The New York herald., 1878-11-28
GENERAL AVERAGE.

ING AND IMPORTANT INFORMATION FOR
SHIPPERS
system of new rules relating to general average
has been projected by the Association for the Reform
and Codihcaton of the Law of Nations and the Eng
lsh Central Committee OF International General
Averages. Mr.. A. p. sprague, the secretary of the
international Code Committee of America states that
series of international conferences having in view
the unification of the laws relating to general aver
age. have been held, attended by adjnsters
of the most experience and representatives
appointed by the principal mercantile ship
owning and insurance associations of Eng
land Germany. France, America Holland, Bel
gium, Denmark. Norway. Russia and other countries.
These meetings took place the first year in Glasgow.
afterward in London and then IN York. In 1876 the
subject was taken up by the Association for the Re-
form and Codihcation of the Law of Nations at their
annual Conference at Bremen, and by the same asso
Citations at Antwerp in 1877, and ut Frankfort i'll Au-
gust of this year. At these conferences it became
apparent that the differences preventing uniformity
could be reduced to few points The first set Of
rules drawn at Glasgow in 1850 does not diff
fer greatly from the revised rIles drawn at
York in 1864. and at Antwerp and Frank
fort the York rules were adopted with
slight notifications. The basis of uniform system
having been settled, it only remains to procure uni
vcrsal adoption The London committee recommend
that the utmost publicity be given to the proposed
change that shippers of carsoes may understand
what is intended and may have timely warming to ar
range for the insertion of the necessary clauses in
their policies of insurance. For this purpose it is
proposed that those shpowners who intend to avail
themselves of the rules ana those underwriters
or representatives of insurance companies i'll Amer
lea who ready to admit the clauses into their
policies should be invited to join in announcement
OF their intention which may be communicated to the
American secretary. Mr.. A. P. sprague No. Ill William
street. New York.
The following the rules as adopted
THE YoRK-ASTwEEp RULES.
Rule L-.jetttson of Decl; Cargo.
No jettison of deck cargo shall be made good as
general average. Every structure not built in with
the frame of the vessel shall be considered to be
part of the deck of the vessel.
pmh U.--Damage by Jettison.
Damage done to goods merchandise by water
which unavoidably goes down ships hatcnes opened
or other opening made for the purpose of making
jettison shall be made good as general average III
case the loss by Jettison Is SO made good Damage
done by breakage and chatting or otherwise from de-
,ungement of stowage consequent upon jettison
shall be made good as general average in case the
loss by jettson is SO made good
Rule H-Ertmguislling Fire on sainIoa'd
Damage done ship and cargo, either OF them,
by water or otherwise III extnguishn9 fire on
board the ship. shall be general average except tka
no compensation be made for damage done by waiter
to packages which have been on free
Raie IT-(uttiag 4rdy Wreck.
or remains Of spars Of other things which have
previously been carried away by peril shall not
be made good as general average.
Rue ~ Voluntary Strafding.
When ship is Intentionally run on shore because
she is sinking driving shore or rocks no dam
age caused the ship the cargo and the freight or
any or either of them by such intentional running
on shore, shall be made good az general average.
Rule VI.-Carryiag Pres Of SAIL
Damage occasioncd to ship cargo by carrying
press of sail shall not be made good as general
SoF Pe6 Erne
When ship shall have entered a port of refuge
under circumstances that the expenses Of enter
ing the port admissible general average, and
when she shall have sailed thence with her original
cargo or part OF it, the corresponding expenses Of
leaving such port shall likewise be admitted AS gen.
eral average aud whenever the cost Of discharging
cargo at such port is admissible general average
the cost Of reoading and slowing such cargo on
board the said ship together with all storage charges
on such cargo. shall likewise be so admitted.
Rule vIiI-Wages aid Maintenance Of Creo ia Port Of
When ship shall have entered port of refuge.
under the circumstances defined i'll Rule VII, the
wages and cost OF mn, maintenanee OF the master
port until the ship shall have been made ready to
proceed upon her voyage shall be made good as gene
RUE IT-Damage to Cargo in Discharging.
Damage done cargo by discharging it ut port Of
case such cargo shall have been discharged at the
place and in the manner customary at that port with
RsIe Y.-Conty71xtory vc.ues.
The contribution to general average shall be made
upon the values of the property at the termna
ton of the adventure. TO which shall be added the
amount made good general average for property
sacrificed deduction being made from the ship
owners freight and passage money ut risk OF such
port charges and crews wages as would not have been
incurred had the ship and cargo been totally lost ut
the date of the general act or sacrifice dcduc
ton 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
Ruie -fL-Loss If Freight.
In every case in which sacrifice Of cargo is made
good general average the loss Of freight Gf any
which is caused by such loss Of cargo shall likewise
be so made good
Hue -rIi-.tmoint TO Be Made Good For Cargo.
The value to be allowed for goods sacrificed shall be
that value which the owner would have received II
such goods had not been sacrificed.
The changes which the adoption of the York-Ant
werp rules will introduce into the English practice
arc rho following:-
l. No jettison Of cargo laden on ships deck will
be admitted into general average
haxe sesn aS" nS as an ssscpS to-
that is TO jcsson Of timber or deals from deck Is
who have sssesd 90 g a 'Enen ." & aesk IL h, a
drss sfs hes tho n
s oss o. freight win he recovered drecs from tie UNDER
sn re ." s = snsrs = .na a s m e, ON
wood goods aud their freight.
=. When ship is for the common safety taken into
port of refuge, not merely the potagc and port
charges incurred in going nto but likewise those of
coming out Of such port, will be admitted into gen.
cral average.
corresponding expense of coming again i customariy
excluded In this respect the present English practice dit
fors from that OF every other country.
3.'When at such port of refuge 1t becomes ncces-
sary to discharge cargo in order to repair the ship or
for other purposes connected with the completion of
the voyage, not merely the expense OF taking the
cargo out OF the ship, but likewise the cost of
housing and putting it back in the ship will be adj
mittcd into general average.
AT present the expense of taking It out Is admitted
but the warehouse Is made special charge the
and the cast OF reloadIg special charge tine
freight In this in the former the Eng
sh practice differs from thai of other country
4. Thc wages and keep Of the crew during the
vessels stay IN such port OF refuge Will be admitted
into general average
This y the rule In most other countries. There Is no
doubt that this item forms serious OF the loss
ally incurred through bearing for Of refuge and
In where such bearing saved the ship and
from the risk OF total loss be contrary pnc
pie, well mpolitic to throw this loss on she sip
These are the only changes In English practice
Tho remainder of the York Antwerp rules refer to
matters in which the foreign practices whon these