is attributable to the pertinacity with which, in this country, the principles hitherto acknowledged have been adhered to; then, I think, the most natural course of proceeding was to invite as much voluntary co-operation as possible from abroad, for the discussion and determination of what our international law ought really to be, without engaging to propose such law for the adoption of foreign Governments before it had been adopted and passed by the British legislature.

The Committee intend to follow with this law the same course as had been pursued with reference to some other enactments—as, for instance, the navigation clauses of the Merchant Shipping Amendment Act, of 1862, which were first passed in this country, and adopted by the other maritime nations, who would certainly feel less objection when they saw that what the British government submitted for their adoption was the result of the discussions of an International Congress of gentlemen so well qualified to assist therein.

The Committee has strengthened itself by inviting to its deliberations the delegates who have expressed their willingness to assist cordially in its labours, and it is to be hoped that, after this Congress has arrived at a determination as to what clauses the draft Bill is to contain, the Committee may be empowered to take immediate steps to lay the results of the labours of the Congress before the Board of Trade, at the time most convenient to insure the attendance of the delegates who here honour us with their presence.

I sincerely hope that the third Congress may really succeed in leading to a practical result.

The International General Average rules framed at the above Congress are as follows:

Jettison of Deck Cargo.

I. A jettison of timber or deals, or any other description of wood cargo, carried on the deck of a ship in pursuance of a general custom of the trade in which the ship is then engaged, shall be made good as General Average, in like manner as if such cargo had been jettisoned from below deck.

No jettison of deck cargo, other than timber or deals, or other wood cargo, so carried as aforesaid, shall be made good as General Average.

Every structure not built in with the frame of the vessel shall be considered to be a part of the deck of the vessel.

Damage by Jettison.

II. Damage done to goods or merchandise by water which unavoidably goes down a ship's hatches opened, or other opening made, for the purpose of making a jettison, shall be made good as General Average, in case the loss by jettison is so made good.

Damage done by breakage or chafing, or otherwise from derangement of stowage consequent upon a jettison, shall be made good as General Average.

Extinguishing Fire on Shipboard.

III. Damage done to a ship and cargo, or either of them, by water or otherwise in extinguishing a fire on board the ship, shall be General Average.

Cutting away Wreck.

IV. Loss or damage caused by cutting away the wreck or remains of spars, or of other things which

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have previously been carried away by sea peril, shall not be made good as General Average.

Voluntary Stranding.

V. When a ship is intentionally run on shore because she is sinking or driving on shore or rocks, no damage caused to the ship, the cargo, and the freight, or any or either of them, by such intentional running on shore, shall be made good as General Average.

Carrying a Press of Sail.

VI. Damage occasioned to a ship or cargo by carrying a press of sail shall not be made good as General Average.

Port of Refuge Expenses.

VII. When a ship shall have entered a port of refuge under such circumstances that the expenses of entering the port are admissible as General Average, and when she shall have sailed thence with her original cargo, or a part of it, the corresponding expenses of leaving such port shall likewise be so admitted as General Average; and whenever the cost of discharging cargo at such port is admissible as General Average, the cost of reloading and stowing such cargo on board the said ship, together with all storage charges on such cargo, shall likewise be so admitted. Except that any portion of the cargo left at such port of refuge, on account of its being unfit to be carried forward, or on account of the unfitness or inability of the ship to carry it, shall not be called on to contribute to such General Average.

Wages and Maintenance of Crew in Port of Refuge. VIII. When a ship shall have entered a port of refuge under the circumstances defined in Section VII., the

wages and cost of maintenance of the master and mariners, from the time of entering such port until the ship shall have been made ready to proceed upon her voyage, shall be made good as General Average. Except that any portion of the cargo left at such port of refuge on account of its being unfit to be carried forward, or on account of the unfitness or inability of the ship to carry it, shall not be called on to contribute to such General Average.

Damage to Cargo in Discharging.

IX. Damage done to cargo by discharging it at a port of refuge shall not be admissible as General Average, in case such cargo shall have been discharged at the place and in the manner customary at that port with ships not in distress.

Contributory Values.

X. The contributions to a General Average shall be made upon the actual values of the property at the termination of the adventure, to which shall be added the amount made good as General Average for property sacrificed; deduction being made from the shipowners' freight and passage money at risk, of 2-5ths of such freight, in lieu of crew's wages, port charges, and all other deductions; deduction being also made from the value of the property of all charges incurred in respect thereof subsequently to the arising of the claim to General Average.

XI. In every case in which a sacrifice of cargo is made good as General Average, the loss of freight, if any, which is caused by such loss of cargo, shall likewise be so made good.

II.

THE INTERNATIONAL LAW OF AFFREIGHTMENT,

Adopted by the Conference at SHEFFIELD, October 1865. I. To establish, as a general rule, that freight should not be due until the voyage be accomplished, i.e. until delivery of the cargo at the port of destination, unless where a special agreement is made to the contrary.

II. If in the course of the voyage the ship, in consequence of the perils of the sea, and not through any default on the part of the captain or owner, has become unseaworthy, and not in a state to accomplish her voyage, the captain shall act as the agent for all concerned, and, if prudent and practicable, shall forward the cargo to its destination by other vessel or vessels; and in this case he shall, upon delivery, have a claim for the whole of the freight due under the original charter-party (or bill of lading), although in consequence of the cargo having been forwarded the goods have been transported at a lower freight. But the captain of the original vessel is liable for the forwarding freight.

If, on the contrary, the forwarding freight is equal to or greater than the original freight, the captain can claim no freight, but the owner of the cargo will be liable for the whole of the forwarding freight.

If the captain does not forward the cargo, he has not claim for freight.

any

The system of pro rata freight is entirely abolished. III. If the owner of the cargo, or any part of it, wish to withdraw it before the termination of the voyage, in