Leith Harbour and Docks Bill.

AMENDMENTS MADE BY THE LORDS

TO THE

"BILL for Improving the Harbour and Docks of Leith."

Pr. 4. 1. 5.

Pr. 5. 1. 86.

Pr. 9. 1. 7.

Pr. 10. 1. 19.

Leave out "Government" and insert "Her Majesty."

After "debt" insert "due."

Leave out from "Treasury" to " And " in l. 34.

Leave out from "Provided" to "And" in Pr. 11. 1. 22.

A

BILL

To encourage Persons to effect Insurances
on Lives.

5

[Note.-The Word printed in Italics is proposed to be inserted

W

in the Committee.]

HEREAS Insurances on Lives have proved very advan- Preamble.
tageous as the means of providing for the families of per-

sons effecting the same, and for other purposes; and it is desirable to
encourage persons to effect such Insurances, and, with that object in
view, to secure as much as possible that the claims of the persons for
whose benefit such Insurances have been effected shall not be defeated
by objections on the part of the Insurance Companies, or other In-
with whom such Insurances have been or shall be effected:

surers,

And whereas by law at present in all cases where an Insurance is 10 so defeated, and the Insurance Company or other Insurers refuse to pay the sum insured, they nevertheless retain and claim to retain the several sums which have been paid to them from time to time as premiums on the Policies by which such Insurances have been or shall be effected:

15

20

And whereas such practice is a great discouragement to persons who would otherwise effect such Insurances;

NOW, for Remedy thereof, 15 it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT in every case where an action shall hereafter be brought Actions upon upon any Policy of Insurance upon any Life or Lives, it shall be lawful for the Plaintiff or Plaintiffs (whether he, she or they

1,

Policies of
Insurance,

2. Insurance Companies

to validity of the Policy under cer

tain circumstances.

5

be the party effecting the Insurance, or a person or persons to
whom it has been assigned), besides a count on such Policy, to
insert in his declaration a count for money had and received;
and if the Defendant or Defendants shall succeed in showing
that the said Policy was void or voidable when the same was
effected or afterwards, the Plaintiff shall be entitled to recover the
amount of all sums of money which have been paid as premiums on
such Policy from the time the same was or became void or voidable,
and he shall be entitled to recover the same under the said count for
money had and received, in the same manner to all intents and pur- 10
poses as if the Plaintiff in every such case had himself paid the same
premiums out of his own monies, and the Defendants shall not plead
any plea under the statute of limitations to any such count or counts:
Provided always, That nothing in this Act shall render the Defen-
dants liable to refund the said premiums where the Policy shall have 15
ceased to be of effect by reason of the premium on the same not
having been paid within the time limited for that purpose by such
Policy, unless such default shall have been waived by the receipt of
some premium subsequently accruing or becoming due.

20

And be it Enacted, That it shall not be lawful for any Insurance not to object Company or other Insurers to object to the validity of any such Policy on the ground of any defect, misrepresentation or other objection, if it shall appear that they have received any more than one premium on such Policy after they became acquainted with such defect, misrepresentation or other objection, unless notice in writing has been given 25 by or on behalf of the Company or other Insurers, of such defect or misrepresentation, and of the intention of the Company or Insurers to avail themselves of it.

3. Limiting

Time for objecting to

validity of a Policy.

4.

Policies may

And be it Enacted, That no such defect, misrepresentation or other objection shall be any defence to such action if the ground of such 30 defect, misrepresentation or other objection occurred more than Sir Years before the commencement of such action.

And be it Enacted, That it shall be lawful for any person or persons be assigned. effecting such Insurance, or the person or persons for whom or for whose benefit the same shall be effected, to assign the said policy; 35 and it shall be lawful for the person or persons to whom such Policy shall be assigned, and every person or persons with whom any such Policy has been deposited by way of security for any loan or advance of money made to him, her or them, or to any other person or persons, at his, her or their request, and who shall have given notice of such assignment to the Company or Insurers who have granted such Policy, to sue upon the same in his own name, and to recover the sum thereby insured, in as full a manner to all intents and purposes

40