HL Deb 28 November 1906 vol 166 cc22-7

Order of the Day read for the consideration of the Commons Amendments.

THE EARL OF HALSBURY

My Lords, I move that your Lordships agree to all the Commons Amendments with certain exceptions standing in my name on the Paper. A great many of the Amendments inserted by the Commons are those which I should recommend your Lordships to accept, but I think the gentlemen who drafted them sometimes forgot that they should pursue the subject of their Amendments through the Bill. This they occasionally have not done, and the result is that the Bill would not be workable as it stands. We have gone through the Bill with the Amendments and pursued those Amendments to the end so as to make them workable. I doubt whether your Lordships would gain much information if I were to read seriatim the Commons Amendments and the proposed Amendments to them. But they have been very carefully gone through, and my noble and learned friend on the "Woolsack entirely agrees that the course proposed is the most convenient one to pursue. I cannot take leave of the subject without thanking His Majesty's Government, and especially the Lord Chancellor, for having accomplished that which I have for three years been endeavouring to do, after considerable conference with the other House and with persons interested in marine insurance. I cannot help thinking that but for the conduct of His Majesty's Government and the Lord Chancellor my three years labour in this direction might have been thrown away. I am very grateful to them, and I think the country is also indebted to Mr. Chalmers, who drafted these Amendments, and who has now accomplished, with the assistance of His Majesty's Government, what a great number of persons engaged in the mercantile marine and in marine insurance have long been anxious to effect. I am confident that the Bill will prove a good boon to both these classes.

Moved, To agree to all the Commons Amendments with the following exceptions—

Commons Amendment— In Clause 4, page 2, line 22, after the word 'wagering' to insert the words 'or with no expectation of acquiring such an interest.'

Proposed Amendment— Agree to this Amendment with the following consequential Amendment, namely: In page 2, lines 20 and 21, to leave out the words 'by way of gaming or wagering or.'

Commons Amendment— In Clause 14, pages 3 and 4, to leave out sub-sections (2) and (3).

Proposed Amendment— Agree to this Amendment, with the following consequential Amendment, namely: In page 3, line 36, after the word 'mortgage' to insert as a new sub-section: '(2) A mortgagee, consignee, or other person having an interest in the subject matter insured may insure on behalf and for the benefit of other persons interested as well as for his own benefit.'

Commons Amendments— In Clause 18, page 5, line 12, after the word 'him' to insert the words 'or ought to have been communicated to him by his agents.' In Clause 18, page 5, line 17, after the word 'risk' to insert the words 'and in particular the fact that a policy is effected by way of re-insurance is material.' In Clause 25, page 7, line 11, to leave out the word 'may' and to insert the word 'shall.'

Disagree to these Amendments.

Commons Amendment— In Clause 27, page 7, line 28, after the word 'policy' to insert the words 'but when the interest is of such a kind as to affect the character of the risk, it must be stated; and in particular a loan on bottomry or respondent is not effectually insured by a policy on ship or goods unless the nature of the interest is stated.'

Proposed Amendment— Disagree to this Amendment, but in lieu thereof leave out lines 29, 30, and 31.

Commons Amendment— In Clause 10, page 11, line 3, to leave out from the word 'equipment' to the end of the sub-section, and to insert the words 'the warranty in respect of such preparation or equipment is satisfied if at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage.'

Proposed Amendment— Amend this Amendment by leaving out the words 'the warranty in respect of such preparation or equipment is satisfied if and insert the words 'there is an implied warranty that.'

Commons Amendment— In Clause 40, page 11, line 8, after the word 'respects' to insert the words 'including manning, equipment, and stowage.'

Disagree to this Amendment.

Commons Amendments— In Clause 58, page 15, line 29, to leave out the words 'irreparably damaged,' and to insert the words 'an actual total loss.' In Clause 58, page 15, line 30, to leave out from the word 'specie' to the end of line 33.

Proposed Amendment— Disagree to these Amendments, it in lieu thereof leave out sub-section (2).

Commons Amendment— In Clause 61, page 16, line 25, to leave out from the word 'repairs' to the word 'or,' in line 28, and to insert the words 'no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but deduction is to be made of contributions which would be payable by other interests towards necessary future expenses.'

Proposed Amendment— Amend this Amendment by leaving out from the word 'but' to end of Amendment and inserting the words '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.'

Commons Amendment — In Clause 63, page 17, line 4, after the word 'abandon,' to insert the words 'the insured interest in.'

Proposed Amendment— Amend this Amendment by leaving out the words 'the insured,' and inserting the word 'his.'

Commons Amendment— In Clause 65, page 18, line 14, at the beginning of the line to insert the words, 'Expenses incurred by or on behalf of the assured for the safety or preservation of the ship insured other than general average and salvage charges are called particular charges.

Proposed Amendment— Amend this Amendment by leaving out the words 'ship,' and inserting the words 'subject-matter.'

Commons Amendment— In Clause 67, page 19, line 13, at the beginning of the line to insert the words 'As between the shipowner and a shipper.'

Proposed Amendment— Disagree to this Amendment, but in lieu thereof leave out sub-section (7), namely, lines 13 to 16, on page 19.

Commons Amendment— In Clause 67, page 19, line 18, to leave out from the first word 'assured' to the end of line 20, and to insert the words 'the rights and liabilities of the insurers in respect of general average losses are to be determined as if those subjects were owned by separate persons.'

Proposed Amendment— Amend this Amendment by making it run 'the liability of the insurers in respect of general average losses or contributions are to be determined as if those subjects were owned by different persons.'

Commons Amendment— In Clause 71, page 20, line 26, to leave out the word 'whole' and to insert the words 'highest amount of.'

Disagree to this Amendment.

Commons Amendment— In Clause 80, page 23, line 33, after the word 'to' to insert the words 'the interests of the assured in.'

Proposed Amendment— Amend this Amendment by making it run 'take over the interest of the assured in.'

Commons Amendment— In Clause 85, page 25, line 31, after the word 'policy' to insert the words 'and when the double insurance is effected knowingly no premium is returnable.'

Proposed Amendment — Amend this Amendment by inserting after the word 'knowingly' the words 'by the assured.'"—(The Earl of Halsbury.)

THE LOED CHANCELLOE (Lord LOREBURN)

My Lords, I am sure it has given the Government, and certainly it has given me, great satisfaction to be of any help in passing this Bill and in rendering fruitful the great pains which the noble and learned Earl has taken for some years past to put this question of marine insurance upon a satisfactory foundation. I think I may fairly congratulate my noble and learned friend upon the success of his labours. I agree with him that the measure is a most valuable one, and I believe it will be thoroughly appreciated by the mercantile community. I also think, with my noble and learned friend, that Mr. Chalmers deserves the thanks of the community for the trouble he has taken in this matter. The Commons Amendments were considered in the other House, and being of a very highly technical nature some of them were left for the consideration of the noble and learned Earl and myself. I have considered them to the best of my ability and the noble and learned Earl has also considered them, and we have come to an agreement on these highly technical points of law. The Commons Amendments are in the main such as I think ought to be adopted, and those which are not agreed to as they stand are either those in which a consequential Amendment has not been accepted or those which require some little addition in order to work effectively. I believe the most convenient course is to accept en bloc the Amendments of the Commons with the qualifications and Amendments appearing on the Paper in the name of the noble and learned Earl. I believe that will be acceptable to the House of Commons, and that it will bring about this most interesting and important improvement in the law.

On Question, Motion agreed to, and a Committee appointed to prepare reasons to be offered to the Commons for disagreeing to several Commons Amendments; the Committee to meet forthwith.