The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-08-22
General Average.

We find in the London Shipping Gd<eiis, says
the New York Shipping and Commercial List, a
judgment OF the Chief Justice in Admiralty de-
liyered in "a Irrigated case Of general average
which pOssesse= a good deal Of interest To ship
owners and merchants on this side Of the Attain
tic. IL l. generally conceded that there are no
questions arising IN the operations Of commerce
more complicated and requiring nicer ad justment,
than those involved IN general average cOntribu-
tiOns. Rules have, no doubt, been laid down,
and are, Tor the most part, observed by Average
Adjusters, but - varied are the transactions of
commerce., that the rules which apply 10 a given
state OF facts, viii not he applicable 70 Il state Of
facts which are not precisely analogous, and the
Adjuster l. frequently left To the guidance of bis
mind, and his own views of the equity Of the
case, in appOrtiOning the liabilities of the parties
to a general average contribution. Ii l., there
fore, "a matter Of much consequence. and a great
relief 10 those whose business 1t IL 10 appOrtiOn
these claims, when a judicial decision, affirming
something like n general principle, Is prUnOunc-
ed, and which may serve a. IA guide, 80 far a. it
goes, in average adjustment. The case IN point
NAV be briefly epitOmizcd. \ ship called the
SarOir Fare left Liverpool with a cargo OF salt
for Calcutta, but getting upon the Biackwater
Bank, n portion Of her cargo was ietti-oned, and
a resort to general average resulted IN litigation
There was no doubt raised, apparently, "a TO the
fact Of the %jettisJn and it, legality, but the ques-
ton was whether the contribution from the ship
owner, and the other owners Of the cargo, should
DC Mlide ON the principle Oi tie value Oi the salt
at its port of destination in India, suppOsing il TO
arrive there, OF NJ its invoice value, plus the
ships charges at the port Of debarkation. Liver
pol; or. (as was cJBiended by the deicndant) on
the principle on the value Of the salt in a damag-
I'd state, rs brought back to Liverpool, surprising
It mot To- have been jcttisDned, but to have been
shipped IN that state, and without any addition
Of freight or ships charges.
Our space does not permit us to give, in full,
the opinion Of tie Chief Justice, which was con-
CURED in by the other learned Judges. Briefly,
however, 1t lays down two principles that cannot
be too clearly defined first, that the value to the
owner of the goods jctrisoncd is their value csti-
mated from their condition NJ the time OF the Jet
tisOn; secondly, that the port of adjustment for
general average l. the port where the voyage ter
inmates, whether by completion, or being broken
up, as IN the instance under notice. The general
rule rs u average contribution i, that iettiSOncd
goods arc valued, when the average IL calculated,
not ut the ships place of destination. at the price
they would have realized there. but when at the
port lading ut the invoice price. The decision in
case of the S0rOir Fare does not conflict with
this rule; for, the voyage having been broken up,
there was no port of destination in any sense Of
the term, and tine salt having been damaged at
the time of the jettisOn, the owner had no claim
To- have it replaced ut the invoice price. 1t was
u damaged cargo, and the owner was only emit
tied To recover for the %jcttisOn, rs for Il portion of
such damaged cargO.-N. b. Ship List.