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danger of being sunk, and to lighten the ship the goods are cast into the sea, and afterwards notwithstanding the ship perish. Lagan {vel potius ligan) is when the goods are so cast into the sea, and afterwards the ship perishes, and such goods cast are so heavy that they sink to the bottom, and the mariners to the intent to have them again, tie to them a buoy, or cork, or such other thing that will not sink, so that they may find them again."1

By the Merchant Shipping Act receivers of wreck are appointed throughout the United Kingdom as the persons who are to take possession of all wreck, and give due notice thereof at the nearest custom-house, and also if it exceed the value of 20Z. to the secretary of Lloyd's, and in all cases to any one entitled as of right to unclaimed wreck within the district.* There is power to sell it if perishable, or if so little valuable as not to bear the expense of warehousing; but in other cases, after keeping unclaimed wreck for a year, they are to deliver it over to any one entitled of right to such unclaimed wreck, or otherwise to sell tbe same and pay the surplus after expenses, into Her Majesty's exchequer.3

All persons finding wreck are to give notice of the same immediately to the receiver of wreck, under penalty for default in case such finder is the owner, of 100Z.; and if he is not owner of the wreck, under pain of forfeiting all claim to salvage, paying double value to the person entitled to such wreck, and also a penalty of 100Z."

The receiver may, under warrant of a justice of the peace, search for and seize concealed wreck; any article of wreck improperly in the possession of any one, he may take from him by force; and any attempt to plunder wreck, or to raise disorder, or riot, in case of shipwreck on the coast, may be suppressed by him with force, being indemnified and kept harmless notwithstanding any hurt, maim, or loss of life sustained in consequence of any orders from him in the lawful execution of his duties.'

Ample and salutary powers are conferred on him to impress

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men and means for giving effective and immediate assistance dering i to vessels in distress, with a view to saving life and property tress. therefrom.1

In such a case if property is plundered, damaged, or Compensation to destroyed by persons riotously and tumultuously assembled peered M1"* together, on shore or afloat, provision is made for the owner delved, thereof recovering full compensation in England from the inhabitants of the hundred, wapentake, ward, or district in the nature of a hundred, by whatever name denominated in or nearest to which the offence is committed, according to the 7 & 8 Geo. 4, c. 31 ;s in Ireland, from the inhabitants of the county, county of a city or town, barony, town or towns, parish or parishes, in or nearest to which the offence is committed, according to the 3 & 4 Wm. 4, c. 37, § 72; and in Scotland, from the inhabitants of the county, city, or borough, in or nearest to which the offence was committed, according to the 1 Geo. 1. st. 2, c. 5.'

Any person who wrongfully carries away, or removes part of Penalties on any ship or boat stranded, or in danger of being stranded, or otherwise in distress on or near the shore of any sea or tidal water, or any part of the cargo, or apparel thereof, or any wreck; or endeavours to impede the saving of the same; or secretes wreck, or obliterates or defaces marks thereon, is liable, in addition to any other punishment by any law whatever imposed, to a penalty not exceeding 50i. for each offence.

And any person not being a receiver, or not having his sanction, endeavouring to board such vessel, incurs for each offence a penalty not exceeding 50 L, and may also be lawfully resisted by the master of such vessel with force."

Any person taking into a foreign port, and selling there Punishment for

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any part of a snip or boat stranded, derelict, or otherwise in o{ nbr0ad. distress on or near the shore of the sea, or any tidal water of the United Kingdom, or any wreck found there, is guilty of felony, and liable to penal servitude for a term not exceeding four years.5

1 17 4 18 Vict. c. 104, § 441, 442, 374 and notes. 446-449. 3 17 & 18 Vict. c. 104, § 477.

s See Pinkney v. Inliah. of East 4 Ibid. § 478. Hundred of Rutland, 2 Wins. Saund. » IbitJ.J 479.

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What It is. General Average denotes that contribution which is made

by all who are parties to the same adventure towards a loss arising out of extraordinary sacrifices made, or extraordinary expenses incurred by some of them for the common benefit of ship and cargo. By this name it is distinguished from particular average which, in insurance law, denotes an ordinary loss happening by misadventure to ship or cargo, and is borne where it falls; and by Gross Average, as it is sometimes named, it is distinguished from petty average, the average accustomed inserted in bills of lading and usually compounded for by a small per-centage to the shipowner.

For this rule of general average the world is indebted to the ancient laws of Rhodes, through the tradition of the jurists of Rome. It is deeply founded in the principles of natural justice; and it is commended by practical wisdom and equity to adoption among commercial nations wherever and so long as maritime traffic is a pursuit.

A loss, in order to be the object of such contribution, must Gotuui AveRage LOSS.

have been of an extraordinary nature, advisedly incurred, under circumstances of imminent danger, for the common benefit of ship and cargo, and have aided at least in the accomplishment of that purpose. "All loss which arises in consequence of extraordinary sacrifices made, or expenses incurred for the preservation of the ship and cargo, come within general average, and must be borne proportionably by all who are interested."'

The description of the loss as extraordinary is intended both h extraordinary

• -i! i i <• .in point of

for the shipowner and the merchant, and excepts from contri- occasion,
bution all losses, however unusual in circumstances, which are
fairly within the scope and contemplation of the contract made
by either.

The loss of sails, yards, or masts, therefore, and generally Losses tliat arc any damage to the ship by perils of the sea, with all expense nnnsnal.'tbougl1 of repairing the same, fall upon the shipowner without right of recovery over unless it be from his own insurer.' An iron vessel, because her compasses were improperly adjusted, went ashore on the coast of Ireland with a cargo on board; and after the goods were unloaded and warehoused, considerable expense was incurred in floating her off, taking her to a neighbouring port for repairs, and in repairing her; but this expense, it was held, must fall on the shipowner alone, the benefit being confined to the ship, and the casualty such as was contemplated by his contract.3

A vessel that had struck to a privateer, but could not be immediately boarded by the captors for the storm that prevailed, crowded sail and made off, but lost a spar and was much strained by the effort; the cargo was thereby saved, and the master had wisely done his duty, but the loss resulting to the ship was occasioned by a use of her that was clearly within the shipowner's engagement/ The Hibernia, merchantman, with

1 Per Lawrence, J., Birkley !'. Pies- 9 t'. B. 586; per curiam, Job v. Langgrave, 1 East, 220, 228, and see per ton, 6 E. & B. 779; 26 L. J. (Q. B.) Lord Stowell, The Copenhagen, Mening, 97, 100.

1 C. Rob. Ad. 289. 3 Job v. Langton, 6 E. & B. 779;

1 Power v. Whitmore, 4 M. 4 Sel. 26 L. J. (Q. B.) 97 8. C.

141 ; qualifying Plummer v. Wildman, * Covington v. Roberts, 2 B. & P.

3 M. & Sel. 482; Hallett r. Wigram, N. H. 378.

twenty-two men and six guns, was overtaken on her voyage to St. Thomas by an American privateer, carrying twenty-two guns and 125 men, and after a conflict of eleven hours, she obliged the privateer to sheer off, having in the meantime sustained much injury herself; a claim was afterwards made for damage to the hull and rigging, and the expense of repairs; for cost of curing wounds; and for expenditure in powder and shot; but the Court held as to the whole of the claim, that it was not a loss within the rule of general average. For, per Gibbs, C. J., "the measure of resisting the privateer was for the general benefit; but it was a part of the adventure. No particular part of the property was voluntarily sacrificed for the protection of the rest. The losses fell where the fortune of war cast them, and there, it seems to me, they ought to rest."1

Valin, however, as he admits, against the weight of authority, is of opinion that the damage to ship and cargo received in fighting to avoid being taken should be a general average loss.* Certainly the expense of curing wounds received in defence of the ship is expressly made the subject of general average by the Hanse law,' and the French Code/

So, generally, damage received by the sliiji in a storm which obliges her to put to sea in order to avoid the danger of a lee shore,5 or sustained by accidental collision with another,8 or suffered from water thrown into the hold to extinguish spontaneous combustion of the cargo,' and the repairs consequent thereon, are not of the nature of a general average loss.

Nor has the shipowner any claim of this kind for expense incurred by the ship in running into an intermediate port to avoid contrary winds, or to obtain water or provisions ;8 or for

1 Taylor v. Curtis, 6 Taunt. 608, 624.

5 2 Valin, 167, referring to Kuricko ad Jus. Hans. t. 14, art, 3 ; Targa, 322; Casaregis, Disc. 46, no. 43, as being of a different opinion.

s Hans. Ord. 1591, art. 36—2 rimless. 518.

* Code de Com. art. 6; Ord. 1681, liv. 3, t. 7, art. 6—4 Pardess. 380.

5 Power v. Whitmore, 4 M. & Sel. 141.

c Plumracr v. Wildman, 3 M. & Sel. 482, is not now received as law even to the extent that it goes; per Lord Campbell, C. J., in Job r. Langton; 2 Phillips, Ins. 1272; Peters v. Warren, Ins. Co. 1 Story E. 463.

'1 Emerigon, 430; Crockett v. Dodge, 3 Fair. (Amer.) Rep. 190; 2 Arnould, Ins. 915.

8 Stevens on Average, 23: Benwkc, 214; 2 Arnould, Ins. 921.

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