provided that nothing in this section shall
affect the liability of the insurer under the suing and
labouring clause.

83. (1) Where the policy contains » suing
and labouring clause, the engagement thereby
entered into is deemed to be supplementary to the
contract of insurance, and the assured may recover
from the insurer any expenses properly incurred
pursuant to the clause, notwithstanding that the
insurer may have paid for a total loss, or that the
subject-matter may have been warranted free from
particular average, either wholly or under a certain
percentage. .

(2) General average losses and contributions
and salvage charges, us defined by this Ordinance,
are not recoverable under the suing and labouring
clause.

(3) Expenses incurred for the purpose of
averting or diminishing any loss not covered by the
policy are not recoverable under the suing and
labouring clause.

(4) It is the duty of the assured and his agents
in all cases, to take such measures as may be
reasonable for the purpose of averting or minimising
8 loss,



No. 18 of 1961. Marine Insurance. 31

Ricats or Insurrr on PAYMENT

84. (1) Where the insurer pays for a total
loss, either of the whole, or in the case of goods
of any apportionable part, of the subject-matter
insured, he thereupon becomes entitled to take over
the interest of the assured in whatever may remain
of the subject-matter so paid for, and he is thereby
subrogated to all the rights and remedies of the
assured in and in respectof that subject-matter as
from the time of the casualty cansing the loss.

(2) Subject to the foregoing provisions where
the insurer pays for a partial loss, he acquires no
title to the subject-matter insured, or such part of
itas may remain, but he is thereupon subrogated to
all rights and remedies of the assured in and in
respect of the subject-matter insured as from the
time of the casualty causing the loss, in so far as
the assured has been indemnified, according to this
Ordinance, by euch payment for the loss.

85. (1) Where the assured is over-insured
by double insurance, each insurer is bound, as
between himself and the other insurers, to contribute
rateably to the loss in proportion to the amount for
which he is liable under his contract.

(2) If any insurer pays more than _ his
proportion of the loss, he is entitled to maintain an
action for contribution against the other insurers,
and is entitled to the like remedies as a surety who
has paid more than his proportion of the debt.

86. Where the assured is insured for an
amount less than the insurable value or, in the case
of a valued, policy, for an amount less than the
policy valuation, he is deemed to be his own insurer
in respect of the uninsured balance.

RETURN oF PREMIUM

87. Where the premium or a proportionate

part thereof is, by this Ordinance, declared to be.

returnable—

(a) if already paid, it may be recovered by
the assured from the insurer; and

VirGin
ISLANDS.

Right of
subrogation.

Right of
contribution.

Effect of
under in-
surance,

Enforcement
of return,



Vircix
IsLaANDs.

Return by
agreement.

32 Marine Insurance. No. 18 of 1961.

(6) if unpaid, it may be retained by the
assured or his agent.

88. Where the policy contains a stipulation
for the return of the premium, or a proportionate
part thereof, on the happening ol a certain event, and
that event happens, the premium, or, as the case
may be, the proportionate part thereof, is thereupon
returnable to the assured.

89. (1) Where the consideration for the
payment of the premium totally fails, and there has
been no fraud or illegality on the part of the
assured or his agents, the premium is thereupon
returnable to the assured.

(2) Where the consideration for the payment
of the premium is apportionable and there is a total
failure of any apportionable part of the considera-
tion, a proportionate part of the premium is, under
the like conditions, thereupon returnable to the
assured.

(3) In particular—

(a) Where the policy is void, or is
avoided by the insurer as from the
commencement of the risk, the
premium is returnable provided that
there has been no fraud or illegality
on the part of the assured; but if the
risk is not spportionable, and has
‘once attached, the premium is not
returnable;

(6) where the subject-matter insured, or
part thereof, has never been imperilled
the premium, or, as the case may
be, a proportionate part thereof, is
returnable:

Provided that where the subject-
matter has been insured “lost or
not lost” and has arrived in safety
at the time when the contract is
concluded, the premium is not
returnable unless, at such time,
the insurer knew of the safe arrival.



No. 18 of 1961. Marine Insurance. 33

(c) Where the assured has no insurable

interest throughout the currency of
the risk, the premium is returnable,

Vircin
ISLANDS.

provided that this rule does not apply -

to a policy effected by way of gaming
or wagering ;

(@) Where the assured has a defeusible

interest which is terminated during
the currency of the risk, the premiu
is not returnable;

(ce) Where the assured has over-insured

M

under an unvalued policy, a propor-
tionate part of the premium is
returnable;

subject to the foregoing provisions,
where the assured has over-insured
by double insurance, 4 propor-
tionate part of several premiums is
returnable:

Provided that, if the policies are
effected at different times, and any

. earlier policy has at any time borne

the entire risk, or if a claim has been

paid on the policy in respect of *

the full sum insured thereby, no
premium is returnable in respect of
that policy, and when the double
insurance is effected knowingly by
the assured premium is returnable.

Morvat Insurance

90. (1) Where two or more persons mutu-
ally agree to insure each other against marine
losses there is said to be a mutual insurance.

(2) The provisions of this Ordinance relating
to the premium do not apply to mutual insurance,
but a guarantee, or such other arrangement as may
be agreed upon, may be substituted for the premium.

a

Modification
of Ordinance
in case of
mutual
insurance.



Viren
IsLanns.

Ratification
by assured,

Implied
obligations
varied by
agreement
or usage,

Reasonable
time, &e. a
question of
fact.

Slip as
evidence.

34 Marine Insurance. No. 18 of 1961.

(3) The provisions of this Ordinance, in so far
as they may be modified by the agreement of the
parties, may in the case of mutual insurance be
modified by the terms of the policies issued by the
association, or by the rules and regulations of the
association.

(4) Subject to the exceptions mentioned in
this section, the provisions of this Ordinance apply
to a mutual insurance.

SUPPLEMENTAL

91. Where a contract of marine insurance is
in good faith effected by one person on behalf of
another, the person on whose behalf it’is effected
may ratify the contract even after he is aware of a
loss.

92. (1) Whereany right, duty, or liability
would arise under a contract of marine insurance
by implication of law, it may be negatived or varied
by express agreement, or by usage, if the usage be
such as to bind both parties to the contract.

(2) The provisions of this section extend to
any right, duty, or liability declared by this Ordi-
nance which may be lawfully modified by
agreement,

98. Where by this Ordinance any reference
is made to reasonable time, reasonable premium, or
reasonable diligence, the question what is reasonable
is a question of fuct.

94. Where there is a policy which is duly
stamped or not chargeable with stamp duty, refer-
ence may be made in any legal proceeding to the
slip or covering note (although such slip or note is
not stamped) for the same purposes and to the same
extent 1s may be made in similar proceedings in the
United Kingdom on the commencement of this
Ordinance.

CoMMENCEMENT

956 This Ordinance shall come into operation
on a date to be appointed by the Administrator by
Proclamation published in the Gazette.

G. J. Bryan,
President.



No. 18 of 1961. Marine Insurance. 35 Viren
IsLanps.
Passed the Legislative Council the Ist day of
June, 1961.

Rate T. O’NEAL,
Clerk of the Council.

SCHEDULE:

Form oF Po.ricy
Section 35.

Be it known that as wellin Lloyd's 8, G.
policy.

own name as for and in the name and names of all
and every other person or persons to whom the
same doth, may, or shall appertain, in part or in
all doth make assurance and cause

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, ordinance, munition,
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 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.

upon 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 ordinance, 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, until the same be there
discharged and safely landed. And it shall be law-
ful for the said ship, &c., in this voyage, to proceed
and sail to and touch and stay at any ports or
places whatsoever



VIRGIN
IsLANDs.

(Sue and
Labour
clause)

(Waiver
clause)

36 Marine Insurance. No. 18 of 1961.

without prejudice to this insurance. The said
ship, &c., goods and merchandises, &c., for so much
as concerns the assured by agreement between the
aasured 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 upon
us in this voyage: they are of the seas, men of war,
fire, enemies, pirates, rovers, thieves, jettisons, let-
ters of mart and countermart, suprisals, takings at
sea, arrests, restraints, and detainments of all kings,
princes, and people, of what nation, condition, or
quality soever, barratry of the master and mariners,
and of all other perils, losses, and misfortunes, that
have or shall come to the hurt, detriment, or
damage of the said goods and merchandises, ‘und
ship, &c., or any part thereof. And in case of any
loss or misfortune it shall be lawful to the assured,
their factors, servants and assigns, to sue, labour,
and travel for, in and about the defence, safeguarde,
and recovery of the said goods and merchandises,
and ship, &e., or any part thereof, without prejudice
to this insurance; to the charges whereof we, the
assurers, will contribute each one according to the
rate and quantity of his sum herein assured. And
it is especially declared and agreed that no acts of
the insurer or insured in recovering, saving, or
preserving the property insured shall be considered
as a waiver, or acceptance of abondonment. And
it isugreed by us, the insurers, that this writing or
policy of assurance shall be of as much force and
effect ay 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 assurers, 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 considera-
tion due unto us for this assurance. by the assured,
at and after the rate of

In Witness whereof we, the assurers, have
subscribed our names and sums assured in London.



No. 18 of 1961. Marine Insurance. 37

N.B.-Corn, fish, salt, fruit, flour, and seed are

VIRGIN
IsLANbs.

(Memoran-

warranted free fron average, unless general, or the @4¢™)

ship be stranded-sugar, tobacco, hemp, flax, hides
and skins are warranted free from average, under
five dollars per cent., and all other goods, also the
ship and freight, are warranted free from average,
under three dollars per cent. unless general, or the
ship be stranded.

Ruues ror Construction oF Pouicy

The following are the rules referred to by this
Ordinance for the construction of a policy in the
above or other like form, where the context does
not otherwise require:—

1. Where the subject-matter is insured “ lost
or not lost’, and the loss has occurred before the
contract is concluded at the risk attaches unless, at
such time the assured was aware of the loss, and
the insurer was not.

2. Where the subject-matter is insured
‘“‘from” a particular place, the risk does not attach
until the ship. starts on the voyage insured.

3. (a) Where a ship is insured “at and
from” a particular place, and she is at that place
in good -safety when the contract is concluded, the
risk attaches immediately.

(b) If she be not at that place when the con-
tract is concluded, the risk attaches as soon as she
arrives there in good safety, and, unless the policy
otherwise provides, it is immaterial that she is
covered by another policy for a specified time after
arrival,

(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 merchandise are

Lost or not
lost.

From,

At and from
(ship)

Freight.



VIRGIN
IsuanDs.

From the
loading
thereof,

Safely
landed,

Touch and
stay.

Perils of the
Reas.

Pirates.

Thieves.

Restraint
princes,

Barratry.

38 Marine Insurance. No. 18 of 1961.

shipped; provided that if there be cargo in readi-
ness 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.

_ 4. Where goods or other moveables are
insured “from the loading thereof”’, the risk does
not attach until such goods or moveuables are
actually on board, and the insurer is not liable for
them while in transit from the shore to the ship.

5. Where the risk on goods or other movea-
bles continues until they are ‘‘ safely 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,

6. Inthe absence of any further licence or
usage the liberty to touch and stay “at any port
or place whatsoever’ does not authorise the ship
to depart from the course of her vovage from the
port of departure to the port of destination.

ld ’

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.

8. The term “ pirates” includes passengers
who mutiny and rioters who attack the ship from
the shore.

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.

10. The term “arrests, &c., of kings,
princes, and people ” refers to political or executive
acts, and does not include a loss caused by riot or
by ordinary judical process.

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
muy be, the charterer.



No. 18 of 1961. Marine Insurance. 39

12. The term “all other perils” includes
only perils similar in kind to the perils specifically
mentioued in the policy.

13. The term “average unless general”
means a partial loss of the subject-matter insured
other than a general average loss, and does not
include “ particular charges ”.

14. Where the ship has stranded, the insurer
is liable for the excepted losses, although the loss
is not attributable to the stranding, provided 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
forthe trade, and also, in the case of a steamship,
the machinery, boilers, and coals and engine stores,
if owned by the assured.

16. The term “ freight” includes the profit
derivable by a ship owner from the employment of
his ship to carry his own goods or moveables, as
well as freight payable by a third party, but does
not include passage money.

17. The term ‘“ goods” means goods in the
nature of merchandise and does not include person-
al 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.

VirGIN
IsLANDs.

All other
perils.

Average un-
less general,

Stranded,

Ship.

Freight,

Gocds,

Printed ut the Government Printing Office Antigua, Leeward Islands,
by RospeRT LINDSAY, Government Printer.— By Authority.

1064,

450—1.64. [Price 87 cents.]






No. 6 of 1963. Passengers Tax (Amendment)
Ordinance, 1963.
[L.S.]

I Assent,
M. S. Stave.ty,
Administrator.

23rd March, 1968.

VIRGIN ISANDS
No. 6 of 1963.

An Ordinance to amend further: the Passen-
gers Tax Ordinance, 1937

[23rd March, 1963.]

ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as the
Passengers Tax (Amendment) Ordinance, 1963,
and shail be read as one with the Passengers Tax
Ordinance, 1937, as amended, hereinafter called the
Principal Ordinance,

2. Section 2 of the Principal Ordinance is
hereby amended as follows :-—

(a) by inserting immediately before the
definition of ‘‘ Master’ the following defini-
tion :—

‘““ “ Aircraft”? includes balloons,
kites, gliders, airships and flying ma-
chines, ”,

(4) by inserting between the definitions
of “Passenger” and “Tonnage” the follow-
ing definition :—

“ “Pleasure Yacht” includes any
ship, launch, houseboat, boat, randan,
wherry, skiff, dinghy, shallop, punt, or
canoe however navigated not being used
for the carriage of passengers or goods
for hire or reward, ”

(c) by inserting the words “ or aircraft”
immediately after the word ‘ vessel” in the
definiious of ** Master” and “ Passenger ”,

VIRGIN
IsLaANDs

Commence-
ment.

Short title.

1/1937,6/1939
2/1968

Amendment
of section 2 of
the Principal
Ordinance,



° VirGiIN 2 Passengers Tax (Amendment) No. 6 of 1968.

IsLaNnDs .
(d) by substituting the following detni-

tion of “ Treasurer ” :-—

“ « Treasurer”? means the Treas-
urer of the Colony and includes any
Revenue Officer or Immigration Officer.”,
and

(e) by inserting between the definitions
of ‘ Treasurer” and ‘“‘ Vessel’ the following
definition :—

“* “CU.8.) ”? means in the currency
of the United Staces of America.”

tre Prices 3. Section 3 of the Principal Ordinance is
Ordinance hereby repealed and replaced by the following
repealed and = gection:—

replaved.

“Exemption. 3, This Urdinance shall not apply
to Her Majesty’s Ships of War, or to
any vessel or aircraft not engaged in
the carriage of passengers for hire or
reward belonging to the Government
of any Country, or to any pleasure
yacht, or to any vessel or aircraft call-
ing at the Colony for the purpose of
receiving medical attention to passen-
gers.”

Insertion of — 4. The following section shall be inserted

section 5A in . . : ~ .
the Principal immediately after section 5 as section 5A of the

Ordinance. = Principal Ordinance :—
“List of pes’ 5A. The Master of each aircraft
pengera for
aircraft. about to enter or clear from the Colony
must submit to the Treasurer a list, in
in duplicate and in such form as the
Treasurer shall approve, of all passen-
gers on board or to be taken on board
the aircraft. Such list in the case of an
aircraft clearing from the Colony shall be
accompanied by the outward manifest.”
Amenament 5. Section 6 of the Principal Ordinance is

of section 6 of
the Principal hereby amended as follows:—

Ordinance,
(a) by substituting the words “ vessel or
airoraft ” for the word “ship”, and



No. 6 of 1963. Passengers Tax (Amendment.) 3

(b) by hundred and fifty dollars (U.S.)” for the
words “ fifty pounds ”.

6. Section 7 of the Principal Ordinance is
hereby amended as follows:—

(a) by inserting the words “or aircraft ”’
immediately after the word “ vessel ”, and’

(b) by substituting the expression
“thirty cents (U.S.)” for the words “ forty-
three cents ’’.

7. The following section shall be inserted
immediately after section 8 as section 8A of the
Principal Ordinance:—

‘Exemption
of Master and
Crew of Air-
oraft.

8A. The Master and Crew (not
exceeding three in number) of each
aircraft shall be exempted from the
payment of the tax imposed by this
Ordinance.”

8. Section 9 of the Principal! Ordinance is
hereby amended as follows:—

(a) by inserting the words “or aircraft”
immediately after the word “ vessel” when-
ever the latter occurs therein, and

(6) by substituting the sign, figures and
letters “$300 (U.S.)” for the sign and
figures “£100”.

9. Section 10 of the Principal Ordinance is
hereby amended as follows:—

(a) by inserting the words “‘or uircraft”
immediately after the word “ vessel” when-
ever the latter occurs therein, and

(b) by substituting the sign, figures
and letters “50 (U.S.)” for the sign and
figures “£10”.

VIRGIN
ISLANDS

Amendment
of section 7 of
the Principal
Ordinance,

Insertion of
section 8A in
the Principal

- Ordinance,

Amendment
of section 9 of
the Principal
Ordinance,

Amendment
of section 10
of the Princi-
pal Ordinance.



Vircin 4 Passengers Taz (Amendment.) No. 6 of 1963.

IsLanps
Repeal. 10. The Passengers Tax (Amendment)

2'1988. Ordinance, 1953 is hereby repealed.

M. S. STAVELEY,
President.

Passed the Legislative Council this 22nd day
of March, 1963.

J. M. Cranky,
Clerk of the Council.



Printed at the Government Printing Office, Antigua. Leeward Islands,
by Rosert Linpsay, Government Printer.—By Authority.
1964,
450—1.64. [Prece 11 cents. |


Notices.

It is notified for general informa-
tion that the Government of Antigua
has approved the establishment of a
Central Planning Unit to advise Gov-
ernment on all aspects of develop-
ment including the co-ordination of
the functions of the various Ministries.
The functions will also include
research, the collection of data and
the preparation of development plans.



The persons listed hereunder have
been appointed to serve on the
Central planning Unit.

Hon. McC. GEORGB—Chairman
Dr. LIONEL THOMAS
Dr. C. LoCKDR
Mr. H. B. THOMPSON
,» H. G. DENNIS
, MAURICE MICHARL
+ «A. ALLEN
. ©. RABESS
.. MAURICE HENRY
, LESTROY WARNER
,. ANDREW HOLM
. E.G. Kk. CHALLENGER
5. JULIAN BRANCKER
,». ROLAND HENRY
The Government Chemist
Mr. R. KE. A. LAKE—Seeretary
,. NED GILKES.
Chief Minister's Office,
Administration Building,
St. John’s, Antigua.
23rd January, 1964.
Ref. No. A. 27/19.



It is notified for general informa-
tion that the Argentine Chargé
d’Affaires has notified the appoint-
ment of Mr. ALEJANDRO VINCENTE
URDAPiLLETA as Cousul General of
the Argentine in London with juris
diction including ‘‘the United King-
dom Overseas Territories not within
the district of an Argentine Consular
Officer ” «und with jurisdiction over
the Argentine Consular Officer at
Hong Kong.

Ag Mr. URDAPILLETA is a Consul-
General de carri¢re steps will be
taken for the issue of the Queen’s
Exequatur in his favour as soon as
his Commission of Appointment is
received. In the meantime Mr.
URDAPILLETA has been granted pro-
visional recognition in his consular
capacity.

Administration Building,

St. John's, Antigua.

24th January, 1964.
Ref. No. A. 19/3—II.

x
328, 7217

A624 ea

VIRGIN

VOL. IX.

THE

AND

ISLANDS GA






Published by Authority.

THURSDAY, 30TH JANUARY, 1964.

No. 6.





It is notified for general informa-
tion that Mr. CAROLUS LASSILA has
been accorded provisional recognition
as Consul of Finland in London with
jurisdiction over the territory of the
United Kingdom of Great Britain and
Northern Ireland and Dependencies,
pending the issne of Her Majesty’s
Exequatur.

Administration Building,
St. John’s,
Antigua.
24th January, 1964.

Ref No. A. 19/3—ITI

The Administrator under section 4
of the Sium-Clearance and Housing
Ordinance 1948 (No. 3 of 1948) has
been pleased to make the following
appointments :—

1. Mr. JOSEPH CORNWALL, ak a
member of the Central Housing
and Planning Authority, in place
of Mr. CLEMENT RA&ABESS.

2. Mr. MALCOLM DANIEL, to act
as Chairman of the Gentral Hous-
ing and Planning Authority,
during the period of absence of
Mr. D. SHEPPARD in England on
a course.

Administration Bialding
Anttgua.
22nd January, 1964.

Ref. No. P.W. C. 13/12—If

Public Transport Commission.

Itvis notified for general informa-
tion that His Honour the Adminis-
trator has, by virtue of the power and
authority vested in him under section
3 (1) of the Vehicles and Road Traffic
Ordinance, 1954 (No. 9 of 1954),
appointed the following persons to
serve on the Public Transport Com-
mission for a period of two years
from lst January, 1964, to 31st
December, 1965—

Inspector of Police, Chairman

Hon. I. G. Fonseca. MLC, JP

Mr. BERNARD PENN

The Supt. of Public Works

The Secretary, Works & Communi-
cations.

Admintatrator’s Office,
Tortola,
British Virgin Islands.
20th January, 1964.

It is notified for general informa-
tion that His Honour the Administra-
tor has been pleased to appoint the
undermentioned persons to the
Public Serviee Commission of the
Colony for a period of twelve months
from Ist January, 1964:—

Mr. C. R. HAMMERSLEY, M.B.E.
Chairman

Mr. N. BE. A. HARRIGAN, M.B.EB.

Member
Mr. F. M. Titnuny — Member

Mrs H. L. HARNEY — VWeniber
Administrator's Office,
Tortola, BVT.
13th January, 1964.

No. 8.

The following Ordinances are
circulated with this Gazette and form
part thereof:—

Virgin Islaiicds
No. 18 of 1961, * The Marine Ivanr-
ance Ordinance, 196].
39pp Price 87 cle.
No. 6 cf 1963, “The Passengers
Tax (Amendment) Ordinance, 1963.
d4pp Price 11cts.

TRADE MARKS OFFICE,
ANTIGUA 6th January, 1964.

THE SINGER COMPANY of 30
Rockefeller Plaza, New York State of
New York, U.8.A have applied for
Registration of one Trade Mark
consisting of the following:—

SINGER

Tn Class 6 in respect of machinery of
all kinds and parts of machinery,
except agricultural and horticultural
machines included in Class 6

in Class 8 in respect of philosophical
instruments, scientific instruments,
apparatus for useful purposes. In-
strnments and apparatus for teaching.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for about
14 years before the date of their suid
Application.

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat & Virgin Is-
lands Gazette give notice in duplicate
at the Trade Marks Office, Antigua, of
opposition to the said Trade Mark.

Victor EK. BROWN.
Ag. Registrar of Trade Marke.
34

In the Supreme Oourt of the
Windward Islands and
Leeward Islands.

ANTIGUA CIRCUIT



In Bankruptcy:

Re WILLIAM JEFFREY of Briggins
Road in the parish of Saint John
in the Colony of Antigna Res-
taurant Keeper.

Receiving Order made: 15th

January, 1964.
Cirenit of Court : Antigua
Date of Petition : 3rd May, 163.

Note: All debts due to the Estate

should be paid to me.

O. W. JACK.
Official Receiver.

Address: Magistrate’s Office,



THE ANTIGUA, MONTSERRRT & VIRGIN ISLANDS GAZETTE

Tonder Notice.

Tenders are hereby invited for the
purchase of a Morris Oxford Pickup
A.G. 1373; of the Klectricity Depart-
ment.

This Pickup may be inspected
daily, during working hours, at the
Government Mechanical Workshop,
by appointment with the Director of
Public Works.

Tenders should be submitted in
sealed envelopes marked ‘Tenders
For Klectricity Morris Oxford Pick-
up” and should be addressed to the
Administrative Secretary. Ministry of
Public Works and Communications,
Administration Building, Sr. John’s,
and shonld reach bis office not later
than 4 pom. on 7th February, 1964.

Government does noi hind itself to









[January 30, 1964
NOTICE TO IMPORTERS.

Goods which have not been remove
from the Queen’s Warehouse withi
three months will be sold by Publi
Auction at Customs Wharf, St. Mary’
Street, on Thursday 30th January
1964, at 2.30 p.m.

Importers who have passed war
rants on any of the items listed fo
sale are asked to remove them hefor
the day of the sale.

Jopies of the list of goods for sal
ean be seen at the Queen’s Warehouse
the Bonded Warehouse at the Poin
and the Customs Building.

KARL ©. PASTAINA,
Collector of Customs.
14/2/64,

RAINFALL FIGURES

Agricultural Tepartmeni,



Magistrate's Court, accept the highest or any tender. Antigua,
Long Street, 7 :
St. John’s, ra
Antigua. Ministey of Public Works and Month. 1960 198] 1962 1sE3 166
Dated the 16th day of January 1964. Communications. January 25th 3.66 1.98 614 418 21
BANKING STATISTICS—LEEWARD ISLANDS.
All figures in West Indian dollars.
Number of banks reporting : 4 (Barclays Bank (D.C. O.), Royal Bank of Canada.
Antigua Co-oparative Bank Lid. and the Bank of Nova Scotia)
Figures for the Quarter ended 30th September. 19638.
LIABILITIES. ASSETS,
$ $ $
1. Notes in circulation 5,234.40 1. Cash 1,139,013.2
2.2 Deposits 22,244,333.18 2. Balances due by other banks in the
Colony 285,846.6
(i) Demand 5,680,032.16
(ii) Time 2,843,371 48 1 3, Balances due from banks abroad
(iii) Savings 13,720,929.54 (ineluding Head Office or branches
outside the Colony) and other short
3. Balances due to:— «lains such as bills discounted
drawn on abroad 9,964,319.2
(a) Other banks in the Colony —_2,935,288.08
(i) U.K. $9,449,561.00
(b) Banks abroad (includ- (ii) U.S.A. 187,003.62
ing Head Office or (iii) Canada 164,228.19
branches ontside the (iv) Elsewhere 163,526.40
Colony 2,919,755.80
4, Loans and Advances 15,578,245.4
(i) U.K. 2,408,240.00 (a)Primary Production 6,056,687.60
“tii) U.S.A. 190,665.40
(iii) Canada 44,421.20 (6) Other Industries 1,668,054.20
(iv) Elsewhere 276 429.20 (c) Other Advances 7,853,503.68
4, Other Liabilities $882,544.72 | 5. Investments 286,903.2
6. Other Assets 1,732,828.4
$28,987,156.18 $28,987,156.1

Net Overseas Assets heldagainst Local Liabilities—$1,992,814.00

In substitution for Statistics in Gazette of 16th January, 1964.


January 30, 1964]

THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE,
TRADE MARKS OFFICE,

ANTIGUA 7th January, 1964.

35

ROTHMAN’S OF PALL MALL EXPORT LIMITED of 65 Pall Mall, London, 8. W. I. England have
applied for Registration of one Trade Mark consisting of the following:—



PALL MALL @®

n Class 45 in respect of all goods included in Class 45



$

ROLITMANS |





The Applicants claim that they have noi used the said Trade Mark in respect of the said yoods before the
‘date of their said Application.

Any person may within thrae months from the date of the first appeivanos of this Advertisement in the
Antigua, Montserrat & Virgin Islands Gazette give notice in duplicate at the Trade Marks Office, Antigua, of

Opposition to registration of the said Trade Mark.



Vicror BRown,

Acting Registrar of Trade Mark.

Notice to Importers



In accordance with the Trade and Revenue Ordinanae 1900, ag amended deposits which remain unclaimed
after a period of three months shall be paid into General Revenue as duty payable on goods for whieh deposit was

made.

The following deposits if not claimed by 3lat January, 1964, shall be Transferred to Revenne:—

1963
Date

Oct. 5
8

10

11

15

17

18

23

25
26

Importer

Nicholas Fuller
Caribbean Beach Club
Geo. W. B. Bryson
Mill Reef Club
Jos. Pharmaoy
Geo. W. B. Bryson
Richard Hackshaw
Carl Meyer

do
Geo. W. B. Bryson
Caribbean Beach Club
Geo. W. B. Bryson
H. C. Mallalieu
Peter Deeth

Printed at the Government Primting OMice, Antigua. Leeward stands,
by Ropert LINDSAY, Government Printer, —By Authority
1964.



Article

1 crate ice cube maker

9 ctns kitchen ware
1 bag iron clump
1 ofs clec. equipment
1 pke. medicine
12 pkgs. accessories
Samples
1 cfs alum. channels
2 ctns flash doors
10 bales paper bags
1 pky. racks
1 crate machine
1 o/s compressor
1 pkg. motor parts

Amount

235.00
202.00
47.00
26.00
19.00
32.00
21.00
59.00
126.00
24.00
65.00
70.00
14.00
60.00

$1000.00

E. O. PESTAINA,
Collector of Customs.
No. 18 of 1961. Marine Insurance. Vircin
IsLANDs.

[L.S. ]
I AssEnrt,
G. J. Bryan,
Administrator.
9th June, 1961.

VIRGIN ISLANDS.
No. 18 of 1961.

An Ordinance relating to marine insurance.

{BY PROCLAMAT ION | Commence-

ment.

ENACTED by the Legislature of the Colony
of the Virgin Islands.

INTRODUCTORY

1. This Ordinance may be cited as the Marine skort title.
Insurance Ordinance, 1961.

2. In this Ordinance, unless the context Interpre-
otherwise requires,— tation.

”

“action” includes counter-claim and set off;

“freight” ineludes the profit derivable by
a shipowner from the employment of his
ship to carry his own goods or moveables,
a3 well as freight payable by a third party,
but does not include passage money ;

‘“‘moverbles’? means any moveable tangible
property, other than the ship, and
includes money, valuable securities, and
other documents;

“policy ’’ means @ marine policy.
Vincin
IsLANnDs.

Application.

Saving of
rules of
common law.

Marine
insurance
defined,

Mixed sea
and land
visks,

Marine
adventure
and mari-time
perils defined,

2 Marine Insurance. No. 18 of 1961.
3. (1) This Act shall apply to contracts of
marine insurance:

Provided that it shall not apply to marine
insurance undertaken by the Government of the
Colony other than insurance extending beyond the
limits of the Colony.

(2) This Ordinance shall not apply to contracts
of murine insurance made before the commencement
of this’ Ordinance.

4. The rules of the common law, including
the law merchant, save in so far as they are
inconsistent with the express provisions of this
Ordinance, shall apply to contracts of marine
insurance,

Marine [NsuRANCE

5. A contract of marine insurance is a
contract whereby the insurer undertakes to indem-
nify the assured, in manner and to theextent thereby
agreed, against marine losses that is to say, the
losses incident to marine adventure.

6. (1) A contract of marine insurance may,
by its express terms, or by usage of trade, be
extended s0 as to protect the assured against losses
on inland waters or on any land risk which muy
be incidental to any sea voyage.

(2) Where # ship in course of building’, or
the launch of a ship, or any adventure analegous to
a marine adventure, is covered by « policy in the
form of a marine policy, the provisions of this
Ordinance, in so far as applicable, shall apply
thereto; but except as by this section provided,
nothing in this Ordinance shall alter or affect any
rale of law applicable to any contract of insurance
other than a contract of marine insurance as by this
Ordinance defined.

7. (1) Subject to the provisions of this
Ordinance, every lawful marine adventure may be
the subject of a contract of marine insurance.

(2) In particular there is a marine adventure
where—
THE MARINE INSURANCE ORDI

VIRGIN ISLAND



ARRANGEMENT OF SECTIONS

Section
INTRODUCTORY
1. Short title.
2. Interpretation.
3. Application.
4. Saving of rules of common law.
MARINE INSURANOR
5. Marine insurance defined.
6. Mixed sea and land risks.
7. Marine adventure and maritime perils defined.
INSURABLE INPEREST
8. Avoidance of wagering or gaming contracts.
9. Insurable interest defined.
10. When interest must attach.
11. Defeasible or contingent interest.
12. Partial interest.
13. Re-insurance.
14. Bottomry.
15. Master's and seamen’s wages.
16. Advance freight.
17. Charges of insurance.
18. Quantam of interest.
19. Assignment of interest.
20. Prohibition of gambling on logs by maritime perils.
21. Measure of insurable value.
DISCLOSURE AND REPRESENTATIONS
22. Insurance is uberrims fidei.
23. Disclosure by ussured.
24. Disclosure by agent effecting insurance.
25. Representations pending negotiation of contract.
26. When contract is deemed to be concluded.
THE POLICY
27. Contract must be embodied in policy. |
28. What policy must specify.
29, Signature of insurer.
30. Voyage and time.
31. Designation of subject matter.
82. Valued policy.
33. Unvalued policy.
. 84. Floating policy by ship or ships.
xX 35. Construction of terms in policy.
: 36, Premium to be arranged,

~

ba
V

3.7 O97
37,

38.

40.
41.
42.

44,
45.
46.

47.
48.
49.
50.
51.
52.
53.
54.

55.

57.
58.
59.

60.
61.
62.
63.
64.
65.
66.
67.
68.

69.
70.
71,

2

DOUBLE INSURANCE
Double insurance.
WARRANTIES, ETC.

Nature of warranty.

When breach of warranty excused.

Express warranties.

Warranty of nentralivy.

No implied warranty of nationality.

Warranty of good safety.

Warranty of seaworthiness of ship

No implied warranty that goods are seaworthy.
Warranty of legality.

THE VOYAGE

Implied condition as to commencement of risk,
Alteration of port of departure.

Sailing for different destination.

Change of voyage.

Deviation.

Several ports of discharge.

Delay in voyage.

Excuses for deviation or delay.

ASSIGMENT OF POLICY

When and how policy is assignable.
Assured who has no interest cannot assign.

THD PREMIUM

When premipm payable.
Policy effected through broker.
Effect of receipt on policy.

Loss AND ABANDONMENT

Included and excluded losses.
Partial and total loss.

Aotual total loss.

Migsing ship.

Effect of transhipment, Etc.
Constructive total loss defined.
Effect of constructive total loss.
Notice of abandoment.

Effeot of abandonment.

PARTIAL LOSSES (INCLUDING SALVAGH AND GENERAL

AVERAGE AND PARTIOULAR CHARGES)

Particular average logs.
Salvage charges.
General average loss.
72.
73.
74.
15.
76.
77.
1d.
79.

80.

81.
82.
83.

84.
85.
86.

87.
88.
89,

90.

91.
92.
93.
94.

95.

Malyore OF INDEMNITY

Extent of liability 0 insurer for loss.
otal loss.

Partial loss of Ship.

Partial loss. of freight.

Partial “ioss of goods, merchandise, Eto.
Apportionment of valuation.

General average contributions and salvage charges
Liabilities to third parties.

General provisions as to measure of indemnity.
Particular average warranties.
Successive losses.

Suing and labouring clause.

RIGHTS OF INSURER ON PAYMENT

Right of subrogation.
Right of contribution.
Effect of under insurance.

RETURN OF PREMIUM

Enforcement of return.
Return by agreement.
Return for failure of consideration.

MUTUAL INSURANCE
Modification of Act in case of mutual insurance.
SUPPLEMENTAL

Ratification by assured.

Implied obligations varied by agreement or usage.
Reasonable time Eto. u question of fact.

Slip as evidence.

COMMENCEMENT

Commencement,
No. 18 of 1961. Marine Insurance. 3

(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,
profit, or other pecuniary benefit, or
the security for any advances, loan,
or disbursements, is endangered by
the exposure 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
maritime 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, seizures, 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

8. (1) Every contract of marine insurance
by way of gaming or wagering is void.

(2) A contract of marine insurance is deemed
to be a gaming or wagering contract—

(a) where the assured has not an
insurable interest as defined by this
Ordinance, and the contract is entered
into with no expectation of acquiring
such an interest; or

(1) where the policy 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;

Virain
Isnanpbs.

Avoidance of ,
wagering or
gaming
contracts.
VIRGIN
ISLANDS.

Insurable
interest
defined,

When interest
must attach.

Defeasible or
contingent
interest,

Partial
interest,

Re-insurance,

4 Marine Insurance. ‘No. 18 of 1961.

Provided that, where there is no possibility of
salvage, a policy may be effected without benefit of
salvage to the insurer.

9. (1) Subject to. the provisions of this
Ordinance, every person has an insurable interest
who is interested in a marine adventure.

(2) In particular a person ia interested in a
marine adventure where he stands in any legal or
equitable relation to the adventure or 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.

10. (1) The assured must be interested in
the subject-matter unsured 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 his interest until
after the loss, unless at the time of effecting 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.

11. (1) A defeasible interest is insurable, as
also is a contingent interest.

(2) In particular, where the buyer of goods
has insured them, he has an insurable interest, not-
withstanding that he might, at his election, have
rejected the goods, or have treated them as at the
seller’s risk, by reason of the latter’s delay in
makiny delivery or otherwise.

12. A partial interest of any nature is
insurable.

13. (1) The insurer under a contract of
marine insurance hasan insurable interest in his
risk, and may re-insure in respect of it,
No. 18 of 1961. Marine Insurance. 5

(2) Unless the policy otherwise provides, the
original assured has no right or interest in respect
of such re-insurance.

14. The lender of money on bottomry or
respondentia has an insurable interest in respect of
the loun.

15. The master or any member of the crew
of a ship has an insurable interest in respect of his
wages.

16. In the case of advance freight, the
person advancing the freight has an insurable inter-
est, in so far as such freight is not repayable in case
of loss.

17. The assured has un insurable interest in
the charges of any insurance which he may. effect.

18. (1) Where the subject-matterjineured is
mortgaged, the mortgagor has un 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 mortage.

(2) A mortgagee, consignee, or other person
having an interest in the subject-matter insured
may insure on belialf and for the benefit of other
persons interested as well as for his own _ benefit.

(3) The owner of insurable property has un
insurable interest in respect of the full value thereof,
notwithstanding that some third person may have
agreed, or be liable, to indemnify him in case of
loss.

19. Where the assured assigns or otherwise
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
axsignee to that effect.

But the provisions of this section do not affect
a transmission of interest by operation of law.

VIRGIN
IsiaNDSs.

Bottomry,

Master’s and
seamen's
wages,

Advance
freight.

Charges of
insurance,

Quantum of
interest,

Assigment,
of interest.
VIRGIN
IsLanps.

Prohition of
gambling
on los: by
maritime
perils.

6 Marine Insurance. No. 18 of 1961.
20. (i) lf—

(«) any person effects a contract of marine in-
surance 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 fida expectation
of acquiring such an interest; or

(6) any person in the employment of the
owner of a ship, not being a part owner
of the ship effects a contract of marine
iMsurance 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,

the contract shall be deemed to be a contract by
way of gambling on loss by maritime perils, and
the person effecting it shall be guilty of an offence,
and shall be liable, on ee conviction, to
imprisonment, with or without hard labour, for a
term not exceeding six months or two a fine not
exceeding six hundred dollars in the currency of
the United States of America, aud in either case to
forfeit to the Crown any money he may receive
under the contract.

(2) Any broker or other person through
whom, and any insurerswith whom, any such con-
tract 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 Ordinance.

(3) Proceedings under this Ordinance shall
not be instituted without the consent of the Crown
Attorney.

(4) Proceedings shall not be instituted under
this Ordinanee against a person (other than a
person in the employment of the owner of the ship
in relation to which the contract was wade) alleged
No. 18 of 1961. Marine Insurance. 7

to have effected a contract by way of gambling on
loss by maritime perils until an oppotunity has been
afforded, him of showing that the contract was not
such a contract us aforesaid, and any information
given by that person for that purpose shall not be
admissible in evidence against him in any _prosecu-
tion under this Ordinance.

(5) If proceedings under this Ordinance are
taken against any person (other than a person in
the employment of the owner of a 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 Ordinauce, 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.

(7) For the purposes of this section the
expression “owner ” includes charterer.

InsuRABLE VALUE

21. Subject to any express provision or
valuation in the policy, the insurable value of the
subject-matter insured must be ascertained as
follows:—

(1) In insurance on ship, the insurable value
is the value, at the commencement of the
risk, of the ship, including her outfit,
provisions and stores for the officers and
crew, money advanced for seumen’s
wages, and other disbursements (if any)
incurred to make the ship fit for the
voyage or adventure contemplated by the
policy, plus the charges of insurance upon
the whole:

VIRGIN
ISLANDS.

Measure of
insurable
value.
VIRGIN
IsLANDS.

Insurance is
uberrimae

fidei,

Disclosure
by assured.

8 Marine Insurance. No. 18 of 1961.

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

(2) In insurance on freight, whether pnid in
advance or otherwise, the insurable value
is the gross amount of the freight at the
risk of the assured, plus the charges of
insurance;

(3) In insurance on goods or merchandise,
the insurable value is the prime cost of
the property insured, plus the expenses
of and incidental to shipping and the
charges. of insurance upon the whole;

(4) In insurance on any other subject-matter,
the insurable value is the amount at the
risk of the assured when the policy
attaches, plus the charges of insurance.

DiIscLOSURE AND REPRESENTATIONS.

22. contract based upon the utmost good faith, and, if
the utmost good faith be not observed by either
party, the contract may be avoided by the other

party.

28. (1) Subject to the provisions of this
section, the assured must disclose to the insurer,
before the contract is concluded, every material
circumstance which is known to the assured, and
the assured is deemed to know every circumstance
which, in the ordinary course of business, ought to
be known by him. If the assured fails to make
such disclosure, the insurer may avoid the contract.

(2) Every circumstance is material which
would influence the judgment of » prudent insurer
in fixing the premium, or determining whether he
will take the risk.

(8) In the absence of inquiry the following
circumstances need not be disclosed, namely:—
No. 18 of 1961. Marine Insurance. 9

(a) any circumstance which diminishes
the risk;

(4) any circumstance which is known or
presumed to be known to the insurer. The
insurer is presumed to know matters of com-
mon notoriety or knowledge, and matters
which an insurer in the ordinary course of his
business, as such, ought to know;

(c) any circumstance as to which infor-
mation is waived by the insurer;

(@) any circumstance which it is super-
fluous to disclose by reason of any express
or implied warranty.

(4) Whether any particular circumstance,
which is not disclosed, be material or not is, in
each case, a question of fact.

(5) The ‘term “circumstance” includes any
communication made to, or information received
by, the assured.

24. Subject to the provisions of the pre-
ceding section as to circumstances which need not
be disclosed, where an insurance is effected for the
assured by an agent, the agent must disclose to the
insurer—

(a) every material circumstance which is
known to himself, and an agent to insure is
deemed to know every circumstance which ia
the ordinary. course of busines ought to be
known by, or to have been communicated to,
him; and

(5) every material circumstance which
the assured is bound to disclose, unless it
come to his knowledge too late to communi-
cate it to the agent

25. (1) Every material representation made
by tle assured or his agent to the insurer during
the negotiations for the contract, and before the
contract is concluded, must be true. If it be un-
true the insurer may avoid the contract.

Viren
ISLANDS.

Disclosure
by agent
effecting
ineurance.

Represen-
tations
pending
negotiation of
contract,
VIRGIN
ISLANDs.

When con-
tract is
deemed to

be concluded,

Contract
must be
einbodied in
policy,

What policy

must specify.

10 Marine Insurance. No. 18 of 1961.

(2) A representation is material which would
influence the judgment of a prudeut insurer in
fixing the premium, or determining whether he
will take the risk.

(3) A representation may be either a repre-
sentation as to a matter of fact, or as to a matter
of expectation or belief.

(4) A representation as toa matter of fact is
true, if it be substantially correct, that is to say, if
the difference between what is represented and
what is actually correct would not be considered
material by a prudent insurer.

(5) A representation as to a matter of expec-
tation or belief is true if it be made in good faith.

(6) A representation may be withdrawn or
corrected before the contract is concluded.

(7) Whether a particular representation be
be material or not is, in each case, a question of
fact.

26. A contract of marine insurance is
deemed to be concluded when the proposal of the
assured is accepted by the insurer, whether the
policy be then issued or not; and, for the purpose
of showing when the proposal was accepted,
reference may be made to the slip or covering note
or other customary memorandum of the contract,
although it be unstamped.

Tue Poticy.

27. Subject to the provisions of any Act,
@ contract of marine insurance is inadmissible i
evidence unless it is embodied in a marine policy in
accordance with this Ordinance. The policy may
be executed and issued either at the time when the
contract is concluded, or afterwards.

28. A murine policy must specify—

Q) the name of the assured, or of some per-
son who effects the insurance on his

behalf;

(2) the subject-matter insured and the risk
insured against;
No. 18 of 1961. Marine Insurance. 11 Vira@in
IsLANDS.
(3) the voyage, or period of time, or both, as
the case may be, covered by the insurance;

(4) the sum or sums insured;

(5) the name or names of the insurers.

29. (1) A marine policy must be signed by signature
or on behal! of the insurer, provided that in the of issurer.
ease of a corporation the corporate seal may be
sufficient, but nothing in this section shall be
construed as requiring the subscription of a corpo-
ration to be under seal.

Where a policy is subscribed by or on
behalf of two or more insurers, each subscription,
unless the contrary be expreseed, constitute a
district contract with the assured.

30. (1) Where the contract is to insure the Voyage and

subject-matter ‘at and from’, or from one place ‘™™¢

to another or others, the policy is called a ‘“ voyage

policy’, and where the contract is to insure the
subject-matter for a definite period of time the

policy is exlled a ‘time policy”. A contract for

both voyage and time may be included in the

game policy.

(2) A time policy which is made for any time
exceeding twelve months is invalid.

Provided that a time policy may contain an
agreement.to the effect that, in the event of the
ship being at sea or the voyage being otherwise
not completed on the expiration of the policy, the
subject-matter of the insurance shall be held
covered uitil the arrival of the ship at her destina-
tion, or for a rersonable time thereafter not exceed-
ing thirty days; and the policy shall not be invalid
on the ground only that by reason of such agree-
ment it may become available for a period exceed-
ing twelve months.

Si. (1) The subject-matter insured must be Designation

jOTé j ‘ rine i 7} of subject
desigiated in a marine policy with reasonable >. ¢t¢¥
certainty.

(2) The nature and extent of the interest of
the assured in the subject-matter insured need not
be specified in the policy.
VirGin
IsLANDs.

Valued
policy,

Unvalued ;
policy.

Floating
policy by

ship or ships.

12 Marine Insurance. No. 18 of 1961.

(3) Where the policy disignates the subject-
matter insured in general terms, it shall be construed
to apply to the interest intended by the assured to
be covered.

(4) In the application of this section regard
shall be had to any usage regulating the designation
of the subject-matter insured.

32. (1) A policy may be either valued or
unvalued.

(2) A valued policy is a policy which specifies
the agreed value of the subject-matter insured.

(3) Subject to the provisions of this Ordinance,
and in the absence of fruad, the value fixed by the
policy is, us between the insurer and assured, con-
elusive of the insurable value of the subject intended
to be insured, whether the loss be total or partial.

(4) Unless the policy otherwise provides, the
value fixed by the policy is not conclusive for the
purpose of determining whether there has been a
constructive total loss.

38. An unvalued policy is a policy which
does not specify the value of the subject-matter in-
sured, but, subject to the limit of the sum insured,
leaves the insurable value to be subsequently
ascertained, in the manner herein-before specified.

34. (1) A floating policy is a policy which
describes the insurance in geieral terms, and leaves
the name of the ship or ships and other particulars
to be defined by subsequent declaration.

(2) The subsequent declaration or declarations
may be made by indorsement on the policy, or in
other customary manner.

(3) Unless the policy otherwise provides, the
declaration must be made in the order of dispatch
or shipment. They must, in the case of goods,
comprise all consignments within the terms of the
policy, and the value of the goods or other property
must be honestly stated, but an omission or erroneous
declaration may be rectified even after loss or arrival,
provided the omission or declaration was made in

good faith.
No. 18 of 19:1. Marine Insurance. 13

(4) Unless the policy otherwise provides,
where a decluration of value is not made until after
notice of loss or arrival, the policy must be treated
as an unvalued policy as regards the subject-matter
of that declaration.

35. (1) A policy may be in the form in the
Schedule to this Ordinance.

(2) Subject to the provisions of this Ordinance,
and unless the context of the policy otherwise re-
quires, the terms and expressions mentioned in the
Schedule to this Ordinance shall be construed as
having the scope and meaning in that Schedule
assigned to them.

36. (1) Where an insurance is effected at a
premium to be arranged, and no arrangement is
made, a reasonable premium is payable.

(2) Where an insurance is effected on the terms
that an additional premium is to be arranged in a
given event, and that event happens but no arrange-
ment is made, then a reasonable additional premium
is payable.

DousLE [NsvRANCE

37. (1) Where two or more policies are
effected by or on behalf of the assured on the same
adventure and interest or any part thereof, and the
sums insured exceed the indemnity allowed by this
Ordinance, the assured is snid to be over-insured by
double insurance.

(2) Where the assured is over-insured by
double insurance—

(a) the assured unless the policy other-
wise provides, may claim payment from the
insurers in such order as he may think fit, pro-
vided that he is not entitled to receive any
gum in excess of the indemnity allowed by this
Ordinance;

(6) where the policy under which the
assured claims is a valued policy, the assured
must give credit as against the valuation for
any sum received by him under any other
policy without regard to the actual value of the
subject-matter insured ;

VIRGIN
IsLanpbs.

Construction
of terms in
policy.

Premium to
be arranged,

Double
insurance,
VIRGIN
IsLanps.

Nature of
warranty.

When breach
of warranty
excused,

14 Marine Insurance. No. 18 of 1961.

(c) where the policy under which the
assured claims is en unvalued policy he must
give credit, as against the full insurable value,
for any sum received by him under any other
policy; ©

(a) where the assured receives any sum.in
excess of the indemnity allowed by this Ordi-
nanee, he is deemed to hold such sum in trust
for the insurers, according to their right of
contribution among themselves.

WarnantTIEs, Ere.

38. (1) A warranty, in the following sec-
tions relating to warranties, means 1 promissory
warranty, that is to say, a warranty by which the
assured undertakes that some particular thing shall
or shall not be done, or that some condition shall be
fulfilled, or whereby he affirms or negatives the
existence of a particular state of facts.

(2) A warranty may be express or implied.

(8) A warranty, as above defined is a condition
which must be exactly compiled with, whether it be
material to the risk or not. If it be not so complied
with, then, subject to any express provision in the
policy, the insurer is discharged from liability as
from the date of the breach of warranty, but without
prejudice to any liability incurred by him before
that date.

39. (1) Non-compliance with a warranty is
excused when, by reason of a change of cireum-
stances, the warranty ceases to be applicable to the
circumstances of the contract, or when compliance
with the warranty is rendered unlawful by any
subsequent law.

(2) Where a warranty is broken, the assured
cannot avail himself of the defence that the breach
has been remedied, and the warranty complied with,
before loss.

(3) A breach of warranty may be waived by
the insurer,
No. 18 of 1961. Marine Insurance. 15

40. (1) An — warranty may be in any
form of words from which the intention to warrant
is to be inferred.

(2) An express warranty must be included in,
or written upon, the policy, or must be contained in
some document incorporated by reference into the
policy.

(3) An express warranty doves not exclude
an implied warranty, unless it be inconsistent
therewith.

41. (1) Where insurable property, whether
ship or goods, is expressly warranted neutral,
there is an implied condition that the property
shall have a neutral character ut the commencement
of the risk, and that, so far as the assured can con-
trol the matter, its’ neutral character. shall be
preserved during the risk.

(2) Where a ship is expressly warranted
‘“‘ neutral” there is also an implied condition that,
so far as the assured can control the matter, she
shall be properly documented, that is to say, that
she shall carry the necessary papers to establish her
neutrality, and that she shal] not falsify or suppress
her papers, or use simulated papers. If any loss
occurs through breach of this condition, the insurer
may avoid the contract.

42. There is noimplied warranty as to the
nationality of a ship, or that her nationality shall
not be changed during the risk.

43. Where the subject-matter insured is
warranted ‘‘ well” or ‘‘in good safety’ on a parti-
cular day, it is sufficient if it be safe at any time
during that day.

44. (1) In a voyage policy there is an
implied warranty that at the commencement of the
voyage the ship shall be seaworthy for the purpose
of the particular adventure insured.

(2) Where the policy attaches while the ship
is in port, there is also an implied warranty that
she shall, at the commencement of: the risk, be
reasonably fit to encounter the ordinary perils of

the port.

VIEGIN
ISLANDS.

Express
warranties.

Warranty of
neutrality.

No implied
warranty of
nationality.

Warranty of
good safety,

Warranty
of sea
worthiness
of ship.
VirGin
ISLANDS.

No implied
warranty
that goods
are sea-
worthy,

Warranty of
legality.

Implied
condition
as to com-
mencment
of risk.

16 Marine Insurance. No. 18 of 1961.

(3) Where the policy relates to a voyage
which is performed in different stayes, during
which the ship requires different kinds of or further
preparation or equipment, there is an implied war-
ranty that at the commencement of each stage the
ship is seaworthy in respect of such preparation or
equipment for the purposes of that stage.

(4) A ship is deemed to be seaworthy when
she is reasonably fit in all respects to encounter the
ordinary perils of the seas of the adventure insured.

(5) In a time policy there is no implied war-
ranty that the ship shall be seaworthy at any stage
of the adventure, but where, with the privity of the
assured, the ship is sent to sea in an unseaworthy
state, the insurer is not liable for any loss attribu-
table to unseaworthiness.

45. (1) In a policy on goods or other
moveables there is no inplied warranty. that the
goods or moveables are seaworthy.

(2) In a voyage policy on goods or other
moveables there is an implied warranty that
at the commencement of the voyage the ship is not
only seaworthy as a ship, but also that she is
reasonably fit to carry the goods or other moveables
to the destination contemplated by the policy.

46. There isan implied warranty that the
adventure insured is a lawful one, and that, so far
asthe assured can control the matter, the adven-
ture shall be carried out in a lawful manner.

Tue Voyage

4'7. (1) Where the subject-matter is insured
by a voyage policy “at and from” or “from” a
particular place, it is not necessary that the ship
shall be at that place when the contract is concluded,
but there is an implied condition that the adventure
shall be commenced within a reasonable time, and
that if the adventure be not so commenced the
insurer may avoid the contract.

(2) The implied condition may be negatived
by showing that the delay was caused by circum-
stances known to the insurer before the contract.
was concluded, or by showing that he waived the
condition,
No. 18 of 1961. Marine Insurance. 17

_ 48. Where the place of departure is speci-
fied by the polily, and the ship instead of sailing
from that place sails from any other place, the risk
does not attach.

49. Where the destination is specified in the
policy, and the ship, instead of spiling for that
destination, sails for any other destination, the risk
does not attach.

50. (1) Where, after the commencement of
the risk, the destination of the ship is voluntarily
changed froin the destination contemplated by the
policy, there is said to be a change of voyage.

(2) Unless the policy otherwise provides,
where there is a change of vayage, the insurer is
discharged from liability as from the time of
change, that is to say, as from the time when the
determination to change it is manifested; and it is
immaterial that the ship may not in fact have left
the course of voyage contemplated by the policy
when the loss occurs.

51. (1) Wherea ship, without lawful excuse,
deviates froin the voyage contemplated by the
policy, the insurer is discharged from liability as
from the time of deviation, and it is immaterial
thatthe ship may have regained her route before
any loss occurs.

(2) There is a deviation from the voyage
contemplated by the policy —

(a) where the course of the voyage is spe-
cially designated by the policy, and that
course 1s departed from; or

(b) Where the course of the voyage is not
specifically designated by the policy, but
the usual and customary course is depart-
ed from.

(3) The intention to deviate is immaterial;
there must be a doviation in fact to discharge
the insurer from his liabiliiy under the contract,

Vircin
IsLanps.
Alteration

of port of
departure.

Sailing for
different
destination,

Change of
voyage.

Deviation.
VIRGIN
IsLANDs.

Several
ports of
discharge.

Delay in
voyage.

Excuses
for deviation
or delay. °

18 Marine Insurance. No. 18 of 1961.

52. (1) Where several ports of discharge
are specified by the policy, the ship may proceed to
all or any of them, but in the absence of any usage
or sufficient cause to the contrary, she must proceed
to them, or such of them as she goes to, in the
order designated by the policy. If she does not,
there is a deviation.

(2) Where the policy is to “ports of dis-
charge’, within a given area, which are not named,
the ship must, in the absence of any usage or suffi-
cient cause to the contrary, proceed to them, or
such of them as she goes to, in their geographical
order. If she does not, there is a deviation.

53. In the case of a voyage policy, the
adventure insured must be prosecuted throughout
its course with reasonable dispatch, and, if without
lawful excuse it is not so prosecuted, the insurer is
discharged from liability as from the time when the
delay became unreasonable.

54. (1) Deviation or delay in prosecuting
the voyage contemplated by the policy is excused—

(a@) where authorised by any special term in
the policy; or

(6) where caused by circumstances beyond
the control of the master and his
employer; or

(c) where reasonably necessary in order to
comply with an express or implied war-
ranty; or

(d) Where reasonably necessary for the safety
of theship or subject-matter insured; or

(e) for the purpose of saving human life, or
aiding a ship in distress where human
life may be in danger; or

(f) Where reasonably necessary for the pur-
pose of obtaining medical or surgical aid
for any person on board the ship; or

(g) Where caused by the barratrous conduct
of the master or crew, if barratry be one
of the perils insured against.
No. 18 of 1961. Marine Insurance. 19

(2) When the cause excusing the deviation or
deluy ceases to operate, the ship must resume her
course, and prosecute her voyage, with reasonable
dispatch.

ASSIGNMENT OF Po.icy

65. (1) A marine policy is assignable
unless it contains terms expressly prohibiting
assignment. It may be assigned either before or
after loss.

(2) Where o marine policy has been assigned
so ay to pass the beneficial interest in such policy,
the assignee of the policy is entitled to sue thereon
in his own name; and the defendant is entitled to
make any defence arising out of the contract which
he would have been entitled to make if the action
had been brought in the name of the person by or
on behalf of whom the policy was effected.

(3) A marine policy may be assigned by
indorsement thereon or in other customary manner.

56. Where the assured has parted with or
lost his interest in the subject-matter insured, and
has not, before or at the time of so doing, expressly
or impliedly agreed to assign the policy, any subse-
quent assignment of the policy is inoperative:

Provided that nothing in this section affects
the assignment of a policy after loss.

Tue Premium

57. Unless otherwise agreed, the duty of
the assured or his agent to pay the premium, and
the duty of the insurer to issue the policy to the
assured or his agent, are concurrent conditions, and
the insurer is not bound to issue the policy until
payment or tender of the premium.

58. (1) Unless otherwise agreed, where a
marine policy is effected on behalf of the assured
by a broker, the broker is directly responsible to
the insurer for the premium, and the insurer is
directly responsible to the assurad for the amount
which may be payable in respect of losses, or in
respect of returnable premium.

VirGix
ISLANDS

When and
how policy is
assignable.

Assured who
has no in-
terest cannot
assign.

When pre-
mium
payable.

Policy
effected
through
broker,
Viren
IsLANDSs.

Effect of
receipt on
policy.

Included and
excluded
losses,

20 Marine Insurance. No. 18 of 1961.

(2) Unless otherwise agreed, the broker has,
as against the assured, a lien upon the policy for the
amount of the premium and his charges in respect of
effecting the policy; and, where he has dealt with
the person who employs him as a principal, he has
also a lien on the policy in respect of any balance
on any insurance account which may be due to him
from such person, unless when the debt was incurred
he had reason to believe that such person was only
an agent.

59. Wherea marine policy effected on behalf
of the assured by a broker acknowledges the receipt
of the premium, such acknowledgement is, in the
absence of fraud, conclusive as between the insurer
and the assured, but not as between the insurer and
broker.

Loss anp ABANDONMENT

60. (1) Subject to the provisions of this
Ordinance, and unless the policy otherwise provides,
the insurer is liable for any loss proximately caused
by a peril insured against, but, subject as aforesaid,
he is not liable for any loss which is not proximately
caused by a peril insured aguinst.

(2) In particular—

(a) the insurer is not liable for any loss
attributable to the wilful misconduct
of the assured, but, unless the policy
otherwise provides, he is liable for
any loss proximately caused by a
peril insured against, even though
the loys would not have happened
but for the misconduct or negligence
of the master or crew;

(6) unless the policy otherwise provides,
the insurer on ship or goods is not
liable for any loss proximately
caused by delay, although the delay
be caused by a peril insured against;

(c) unless the policy otherwise provides,
the insurer is not liable for ordinary
wear and tear, ordinary leakage and
No. 18 of 1961. Marine Insurance. 21

breakage, inherent vice or nature of
the subject-matter insured, or for
any loss proximately caused by rats
or vermin, or for any injury to
machinery not proximately caused
by maritime perils.
61. (1) A loss may be either total or partial.
Any loss other than « total loss, as hereinafter
defined, is a partial loss.

(2) A total loss may be either anfactual total
loss, or a constructive total loss.

(3) Unless a different intention appears from
the terms of the policy, an insurance against total
loss includes a constructive, as well as an actual
total loss.

(4) Where the assured brings an action for a
total loss and the evidence proves only a partial loss,
he may, unless the policy otaerwise provides,
recover for a partial loss.

(5) Where goods reach their destination in
specie, but by reason of obliteration of marks, or
otherwise, they are incapable of indentification, the
loss, if any, 1s partial, and not total.

62. (1) Where the subject-matter insured is
destroyed, or so damaged us to cease to be a thing
of the kind insured, or where the assured is
irretrievably deprived thereof, there is an actual
total loss.

(2) In the case of an actual total loss no notice
of abandoment need be given.

63. Where the ship concerned in the
adventure is missing. and after the lapse of a
reasonable time no news of her has been received,
an actual total loss may be presumed.

64. \Where, by a peril insured against, the
voyage is interrupted at an mtermediate port or
place, under such circumstances as, apart from any
special stipulation in the contract of affreightment,
to justify the master in landing and re-shipping the
goods or other moveables, or in transhipping them,
and sending them on to their destination, the
liability of the insurer continues, notwithstanding
the landing or wranshipment.

VIRGIN
IsLANDS.

Partial and
total loss.

Actual total
loss.

Missing ship.

Effect of
tranship-
ment, &c.
Vircin
IsLaNDs.
Constructive

total loss
defined.

22 Murine Insurance. No. 18 of 1961.

65. (1) Subject to any express provision in
the policy there is a constructive total loss where
the subject-matter insured is reasonably abandoned
on account of its actual total loss appearing to be

unavoidable, or because it could not be preserved

from actual total loss without an expenditure which
would exceed its value when the expenditure hus
been incurred.

(2) In particular, there is a constructive total
oss—

(i) Where the assured is deprived of the
possession of his ship or goods by a
peril insured against, and

(a) it is unlikely that he can recover
the ship or goods, as the case
may be, or

(b) the cost of recovering the ship
or goods, as the case may be,
would exceed their value when
recovered; or

(ii) in the case of damage to a ship, where
she is so damuged by a peril insured
against that the cost of repairing the
damage would exceed the value of
the ship when repaired.

In estimating the cost of repairs, no
deduction is to be made in respect
of general average contributions to
those repairs payable by other
interests, but account is to be taken
of the expense of future salvage
operations and of any future general
average contributions to which the
ship would be liable if repaired; or

(iii) in the case of damage to goods, where
the cost of repairing the damage
and forwarding the goods to their
destination would exceed their value
on arrival.
No. 18 of 1961. Marine Insuranee. 23

66. Where there is a constructive total loss
the assured may either treat the loss as a partial loss,
or abandon the subject-matter insured to the insurer
and treat the,loss as if it were an actual total loss.

67. (1) Subject to the provisions of this
section, where the assured elects to abandon the
subject-matter insured to the insurer, he must give
notice of abandonment. If he fails to doso the
loss can only be treated as a partial loss.

(2) Notice of abandonment may be given
in writing, or by word or mouth, and may be given
in any terms which indicate the intention of
the assured to abandon his insured interest in the
subject-matter insured unconditionally to the
insurer,

(3) Notice of abandonment must be given with
reasonable diligence after the receipt of reliable
information of the loss, but where the information
is of a doubtful character the assured is entitled to
a reasonable time to make inquiry.

(4) Where;notice of abandonment is properly
given, the rights of the assured are not prejudiced
by the fact thatjthe insurer refuses to accept the
abundonment.

(5) The acceptance of an abandonment may
be either express or implied from the conduct of the
insurer. The mere silence of the insurer after
notice is not an acceptance.

(6) Where'notice of abandonment is accepted
the abandonment is irrevocable. Thesncceptance of
the notice conclusively admits liability for the loss
and the sufficiency of the notice.

(7) Notice of abandonment is unnecessary
where, at the time when the assured receives infor-

mation of the loss, there would be no possibility of °

benefit to the insurer if notice were given to him.

(8) Notice of abandonment may be waived by
the insurer.

(9) Where an insurer has re-insured his risk,
no notice of abandonment need be given by him.

ViRGIN
ISLANDS.

Effect of
constructive
total loss,

Notice of
abandonment.
Vv IRGIN
IsLanps.

Effect of
Abandonment,

Particular
average loss,

jalvage
tharges.

24 Marine Insurance. No. 18 of 1961.

68. (i) Where thereis « valid abandonment
the insurer is entitled to take over the interest of
the assured in whatever may remain of the subject-
matter insured, and ail proprietary rights inciden-
tal thereto.

(2) Upon the abandonment of a ship, the
insurer thereof is entitled to any freight in course of
being earned, and which is earned by her subse-
quent to the casualty causing the loss, less the
expenses of earning it incurred after the casualty ;
and, where the ship is carrying the owner's goods,
the insurer is entitled to arcasonable remuneration
for the carriage of them subsequent to the casualty
causing the loss.

Partian Losses (INCLUDING SALVAGE AND
GENERAL AVERAGE AND ParvricuLaR
CHARGES)

69. (i) A particular average lose is a
partial loss of the subject matter insured, caused by

a peril insured against, and which is not a general:
average loss.

(2) Expenses incurred by or on behalf of the
assured for the safety or preservation of the
subject-matter insured, other than general average
and salvage charges, are culled particular charges.
Particular charges are not included in particular
average, .

70. (1) Subject to any express provision in
the policy salvage charges incurred in preventing a
loss by perils insured against may be recovered as
a loss by perils.

(2) “Salvage charges” means the charges
recoverable nnder maritime law by a salvor indepen-
dently of contract. They Jo not include the
expenses of services in the nature of salvage
rendered by the assured or bis agents, or any
person employed for hire by them, for the purpose
of averting a peril insured against. Such expenses,
where properly ineurred, may be recovered as

-particular charges or 2» a general average loss,

according to the circumstances under which they
were incurred.
No. 18 of 1961. Marine Insurance. 25

71. (J) A general average loss is a loses
caused by or directly consequential on a general
averave act. It includes a general average expen-
diture as well as a general average sacrifice.

(2) There is a general average act where any
extra-ordinary sacrifice or expenditure is voluntari-
lv and reasonably made or incurred in time of peril
for the purpose of preserving the property
imperilled in the common adventure.

(5) Where there is a genernl average loss, the
party on whom it falls is entitled, subject to the
conditions imposed by maritime law, to a rateable
contribution from the other parties interested, and
such contrilution is called a general average contri-
bution.

(4) Subject to uny express provision in the
policy, where the assured has incurred a general
average expenditure, he may recover from the
insurer in respect of the proportion of the loss
which falls upon him; and, in the case of a general
average sncrifice, he may recover from the insurer
in respect of the whole loss without having enforced
his right of contribution from the other parties
liable to contribute.

(5) Subject to any express provision in the
policy, where the assured has paid, or is liable to
pay, « general average contribution in respect of the
subject “insured, he may recover therefor from the
insurer,

(6) In the absence of express stipulation, the
insurer is not liable for any general average loss or
contribution where the loss was not incurred for
the purpose of avoiding or in connection with the
avoidance of, a peril insured against.

(1) Where ship, freight, and cargo, or any
two cf those interests, are owned by the same
assured, the linbility of the insurer in respect of
gen ral average losses or contributions is to be
determined ax if those subjects were owned by
difierent persous.

Virain
IsLANDS.

General
averaye loss,
VIRGIN

IsLANDs.

Extent of
liability
insurer for
loss.

Total loss,

Partial loss
of ship.

26 Marine Insurance. No. 18 of 1961.

Measure or [INDEMNITY

72. (1) The sum which the avsured can
recover in respect of a loss on a policy by which he
is insured, in the case of an unvalued policy to the
full extent of the insurable value, or, in the case of
a valued policy to the full extent of the value fixed
by the policy, is called the measure of indemnity.

(2) Where there is a loss recoverable under
the policy, the insurer, or each insurer if there be
more than one, is liable for such proportion of the
measure of indemnity as the amount of his sub-
scription bears to the value fixed by the policy in
the case of a valued policy, or to the insurable value
in the case of an unvalued policy.

78. Subject to the provisions of this Ordi-
nance and to any express provision in the policy,
where there is a total loss of the subject-matter
insured,—

(1) if the policy be a valued policy, the
measure of indemnity is the sum fixed by
_the policy;

(2) if the policy be an unvalued policy, the
measure of indemnity is the insurable
value of the subject-matter insured.

74. Where a ship is damaged, but is not
totally lost, the measure of indemnity, subject to
any eXpress provision in the policy, is as follows:—

(1) where the ship has been repaired, the
assured is entitled to the reasonable cost
of the repairs, less the customary deduc-
tions, but not exceeding the sum insured
in respect of any one casualty;

(2) where the ship has been only partially
repaired, the assured is entitled to the
reasonable cost of such repsirs, computed
as ubove, and also to be indemnified for
the reasonable depreciation, if any, arising
from the unrepaired damage, provided
that the aggregate amount. shall not
exceed the cost of repairing the whole
damage, computed as above;
No. 18 of 1961. Marine Insurance. 27

(3) where the ship has not been repaired, and
has not been sold in her damaged state
during the risk, the assured is entitled to
be indemnified for the reasonable depreci-
aiion arising from the unrepaired damage,
but not exceeding the reasonable cost of
repairing. such damage, computed as
above.

75. Subject to any express provision in the
policy, where there is a partial loss of freight, the
measure of indemnity is such proportion of the sum
fixed by the policy in the case of a valued policy, or
of the insurable value in the case of an unvalued
policy, as the proportion of freight lust by the
assured bears to the whole freight at the risk of the
assured under the policy.

76. Where there is a partial loss of goods,
merchandise, or other moveables, the measure of
indemnity, subject to any express provision in the
policy, is as follows:—

(1) where part of the goods, merchandise or
other moveables insured by a valued
policy is totally lost, the measure of
indemnity is such proportion of the sum
fixed by the policy as the insurable value

of the part lost bears to the insurable -

value of the whole, ascertained us in the
case of an unvalued policy ;

(2) where part of the goods, merchandise, or
other moveables insured by an unvalued
policy is totally lost, the meusure of indem-
nity is the insurable value of the part lost,
ascertained as in the case of total loss:

(8) where the whole or any part of the goods
or merchandise insared has been delivered
dumaged at its destination, the measure of
imdemnity is such proportion of the sum
fixed by the policy in the csse of a valued
policy, or of the insurable value in the case
of an unvalued policy, as the difference
between the gross sound and damaged
values at the place of arrival bears to the
gross sound value;

VirGIN
ISLANDS.

Partial loss
of freight.

Partial loss
of goods,
merchandise,
&e,
Viner ©
IsLANnDs.

Apportion- ©
ment of
valuation,

General
average
contributions
and salvage
charges.

28 Marine ([nsurance. No. 18 of 1961.

(4) ‘“ Gross value’? means the wholesale price,
or, if there be no such price, the estimated
value, with, in either case, freight, landing
charges, and duty paid beforehand; pro-
vided that, in the case of goods or
merchandise customarily sold in bond, the
bonded price is deemed to be the gross
value. “Gross proceeas”’ means the
actual price obtained at a sale where all
charges on sale are paid by the sellers.

77. (1) Where different species of property
are insured under a single valuation, the valuation
must be apportioned over the different species in
proportion to their respective insurable values, as in
the case of an unvalued policy. ‘The insured value
of any part of a species is such proportion of the
total insured value of the same as the insurable value
of the part bears to the insurable value of the whole,
ascertained in both cases as provided by this
Ordinance.

(2) Where » valuation has to be apportioned,
and particulars of the prime cost of each separate
species, quality, or description of goods cannot be
ascertained, the division of the valuation may be
made over the net arrived sound values of the
different species, qualities, or descriptions of goads.

78.. (1) Subject to any express provision in
the policy, where the assured has paid, or is liable
for, any general averaye contrioution, the measure
of indemnity i is the full amount of such contribution,
if the subject matter liable to contribution ig insured
for its full contributory value; but, if such subject-
matter be not insured for its full contributory value,
orif only part. of it be insured, the indemnity payable
by the insurer must be reduced in proportion to the
underinsurance, and where there has been a particular
average loss which constitutes 4 deduction from the
contributory value, and for which the insurer is
liable, that amount must be deducted from the
insured value in order to ascertain what the msurer
is liable to contribute.

(2) Where the insurer is lable for salvage
charges the extent of his liability must be determmed
on the like principle.
No. 18 of 1941. Marine Insurance. 29

79. Where the assured has effected an insur-
ance in express terms against any liability to a third
party, the measure of indemnity, subject to any
express provision in the policy, is the amount paid or
payable by him to such third party in respect of such
hability.

80. (1) Where there has been a loss in re-
pect of any subject-matter not expressly provided
for in the foregoing provisions of this Ordinance, the
measure of indemnity shall be ascertained as nearly
as may be, in accordance with those provisions, in
so far as applicable to the particular case.

(2) Nothing in the provisions of this Ordinance
relating to the measure of indemnity shall affect the
rales relating to double insurance, or prohibit the
insurer from disproving interest wholly or in part,
or from showing that at the time of the loss the
whole or any part of the subject-matter insured was
not a risk under the policy.

81. (1) Where the subject-matter insured is
warranted free from particular average, the assured
cannot recover for a loss of part, other than a loss
incurred by a general average sacrifice, unless the
contract contained in the policy be apportionable;
but, if the contract be apportionable, the assured
muy recover for a total lost of any apportionable
part.

(2) The subject-matter insured is warranted
free from particular average, either wholly or under
a certain percentage, the insurer is nevertheless liable
for salvage charges, and for particular charges and
other expenses properly incurred pursuant to the
provisions of the suing-and labouring clause in order
to avert a loss insured against.

(3) Uuless the policy otherwise provides,
where the subject-matter insured is warranted free
from particular average under a specified percentage,
a general average loss cannot be added toa particular
average loss to make up the specified percentage.

(4) For the purpose of ascertaining whether
the specified percentage has been reached, regard
rball be had only to the actual loss suffered by the

VirGin
IsLANDs.
Liabilities
to third
parties,

General pro-
visions as to
measure of
indemnity.

Particular
average
warranties.
VIRGIN

IsLANDS.

Successive
losses.

Suing and
labouring
clause.

30 Marine Insurance. No. 18 of 1961.

subject-matter insured. Particular charges and the
expenses of and incidental to ascertaining and prov-
ing the loss must be excluded.

82. (1) Unless the policy otherwise pro-
vides, and subject to the provisions of this
Ordinance, the insurer is liable for successive losses,
even though the total amount of such losses may
exceed the sum insured.

(2) Where, under the same policy, a partial
loss, which has not been repaired or otherwise made
good, is followed by a total loss the assured can
only recover in respect of the total loss:

Provided that nothing in this section shall
affect the liability of the insurer under the suing and
labouring clause.

83. (1) Where the policy contains » suing
and labouring clause, the engagement thereby
entered into is deemed to be supplementary to the
contract of insurance, and the assured may recover
from the insurer any expenses properly incurred
pursuant to the clause, notwithstanding that the
insurer may have paid for a total loss, or that the
subject-matter may have been warranted free from
particular average, either wholly or under a certain
percentage. .

(2) General average losses and contributions
and salvage charges, us defined by this Ordinance,
are not recoverable under the suing and labouring
clause.

(3) Expenses incurred for the purpose of
averting or diminishing any loss not covered by the
policy are not recoverable under the suing and
labouring clause.

(4) It is the duty of the assured and his agents
in all cases, to take such measures as may be
reasonable for the purpose of averting or minimising
8 loss,
No. 18 of 1961. Marine Insurance. 31

Ricats or Insurrr on PAYMENT

84. (1) Where the insurer pays for a total
loss, either of the whole, or in the case of goods
of any apportionable part, of the subject-matter
insured, he thereupon becomes entitled to take over
the interest of the assured in whatever may remain
of the subject-matter so paid for, and he is thereby
subrogated to all the rights and remedies of the
assured in and in respectof that subject-matter as
from the time of the casualty cansing the loss.

(2) Subject to the foregoing provisions where
the insurer pays for a partial loss, he acquires no
title to the subject-matter insured, or such part of
itas may remain, but he is thereupon subrogated to
all rights and remedies of the assured in and in
respect of the subject-matter insured as from the
time of the casualty causing the loss, in so far as
the assured has been indemnified, according to this
Ordinance, by euch payment for the loss.

85. (1) Where the assured is over-insured
by double insurance, each insurer is bound, as
between himself and the other insurers, to contribute
rateably to the loss in proportion to the amount for
which he is liable under his contract.

(2) If any insurer pays more than _ his
proportion of the loss, he is entitled to maintain an
action for contribution against the other insurers,
and is entitled to the like remedies as a surety who
has paid more than his proportion of the debt.

86. Where the assured is insured for an
amount less than the insurable value or, in the case
of a valued, policy, for an amount less than the
policy valuation, he is deemed to be his own insurer
in respect of the uninsured balance.

RETURN oF PREMIUM

87. Where the premium or a proportionate

part thereof is, by this Ordinance, declared to be.

returnable—

(a) if already paid, it may be recovered by
the assured from the insurer; and

VirGin
ISLANDS.

Right of
subrogation.

Right of
contribution.

Effect of
under in-
surance,

Enforcement
of return,
Vircix
IsLaANDs.

Return by
agreement.

32 Marine Insurance. No. 18 of 1961.

(6) if unpaid, it may be retained by the
assured or his agent.

88. Where the policy contains a stipulation
for the return of the premium, or a proportionate
part thereof, on the happening ol a certain event, and
that event happens, the premium, or, as the case
may be, the proportionate part thereof, is thereupon
returnable to the assured.

89. (1) Where the consideration for the
payment of the premium totally fails, and there has
been no fraud or illegality on the part of the
assured or his agents, the premium is thereupon
returnable to the assured.

(2) Where the consideration for the payment
of the premium is apportionable and there is a total
failure of any apportionable part of the considera-
tion, a proportionate part of the premium is, under
the like conditions, thereupon returnable to the
assured.

(3) In particular—

(a) Where the policy is void, or is
avoided by the insurer as from the
commencement of the risk, the
premium is returnable provided that
there has been no fraud or illegality
on the part of the assured; but if the
risk is not spportionable, and has
‘once attached, the premium is not
returnable;

(6) where the subject-matter insured, or
part thereof, has never been imperilled
the premium, or, as the case may
be, a proportionate part thereof, is
returnable:

Provided that where the subject-
matter has been insured “lost or
not lost” and has arrived in safety
at the time when the contract is
concluded, the premium is not
returnable unless, at such time,
the insurer knew of the safe arrival.
No. 18 of 1961. Marine Insurance. 33

(c) Where the assured has no insurable

interest throughout the currency of
the risk, the premium is returnable,

Vircin
ISLANDS.

provided that this rule does not apply -

to a policy effected by way of gaming
or wagering ;

(@) Where the assured has a defeusible

interest which is terminated during
the currency of the risk, the premiu
is not returnable;

(ce) Where the assured has over-insured

M

under an unvalued policy, a propor-
tionate part of the premium is
returnable;

subject to the foregoing provisions,
where the assured has over-insured
by double insurance, 4 propor-
tionate part of several premiums is
returnable:

Provided that, if the policies are
effected at different times, and any

. earlier policy has at any time borne

the entire risk, or if a claim has been

paid on the policy in respect of *

the full sum insured thereby, no
premium is returnable in respect of
that policy, and when the double
insurance is effected knowingly by
the assured premium is returnable.

Morvat Insurance

90. (1) Where two or more persons mutu-
ally agree to insure each other against marine
losses there is said to be a mutual insurance.

(2) The provisions of this Ordinance relating
to the premium do not apply to mutual insurance,
but a guarantee, or such other arrangement as may
be agreed upon, may be substituted for the premium.

a

Modification
of Ordinance
in case of
mutual
insurance.
Viren
IsLanns.

Ratification
by assured,

Implied
obligations
varied by
agreement
or usage,

Reasonable
time, &e. a
question of
fact.

Slip as
evidence.

34 Marine Insurance. No. 18 of 1961.

(3) The provisions of this Ordinance, in so far
as they may be modified by the agreement of the
parties, may in the case of mutual insurance be
modified by the terms of the policies issued by the
association, or by the rules and regulations of the
association.

(4) Subject to the exceptions mentioned in
this section, the provisions of this Ordinance apply
to a mutual insurance.

SUPPLEMENTAL

91. Where a contract of marine insurance is
in good faith effected by one person on behalf of
another, the person on whose behalf it’is effected
may ratify the contract even after he is aware of a
loss.

92. (1) Whereany right, duty, or liability
would arise under a contract of marine insurance
by implication of law, it may be negatived or varied
by express agreement, or by usage, if the usage be
such as to bind both parties to the contract.

(2) The provisions of this section extend to
any right, duty, or liability declared by this Ordi-
nance which may be lawfully modified by
agreement,

98. Where by this Ordinance any reference
is made to reasonable time, reasonable premium, or
reasonable diligence, the question what is reasonable
is a question of fuct.

94. Where there is a policy which is duly
stamped or not chargeable with stamp duty, refer-
ence may be made in any legal proceeding to the
slip or covering note (although such slip or note is
not stamped) for the same purposes and to the same
extent 1s may be made in similar proceedings in the
United Kingdom on the commencement of this
Ordinance.

CoMMENCEMENT

956 This Ordinance shall come into operation
on a date to be appointed by the Administrator by
Proclamation published in the Gazette.

G. J. Bryan,
President.
No. 18 of 1961. Marine Insurance. 35 Viren
IsLanps.
Passed the Legislative Council the Ist day of
June, 1961.

Rate T. O’NEAL,
Clerk of the Council.

SCHEDULE:

Form oF Po.ricy
Section 35.

Be it known that as wellin Lloyd's 8, G.
policy.

own name as for and in the name and names of all
and every other person or persons to whom the
same doth, may, or shall appertain, in part or in
all doth make assurance and cause

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, ordinance, munition,
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 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.

upon 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 ordinance, 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, until the same be there
discharged and safely landed. And it shall be law-
ful for the said ship, &c., in this voyage, to proceed
and sail to and touch and stay at any ports or
places whatsoever
VIRGIN
IsLANDs.

(Sue and
Labour
clause)

(Waiver
clause)

36 Marine Insurance. No. 18 of 1961.

without prejudice to this insurance. The said
ship, &c., goods and merchandises, &c., for so much
as concerns the assured by agreement between the
aasured 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 upon
us in this voyage: they are of the seas, men of war,
fire, enemies, pirates, rovers, thieves, jettisons, let-
ters of mart and countermart, suprisals, takings at
sea, arrests, restraints, and detainments of all kings,
princes, and people, of what nation, condition, or
quality soever, barratry of the master and mariners,
and of all other perils, losses, and misfortunes, that
have or shall come to the hurt, detriment, or
damage of the said goods and merchandises, ‘und
ship, &c., or any part thereof. And in case of any
loss or misfortune it shall be lawful to the assured,
their factors, servants and assigns, to sue, labour,
and travel for, in and about the defence, safeguarde,
and recovery of the said goods and merchandises,
and ship, &e., or any part thereof, without prejudice
to this insurance; to the charges whereof we, the
assurers, will contribute each one according to the
rate and quantity of his sum herein assured. And
it is especially declared and agreed that no acts of
the insurer or insured in recovering, saving, or
preserving the property insured shall be considered
as a waiver, or acceptance of abondonment. And
it isugreed by us, the insurers, that this writing or
policy of assurance shall be of as much force and
effect ay 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 assurers, 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 considera-
tion due unto us for this assurance. by the assured,
at and after the rate of

In Witness whereof we, the assurers, have
subscribed our names and sums assured in London.
No. 18 of 1961. Marine Insurance. 37

N.B.-Corn, fish, salt, fruit, flour, and seed are

VIRGIN
IsLANbs.

(Memoran-

warranted free fron average, unless general, or the @4¢™)

ship be stranded-sugar, tobacco, hemp, flax, hides
and skins are warranted free from average, under
five dollars per cent., and all other goods, also the
ship and freight, are warranted free from average,
under three dollars per cent. unless general, or the
ship be stranded.

Ruues ror Construction oF Pouicy

The following are the rules referred to by this
Ordinance for the construction of a policy in the
above or other like form, where the context does
not otherwise require:—

1. Where the subject-matter is insured “ lost
or not lost’, and the loss has occurred before the
contract is concluded at the risk attaches unless, at
such time the assured was aware of the loss, and
the insurer was not.

2. Where the subject-matter is insured
‘“‘from” a particular place, the risk does not attach
until the ship. starts on the voyage insured.

3. (a) Where a ship is insured “at and
from” a particular place, and she is at that place
in good -safety when the contract is concluded, the
risk attaches immediately.

(b) If she be not at that place when the con-
tract is concluded, the risk attaches as soon as she
arrives there in good safety, and, unless the policy
otherwise provides, it is immaterial that she is
covered by another policy for a specified time after
arrival,

(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 merchandise are

Lost or not
lost.

From,

At and from
(ship)

Freight.
VIRGIN
IsuanDs.

From the
loading
thereof,

Safely
landed,

Touch and
stay.

Perils of the
Reas.

Pirates.

Thieves.

Restraint
princes,

Barratry.

38 Marine Insurance. No. 18 of 1961.

shipped; provided that if there be cargo in readi-
ness 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.

_ 4. Where goods or other moveables are
insured “from the loading thereof”’, the risk does
not attach until such goods or moveuables are
actually on board, and the insurer is not liable for
them while in transit from the shore to the ship.

5. Where the risk on goods or other movea-
bles continues until they are ‘‘ safely 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,

6. Inthe absence of any further licence or
usage the liberty to touch and stay “at any port
or place whatsoever’ does not authorise the ship
to depart from the course of her vovage from the
port of departure to the port of destination.

ld ’

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.

8. The term “ pirates” includes passengers
who mutiny and rioters who attack the ship from
the shore.

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.

10. The term “arrests, &c., of kings,
princes, and people ” refers to political or executive
acts, and does not include a loss caused by riot or
by ordinary judical process.

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
muy be, the charterer.
No. 18 of 1961. Marine Insurance. 39

12. The term “all other perils” includes
only perils similar in kind to the perils specifically
mentioued in the policy.

13. The term “average unless general”
means a partial loss of the subject-matter insured
other than a general average loss, and does not
include “ particular charges ”.

14. Where the ship has stranded, the insurer
is liable for the excepted losses, although the loss
is not attributable to the stranding, provided 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
forthe trade, and also, in the case of a steamship,
the machinery, boilers, and coals and engine stores,
if owned by the assured.

16. The term “ freight” includes the profit
derivable by a ship owner from the employment of
his ship to carry his own goods or moveables, as
well as freight payable by a third party, but does
not include passage money.

17. The term ‘“ goods” means goods in the
nature of merchandise and does not include person-
al 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.

VirGIN
IsLANDs.

All other
perils.

Average un-
less general,

Stranded,

Ship.

Freight,

Gocds,

Printed ut the Government Printing Office Antigua, Leeward Islands,
by RospeRT LINDSAY, Government Printer.— By Authority.

1064,

450—1.64. [Price 87 cents.]
No. 6 of 1963. Passengers Tax (Amendment)
Ordinance, 1963.
[L.S.]

I Assent,
M. S. Stave.ty,
Administrator.

23rd March, 1968.

VIRGIN ISANDS
No. 6 of 1963.

An Ordinance to amend further: the Passen-
gers Tax Ordinance, 1937

[23rd March, 1963.]

ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as the
Passengers Tax (Amendment) Ordinance, 1963,
and shail be read as one with the Passengers Tax
Ordinance, 1937, as amended, hereinafter called the
Principal Ordinance,

2. Section 2 of the Principal Ordinance is
hereby amended as follows :-—

(a) by inserting immediately before the
definition of ‘‘ Master’ the following defini-
tion :—

‘““ “ Aircraft”? includes balloons,
kites, gliders, airships and flying ma-
chines, ”,

(4) by inserting between the definitions
of “Passenger” and “Tonnage” the follow-
ing definition :—

“ “Pleasure Yacht” includes any
ship, launch, houseboat, boat, randan,
wherry, skiff, dinghy, shallop, punt, or
canoe however navigated not being used
for the carriage of passengers or goods
for hire or reward, ”

(c) by inserting the words “ or aircraft”
immediately after the word ‘ vessel” in the
definiious of ** Master” and “ Passenger ”,

VIRGIN
IsLaANDs

Commence-
ment.

Short title.

1/1937,6/1939
2/1968

Amendment
of section 2 of
the Principal
Ordinance,
° VirGiIN 2 Passengers Tax (Amendment) No. 6 of 1968.

IsLaNnDs .
(d) by substituting the following detni-

tion of “ Treasurer ” :-—

“ « Treasurer”? means the Treas-
urer of the Colony and includes any
Revenue Officer or Immigration Officer.”,
and

(e) by inserting between the definitions
of ‘ Treasurer” and ‘“‘ Vessel’ the following
definition :—

“* “CU.8.) ”? means in the currency
of the United Staces of America.”

tre Prices 3. Section 3 of the Principal Ordinance is
Ordinance hereby repealed and replaced by the following
repealed and = gection:—

replaved.

“Exemption. 3, This Urdinance shall not apply
to Her Majesty’s Ships of War, or to
any vessel or aircraft not engaged in
the carriage of passengers for hire or
reward belonging to the Government
of any Country, or to any pleasure
yacht, or to any vessel or aircraft call-
ing at the Colony for the purpose of
receiving medical attention to passen-
gers.”

Insertion of — 4. The following section shall be inserted

section 5A in . . : ~ .
the Principal immediately after section 5 as section 5A of the

Ordinance. = Principal Ordinance :—
“List of pes’ 5A. The Master of each aircraft
pengera for
aircraft. about to enter or clear from the Colony
must submit to the Treasurer a list, in
in duplicate and in such form as the
Treasurer shall approve, of all passen-
gers on board or to be taken on board
the aircraft. Such list in the case of an
aircraft clearing from the Colony shall be
accompanied by the outward manifest.”
Amenament 5. Section 6 of the Principal Ordinance is

of section 6 of
the Principal hereby amended as follows:—

Ordinance,
(a) by substituting the words “ vessel or
airoraft ” for the word “ship”, and
No. 6 of 1963. Passengers Tax (Amendment.) 3

(b) by hundred and fifty dollars (U.S.)” for the
words “ fifty pounds ”.

6. Section 7 of the Principal Ordinance is
hereby amended as follows:—

(a) by inserting the words “or aircraft ”’
immediately after the word “ vessel ”, and’

(b) by substituting the expression
“thirty cents (U.S.)” for the words “ forty-
three cents ’’.

7. The following section shall be inserted
immediately after section 8 as section 8A of the
Principal Ordinance:—

‘Exemption
of Master and
Crew of Air-
oraft.

8A. The Master and Crew (not
exceeding three in number) of each
aircraft shall be exempted from the
payment of the tax imposed by this
Ordinance.”

8. Section 9 of the Principal! Ordinance is
hereby amended as follows:—

(a) by inserting the words “or aircraft”
immediately after the word “ vessel” when-
ever the latter occurs therein, and

(6) by substituting the sign, figures and
letters “$300 (U.S.)” for the sign and
figures “£100”.

9. Section 10 of the Principal Ordinance is
hereby amended as follows:—

(a) by inserting the words “‘or uircraft”
immediately after the word “ vessel” when-
ever the latter occurs therein, and

(b) by substituting the sign, figures
and letters “50 (U.S.)” for the sign and
figures “£10”.

VIRGIN
ISLANDS

Amendment
of section 7 of
the Principal
Ordinance,

Insertion of
section 8A in
the Principal

- Ordinance,

Amendment
of section 9 of
the Principal
Ordinance,

Amendment
of section 10
of the Princi-
pal Ordinance.
Vircin 4 Passengers Taz (Amendment.) No. 6 of 1963.

IsLanps
Repeal. 10. The Passengers Tax (Amendment)

2'1988. Ordinance, 1953 is hereby repealed.

M. S. STAVELEY,
President.

Passed the Legislative Council this 22nd day
of March, 1963.

J. M. Cranky,
Clerk of the Council.



Printed at the Government Printing Office, Antigua. Leeward Islands,
by Rosert Linpsay, Government Printer.—By Authority.
1964,
450—1.64. [Prece 11 cents. |