AVERAGE (£>) The cost of discharging cargo from a ship, -whether at a port or place of loading, call, or refuge, shall be admitted as G. A., when the discharge was necessary for the common safety or to enable damage to the ship, caused by sacrifice or accident during the voyage, to be repaired, if the repairs were necessary for the safe prosecution of the voyage. (c) Whenever the cost of discharging cargo from a ship is admissible as G. A., the cost of reloading and storing such cargo on board the said ship, together with all storage charges on such cargo, shall likewise be so admitted. But when the ship is condemned or does not proceed on her original voyage, no storage expenses incurred after the date of the ship’s condemnation or of the abandonment of the voyage shall be admitted as G. A. (d) If a ship under average be in a port or place at which it is practicable to repair her, so as to enable her to carry on the whole cargo, and if, in order to save expenses, either she is towed thence to some other port or place of repair or to her destination, or the cargo or a portion of it is transhipped by another ship, or otherwise forwarded, then the extra cost of such towage, transhipment, and forwarding, or any of them (up to the amount of the extra expense saved), shall be payable by the several parties to the adventure in proportion to the extraordinary expense saved. Rule XI.—Wages and Maintenance of Crew in Port of Refuge, &c. When a ship shall have entered or shall have been detained in any port or place under the circumstances, or for the purposes of the repairs, mentioned in Rule X., the wages payable to the master, officers, and crew, together with the cost of maintenance of the same, during the extra period of detention in such port or place until the ship shall or should have been made ready to proceed upon her voyage, shall be admitted as G. A. But when the ship is condemned or does not proceed on her original voyage, the wages and maintenance of the master, officers, and crew, incurred after the date of the ship’s condemnation or of the abandonment of the voyage, shall not be admitted as G. A. 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 G. A. when and only when the cost of those measures respectively is admitted as G. A. Rule XIII.—Deductions from Cost of Repairs. In adjusting claims for G. A., repairs to be allowed in G. A. 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:— Up to f All repairs to be allowed in full, except painting 1 year old -j or coating of bottom, from which one-third is to be (A.) (deducted. , One-third to be deducted off repairs to and renewal of woodwork of hull, masts, and spars, furniture, upholstery, crockery, metal and glassware, also Between sails, rigging, ropes, sheets, and hawsers (other than 1 and 3 years - wire and chain), awnings, covers, and painting. (B.) One-sixth to be deducted off wire rigging, wire ropes and wire hawsers, chain cables and chains, donkey engines, steam winches and connexions, - steam cranes and connexions ; other repairs in full. Deductions as above under clause B, except that Between f one-sixth be deducted off ironwork of masts and 3 and 6 years Jj spars, and machinery (inclusive of boilers and their (0.) (mountings). Deductions as above under clause C, except that Between one-third be deducted off ironwork of masts and band 10 years - spars, repairs to and renewal of all machinery (inclusive of boilers and their mountings), and all m ^hawsers, ropes, sheets, and rigging. Between f One-third to be deducted off all repairs and re10 <£• 15 years- | newals, except ironwork of hull and cementing and I chain cables, from which one-sixth to be deducted. (E.) (Anchors to be allowed in full. Over {One-third to be deducted off all repairs and re15 years newals. Anchors to be allowed in full. One-sixth (F.) to be deducted off chain cables. 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 Generally - 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.
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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 ships generally:— In the case of all ships, the expense of straightening bent ironwork, including labour of taking out and replacing it, shall be allowed in full. Graving dock dues, including expenses of removals, cartages, 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 G. A. Rule XV.—Loss of Freight. Loss of freight arising from damage to or loss of cargo shall be made good as G. A., either when caused by a G. A. 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 G. A. 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 G. A. 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 G. A. 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 G. A. act or sacrifice, and have not been allowed as G. A. ; deduction being also made from the value of the property of all charges incurred in respect thereof subsequently to the G. A. act, except such charges as are allowed in G. A. Passengers’ luggage and personal effects, not shipped under bill of lading, shall not contribute to G. A. 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 G. A. according to these rules. The above rules differ in some important respects from English common law, and from former English practice. They follow ideas upon the subject of G. A. which have prevailed in practice in foreign countries (though often in apparent opposition to the language of the codes), in preference to the more strict principle of the common law applied by English courts. That principle requires that, in order to have the character of G. A., a sacrifice or expenditure must be made for the common safety of the several interests in the adventure, and under the pressure of a common risk. It is not enough that the sacrifice or expenditure is prudent, or even necessary to enable the common adventure to be completed. G. A., on the English view, only arises where the safety of the several interests is at stake. “ The idea of a common commercial adventure, as distinguished from the common safety from the sea,” is not recognized. It is not sufficient “ that an expenditure should have been made to benefit both cargo owner and shipowner.”1 Thus expenses incurred after ship and cargo are in safety, say at a port of refuge, are not generally, by English law, to be treated as G. A. ; although the putting into port may have p
been for safety, and therefore a G. A. act. If the put- re u °e ex ting into port has been necessitated by a G. A. sacri- penses ^ “ fice, as by cutting away the ship’s masts, the case is ‘ different; the port expenses, the expenses of repairing the G. A. 1 Per Bowen, L.J., in Svensden v. Wallace, 13 Q.B.D. at p. 84.
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