the ship is condemned or does not proceed on her original voyage, the wages and maintenance of the masters, officers, and crew, incurred after the date of the ship's condemnation or of the abandonment of the voyage, shall not be admitted as general average.

RULE XII.—Damage to Cargo in Discharging, &c.

Damage done to or loss of cargo necessarily caused in the act of discharging, storing, reloading, and stowing, shall be made good as general average, when and only when the cost of those measures respectively is admitted as general average.

RULE XIII.-Deductions from Cost of Repairs.

In adjusting claims for general average, repairs to be allowed in general average shall be subject to the following deductions in respect of "new for old," viz. :—

In the case of iron or steel ships from date of original register to the date of accident

(A) Up to 1 year old:

All repairs to be allowed in full, except painting or coating of bottom, from which one-third is to be deducted.

(B) Between 1 and 3 years:—

One-third to be deducted off repairs to and renewal of woodwork of hull, masts, and spars, furniture, upholstery, crockery, metal, and glassware; also sails, rigging, ropes, sheets, and hawsers (other than wire and chain), awnings, covers, and painting; one-sixth to be deducted off wire rigging, wire ropes, and wire hawsers, chain cables and chains, donkey engines, steam winches and connections, steam cranes and connections; other repairs in full.

(c) Between 3 and 6 years:—

Deductions as above under clause B, except that one-sixth be deducted off ironwork of masts and spars, machinery (inclusive of boilers and their mountings).

(D) Between 6 and 10 years :—

Deductions as above under clause C, except that one-third be deducted off ironwork of masts and spars, repairs to and renewal of all machinery (inclusive of boilers and their mountings), and all hawsers, ropes, sheets, and rigging.

(E) Between 10 and 15 years :—

One-third to be deducted off all repairs and renewals, except ironwork of hull and cementing and chain cables, from which one-sixth to be deducted; anchors to be allowed in full.

(F) Over 15 years:—

One-third to be deducted off all repairs and renewals; anchors to be allowed in full; one-sixth to be deducted off chain cables.

(G) Generally :—

The deductions (except as to provisions and stores, machinery and boilers) to be regulated by the age of the ship, and not the age of the particular part of her to which they apply; no painting bottom to be allowed if the bottom has not been painted within six months previous to the date of accident; no deduction to be made in respect of old material, which is repaired without being replaced by new, and provisions and stores which have not been in use.

In the case of wooden or composite ships :

When a ship is under one year old from date of original register, at the time of accident, no deduction new for old shall be made. After that period a deduction of one-third shall be made, with the following exceptions:

Anchors shall be allowed in full; chain cables shall be subject to a deduction of one-sixth only.

No deduction shall be made in respect of provisions and stores which had not been in use.

Metal sheathing shall be dealt with by allowing in full the cost of a weight equal to the gross weight of metal sheathing stripped off, minus the proceeds of the old metal. Nails, felt, and labour metalling are subject to a deduction of one-third.

In the case of all ships, the expense of straightening bent ironwork, including the labour of taking out and replacing it, shall be allowed in full.

Graving dock dues, including expenses of removals, cartage, use of shears, stages, and graving dock materials shall be allowed in full.

RULE XIV.-Temporary Repairs.

No deductions "new for old" shall be made from the cost of temporary repairs of damage allowable as general average.

RULE XV.-Loss of Freight.

Loss of freight arising from damage to or loss of cargo shall be made good as general average, either when caused by a general average act, or when the damage to or loss of cargo is so made good.

RULE XVI.—Amount to be Made Good for Cargo Lost or Damaged by

Sacrifice.

The amount to be made good as general average for damage or loss of goods sacrificed shall be the loss which the owner of the goods has sustained thereby, based on the market values at the date of the arrival of the vessel or at the termination of the adventure.

RULE XVII.-Contributory Values.

The contribution 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 shipowner's freight and passage money at risk of such port charges and crew's wages as would not have been incurred had the ship and cargo been totally lost at the date of the general average act or sacrifice, and have not been allowed as general average; deduction being also made from the value of the property of all charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average. Passengers' luggage and personal effects, not shipped under bill of lading, shall not contribute to general average.

RULE XVIII.-Adjustment.

Except as provided in the foregoing rules, the adjustment shall be drawn up in accordance with the law and practice that would have governed the adjustment had the contract of affreightment not contained a clause to pay general average according to these rules.

PARTICULAR AVERAGE.

"PARTICULAR average

is not a very accurate expression. What is called a particular average loss is, in fact, no average at all, but merely a particular loss to be borne by one particular interest; the expression is, however, universally adopted in referring to ordinary partial losses, accidentally caused by the perils insured against, either to the ship alone, or the cargo alone, or to the freight alone. Some extraordinary expenses (beyond mere wear and tear) not incurred for the joint benefit of ship, freight, and cargo, also come within the description of particular average.

As it is not a loss or expense incurred for the general benefit, it is to be borne solely by the property on which it happens to fall; but the sufferer, if insured, is entitled to have his loss made good by his own underwriters, if the loss comes within the terms of his policy.

PARTICULAR AVERAGE ON SHIP.

All partial damage to the ship, caused by the direct and violent action of the perils insured against, are particular average on the ship, and as such are chargeable against the underwriters, if the ship is insured. If the ship at the commencement of the voyage was seaworthy, and had a competent captain and a sufficient crew, then the underwriters are liable to make good any loss, of which the immediate cause was one of the perils insured against, even if the negligence of the captain or crew of the ship was the original or remote cause of the loss.

The following losses and expenses are recoverable as particular average on ship:—

Damage done by the accidental striking or stranding of the ship on a rock, shore, or wreck, or other solid body.

Damage arising from a leak, caused by the ship having struck the ground, or by being struck by a sea (but if the leak is caused by the ordinary straining of the ship, then it is only wear and tear).

Masts, spars, cables, anchors, &c., carried away or lost by a storm, or by the wind, or in a heavy, cross-rolling sea, or by other perils

insured against (but the cost of shipping fresh anchors is general average, as before stated). If spars and rigging are damaged or broken by a storm, and are afterwards cut away and cast overboard because they encumber the deck, or because they cannot be saved, that is a particular average loss against the ship; but if spars or rigging are broken by the wind, and it becomes necessary to cut them away in order to save the ship, then the value of them, in the state they were in after the accident is to be contributed for in general average; and the residue is particular average.

Loss of sails, or damage done to them by a sudden squall, which does not allow time for them to be furled.

Sails burst by heavy seas.

Damage done by collision.

Loss of stores which are always carried on deck (such as water casks, &c.).

Boats washed overboard, if they were properly fastened and not carried on the stern davits.

Expense of necessary repairs to the ship at a port of distress. Damage done to the ship, or to her masts, sails, &c., by standing out to sea in stormy weather to avoid being driven ashore.

Damage done to the ship while defending herself against an enemy. In allowing for repairs a deduction of one-third new for old is made. The one-third deduction is made from the cost of the labour as well as from the cost of the materials.

The following are exceptions to this rule :

Anchors are always allowed in full, as they are considered not to deteriorate by use.

Only one-sixth is deducted off chain cables.

Copper sheathing is allowed for according to the time it has been on the ship: weight for weight is generally allowed. If any copper is taken off the vessel when abroad, the captain should be very careful to have the weight certified by the proper person, and, if possible, he should get the certificate attested by the consul or a notary.

If the ship is on her first voyage, then all repairs, &c., are allowed in full.