第48条 航程延迟(Delay in voyage)
 48. 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.
  第49条 获准绕航或延迟(Excuses for deviation or delay)
 49.(1) Deviation or delay in prosecuting the voyage contemplated by the policy is excused-
  (a) Where authorized by any special term in the policy; or
  (b) 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 warranty; or
  (d) Where reasonably necessary for the safety of the ship 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 purpose 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.
 (2) When the cause excusing the deviation or delay ceases to operate, the ship must resume her course, and prosecute her voyage, with reasonable dispatch.”
  49.(1) 船舶在完成保险单载明的航程中,下述绕航或延迟是许可的:
  (a) 保险单中特殊条款授权者;
  (b) 船长或其雇员不能控制的情况造成的;
  (c) 为遵循明示或默示保证所合理必要的;
  (d) 为船舶或保险标的的安全所合理必要的;
  (e) 为救助人命或为救护有人命危险的遇难船舶;
  (f) 为船上任何人员合理地及时得到内、外科治疗所合理必要的;
  (g) 如果“船长、船员欺诈恶行”是承保风险,由于船长或船员的欺诈恶行造成的。
  (2) 一旦允许绕航或迟延的理由终止, 船舶必须合理快速地回复其原航线并完成其航程。
  保险单的转让(Assignment of Policy)
  第50条 何时及如何转让保险单(When and how policy is assignable)
  “50.-(1) A marine policy is assignable unless it contains terms expressly prohibiting assignment. It may be assigned either before or after loss.
  (2) Where a marine policy has been assigned so as 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 endorsement thereon or in other customary manner.
  第51条 无保险利益者不能转让保险单(Assured who has no interest cannot assign)
  51. 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 subsequent assignment of the policy is inoperative;
 Provided that nothing in this section affects the assignment of a policy after loss.
  保险费(The Premium)
  第52条 何时缴付保险费(When premium payable)
  52.Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insured 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.
  第53条 通过经纪人订立的保险单(Policy effected through broker )
  53.(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 assured for the amount which may be payable in respect of losses, or in respect of returnable premium.
  (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.
  53.(1) 除非另有约定,在海上保险单是由经纪人代表被保险人办理之场合,该经纪人应对保险人就该保险费承担直接责任,关于因灭失应付之赔偿或可退还的保险费,保险人应向被险人直接负责。
  (2) 除非另有约定,经纪人就其缴纳的保险费和他代办投保的费用,对被保险人享有留置保险单的权利;经纪人如果同作为雇主雇用他的人打交道,而在保险账目中该人有应当支付他的余额时,他也有留置保险单的权利,除非这种债务产生时,他有理由相信此种人只是一个代理人。
  第54条 收据对保险单的效果(Effect of receipt on policy)
  54.Where a marine policy effected on behalf of the assured by a broker acknowledges the receipt of the premium, such acknowledgment is, in the absence of fraud, conclusive as between the insurer and the assured, but not as between the insurer and broker.
  灭失及委付(Loss and Abandonment)
  第55条 保险和除外灭失(Included and excluded losses)
  55.(1) Included and excluded losses Subject to the provisions of this Act, 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 against.
  (2) In particular-
  (a) The insurer is not liable for any loss attributable to the willful 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 loss would not have happened but for the misconduct or negligence of the master or crew;
  (b) 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 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.
  (2) 尤其是-
  (a) 保险人不承担由被保险人恶意行为所导致的任何损失,但除非保单另有规定,保险人对承保风险直接导致的任何损失承担责任,尽管若非船长或船员的恶意行为或疏忽该损失将不会发生;
  (b) 除非保单另有规定,船舶险或货物险保险人将不对由迟延直接导致的任何损失承担责任,尽管该迟延是由承保风险所引起;
  (c) 除非保险单另有规定,对通常磨损、渗漏和破裂,保险标的固有缺陷或特性,或者鼠害或虫害造成的任何损失,或者不是海上危险造成的机器损坏,保险人不负赔偿责任。
  第56条 部分损失和全损(Partial and total loss)
  56.(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 an actual 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 otherwise 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 identification, the loss, if any, is partial, and not total.”
  56.(1) 损失可以为全损或部分损失。任何非本法下文所规定的全损的损失,为部分损失。
  (2) 全损可以为实际全损,或者推定全损。
  (3) 除非保险单条款另有不同的意思,全损险除承保实际全损外,还承保推定全损。
  (4) 被保险人提出全损诉讼请求,而证据证明仅为部分损失的,除保险单另有规定外,他可以索赔部分损失。
  (5) 货物以原有品种抵达目的地,只是由于标识之涂擦或者其他原因而无法识别的,该损失,如果有的话,是部分损失而非全损。
  第57条 实际全损(Actual total loss)
  57.(1) Where the subject-matter is destroyed, or so damaged as 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 abandonment need be given.
  57.(1) 当保险标的完全灭失,或者损坏程度严重到不再是与原保险标的类似的事物,或者被保险人无可挽回地丧失了该保险标的者,构成实际全损。

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