The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-10-24
DIGEST OF HAWAIIAN LAWS.
by NJ. Thompson, OF the Honolulu
Bar.

AND NOTES, ETC.
Indemnity, for general average loss, is
usually stipulated for in policies against
the risks in navigation, subject, how
ever, to divers notifications and condi-
tons. q Philips, Ins. Secs. l ,275, l ,279,
1,408, ,409)
Under maritime policies, in the ordi-
nary form, underwriters are liable for the
contributions made by the insured sub
ject for loss by jettison of cargo, sacrifice
OF cables, anchors, sails, spars and boats,
expense of temporary repairs, voluntary
stranding, compromise with pirates, de
lay for the purpose of refitting. z Phil
Ups Ins. c., Is; l Pans. Ship. and Adm
391.l
Average Particular (also called partial
loss), is loss on the ship, cargo, or
freight, to be borne by the owner of the
subject ON which it happens, and is SO
called in distinction from general aver
age; and, ii not total, it is also called a
partial loss. q Philips, Ins. c. Is; Ar
mold, Mar. ms, 953). 1t is insured
against in marine policies, in the usual
forms on ships, cargo, or freight, when
the action of peril is extraordinary, and
the damage is not mere wear or tear :;
and on the ship, covers loss by sails split
or blown away, masts sprung, cables
parted, spars carried away, planks
started, change of shape by strains, loss
of boat, breaking of sheathing or upper
works OF timbers, damage by lightning
or fire, by collision or straining, or in de-
Tense against pirates or enemies, or by
hostile or piratical plumber. q Phil. ms.
c., 16; 81 Pick, 459; 5 Ohio, BOG; 3
Cranch, 218; Wend, 255).
Particular average on freight may be
by loss of the ship or the cargo, so that
full freight cannot be earned; but not if
the goods, though damaged, could have
been carried on to the port OF destina-
ton. q Philips ms. c. 16; Is Mass,
341 % Pick, 400; ? Mclean, 423; 1
Story, 432; , Gill, 40; y Johns, 100.
Particular average on goods is usually
adjusted at the port OF delivery on the
basis of the value at which they are in
sured, viz: the value at the place OF
shipment, unless it is otherwise stipu-
lated in the policy. q Philips ms, secs.
1856; 2 Wash. C. c., 1856; , Burr, ,167 +;
East, So; 3 Johns, CHI. 217; Wend.
As; 20 Penn, 312).
Particular average on profits is, by the
English custom, adjusted upon the basis
of the profits which would have been
realized at the port of destination. In
the United States the adjustment is
usually at the same rate as on the goods,
the profits on which are the subject OF
the insurance. e Philips ms, secs.
1 ,773-4; johns Cas-, 81; 3 Day, l08
) Pet 222; l Penn, 451; l ). and r.,
115).
Petty average consists of small charges
which were formerly assessed upon cargo
viz pilotage, towage, light money.
beaconage, anchorage, bridge toll, quar-
antine, pier money. (Weskett, Art.
q Petty Az" Philips ms, Sec. 1,269.)
Salvage Charges lin insurance). Al
those costs, expenses and charges neces-
sarily incurred in and about the saving
and preservation of the property inn
periled, and which, if the property be in
sured, are eventually borne by the I'M
derwriters. (Stevens Av. c. ,, Sc. l.
Salvage Loss. That kind OF loss which
it is presumed would, but for certain
services rendered and eXertions made
have become total loss. 1t also means
among underwriters and average adjust
ers, mode of settling loss, under {
] policy, in cases where the goods have
been necessarily sold at a port short o
/ the port of destination, in consequence
/ of the perils insured against. In sucl
/ cases, though the property be not aban
doned to the underwater, the principle
I of abandonment is assumed in the ad
/ iustment of the loss. The underwrite
paws a total loss. The net proceeds o
the sale OF the goods, after deductlng al
the expenses, are retained by the as
sured, and he credits the underwrite
with the amount. = Phil. ms, Sec
/ lSO