СНАРТ. Х. $63. h. The indemnification or the ransom of those who, having been sent out to sea or sent on shore for the service of the ship or cargo, have been captured, kept prisoners or enslaved. i. According to several Codes, the wages and maintenance of the crew, during the time the ship has been obliged to stop in a port of shelter. * j. The pilotage and other harbour dues to be paid on entering and leaving a port of shelter. k. The rent of the warehouses and stores, in which those goods had been deposited which could not be kept in the ship whilst the repairs in a port of shelter were being executed. 7. The charges of reclaiming, if the ship and cargo are detained or brought up and both are reclaimed by the master. m. The wages and maintenance of the crew during such reclaiming, if ship and cargo are released. † n. The charges of unloading and lighterage, together with those of bringing the ship into a port or river, when she is compelled to put in by storm, pursuit by enemies or pirates, or through any other cause, to save ship and cargo; and also the loss or damage sustained by goods through their being discharged and reloaded, in case of need, in lighters or boats, and their reloading in the ship. *See on this ARNOULD'S Marine Insurance. Edit. Maclachlan, 1877. p. 842. † ARNOULD. Idem. p. 844. Voluntary Stranding. o. The damage caused to the ship or to the cargo, or to both, if the ship has been purposely run on shore, in order to prevent her capture or perishing, and equally so, if this has taken place under any other threatening danger, to save ship and cargo. * p. The charges and cost of assistance to set the stranded ship afloat again, in the case above alluded to, and remuneration for all special services rendered to prevent the loss or capture of the ship. 7. The loss or damage sustained by the goods, which, in case of distress, have been put in lighters or boats, including the share in the general average due by the goods to such lighters or boats, and, reciprocally, the loss or damage caused to goods which have remained in the orignal ship, and to the ship herself after the lighterage, for as much of such damage or loss as belongs to general average. r. The wages and maintenance of the crew, if, after the beginning of the voyage, the ship is detained by a foreign power, or by the breaking out of a war, as long as ship and cargo are not released from all reciprocal engagements. † s. The bottomry premium (maritime interest) of sums raised to defray expenses pertaining to general average. t. The premium of insurance to cover ex penses pertaining to general average, * See with regard to Voluntary Stranding, ARNOULD. Edition, Maclachlan, Vol. II. pp. 834-838. With regard to the existing practice among adjusters in England on Voluntary Stranding, see RICHARD LOWNDES, the Law of General Average. Edit. 1872, page 77 et seq. † ARNOULD. Edit. Maclachlan. 1877. p. 844. or the loss sustained by the sale of part of the cargo, in a port of shelter, to cover those expenses. u. The charges incurred for the valuation and adjustment of the general average. ". The expenses, including the augmented wages and the maintenance of the crew occasioned by an unusual quarantine, not foreseen at the closing of the affreightment, so far as the ship, and the articles composing the cargo, are subject thereto. w. Generally, any sacrifice, after due deliberation, purposely and intentionally rendered in distress, as the only alternative for the preservation and common good of ship and cargo, and undertaken on account of the common adventure, with a view to avert total loss of the whole, and any loss sustained as a direct consequence of such sacrifice and the expenses incurred, under such circumstances. Thus may be defined what is called an act of general average in law. 3°. If internal defects of the ship, her unfitness' for the performance of the voyage, or fault or neglect of the master or crew, have caused the damage or expenses, these latter are not general average, although willingly incurred for the good of ship and cargo after requisite deliberation. Again, an act which would fall within the compass of the ordinary duties of the shipowner cannot be regarded as a general-average act. The danger may be pressing and the efforts to escape it may be attended with loss, but if the means employed are such as come within the ship Particular owner's contract to employ the loss falls upon him only. * 4°. A particular average loss is such loss or damage as is accidentally caused to the subject insured, by the perils insured against. † Such are the following contingencies: a. All damage and loss caused to the ship or to the cargo, by storm, capture, shipwreck or accidental stranding. b. Salvage and the disbursements made in saving ship and cargo. c. The loss of and the damage caused to cables, anchors, cordage, sails, bowsprit, topmasts, yards, boats, and shipstores, by storm, or other mishaps at sea. d. The charges of reclaiming, and the maintenance and wages of the crew during the reclaiming, if only the ship, or the cargo alone, have been seized. e. The special repairs of casks and the expenses for putting in order damaged merchandise, so far as they are not the direct consequence of any casualty which constitutes general average. f. The surplus freight and the charges of loading and unloading, which have to be paid if the ship is condemned during the voyage, in case the goods are forwarded by another vessel, for account of the shippers, according to the rule mentioned in § 72, sub-section 15°. g. Generally, all damages, losses and expenses, which are not caused or occasioned expressly or purposely by care * ARNOULD. Marine Insurance. Edit, Maclachlan, 1877. p. 812, ARNOULD. Idem. p. 888. for the common safety of ship and cargo, average. Particular regard to goods 5°. When a ship is prevented, by existing General and shoals, shallows or banks, from leaving the place Average with of departure, or reaching her place of destination in lighters. with her full cargo, and a part thereof must thus be conveyed to the ship by, or discharged in lighters, such lighterage is not considered as average. The expenses come to the charge of the ship, if no other agreement has been made by the bills of lading or charter-party. 6°. The rules respecting general and particular average, stated above, likewise apply to the lighters just mentioned and the objects loaded in the same. 7°. If, during their navigation, any damage comes to the lighters or to the goods loaded therein which belongs to general average, one third thereof is sustained by the lighters, and two thirds by the goods which are on board of them at the time. These two thirds are afterwards assessed as general average on the ship, the freight and the whole cargo, including that on board the lighters. 8°. Reciprocally, the goods laden in the lighters continue, in common with the ship and the remainder of the cargo, to participate in the general average which may have come to the ship and the cargo, till the moment the goods laden in the lighters shall have been landed at their place of destination and delivered to the consignees. * * The rules mentioned in sub-sections 7 & 8, as adopted on the Continent of Europe and America, do not always govern English practice. See RICHARD LOWNDES. The Law of Average. Edit. 1872, page 175 et seq. |