SHIPS AHD SHIPPING. 



SHIPS AHD SHIPPING. 



MO 



bj the conveyance of good* ad their delivery at the place of destina- 

 tion. Wh*r provision U nude by the coo tract for payment of 

 ft tight at the place of ahipwent, the question has arisen whether the 

 mtm"g of the parti** wai that the cum should be paid at all event* 

 on delivery of the goods on board, whatever might afterward* befall 

 them ; or whether it was merely to point out we place of payment 

 in caw the freight should become due by reason of the arrival of the 

 good* at the port of dnHtination. In all such cane* thu intention of the 

 parties is a question of construction for the court subject to any usage 

 of the port where it was made, or of the trade with which it is con- 

 nected. The same observation will apply to cues where money has 

 been advanced by the merchant, and it i* disputed whether the money 

 it to be considered aa a loan or part payment of the freight. 



If the master unnecessarily sell the goods, and so prevent both him- 

 self from Mninfl the whole freight, and the merchant from accepting 

 the goods, the merchant is entitled to the entire produce of bin goods 

 without any allowance for freight. If the ship has actually never com- 

 menced the voyage, the owners are not entitled to any payment what- 

 ever, although they may have incurred great expense* in lading her, 

 and though her failure to commence the voyage is not attributable to 

 any neglect or misconduct of theirs. Where the contract of hiring U 

 for a voyage out and home, at the rate of so much per month, &c., 

 during the time the ship is employed, and the contract is entire, no 

 freight is due unless the ship returns home, even though she may have 

 delivered her cargo at the outport. But if the voyages out and homo 

 are distinguished in the contract, freight will be earned on the delivery 

 of the cargo at the outport. See further under BILL or LADING and 

 KBIIOHT. 



Urneral Average. If any part of the ship or furniture, or of the 

 goods, is sacrificed for the sake of saving the rest, all parties interested 

 must contribute towards the loss. This contribution is properly called 

 ' Avenge.' It is sometimes called general average, in opposition to 

 special or particular avenge, which is the contribution towards any 

 kind of partial damage or loss, or gross average, in opposition to petty 

 average, which is the contribution mentioned in the bill of lading 

 towards the sums paid for beaconage, towage, etc. [AVKBAGK.] 



The principle of avenge is recognised in the maritime law of all 

 nations. It was introduced into the civil law from the law of Rhodes 

 (' Dig.' 14, tit. 2, " Lex Rhodia de Jactu;" and the Commentary of 

 Peckiua, " In tit. 'Dig. et Cod.,' 'Ad Kern Nauticam pertinentes.'") 

 In order to constitute such a loss as is the subject of average, it must 

 be incurred by design : the masts must be cut away, or the goods 

 thrown overboard ; and this must be done for the sake of saving the 

 rest, as in the case of throwing goods overboard to keep the vessel 

 from sinking or striking on a rock, or to lighten her that she may 

 scape from an enemy, or of cutting away a mast or a cable to escape 

 the perils of a storm. The necessary consequences of these acts are 

 alto the subjects of average ; as where, in order to throw some goods 

 overboard, others or some part* of the ship are damaged ; or where it 

 becomes necessary, in order to avoid the danger or repair the injuries 

 caused by a storm or the enemy, to take goods out of the ship, and 

 they are in consequence lost. The expenses also incurred iu these 

 operations are equally the subject of average. But the injuries incurred 

 by a ship during an engagement with the enemy, or from the elements 

 in consequence of measures taken to escape from an enemy, are not of 

 such a nature as to fall within the definition. If goods are laden on 

 deck, no average is recoverable iu respect of the loss occasioned by 

 throwing them overboard, unless by the usage of trade such goods are 

 usually so laden. If a ship is voluntarily stranded for the purpose of 

 saving her and the goods, and afterwards gets off safely, the expenses 

 incurred by the stranding are the subject of general contribution ; but 

 if the ship be wrecked in consequence of the voluntary stranding, 

 there is a difference of opinion whether the wrecking be voluntary, and 

 therefore such a loss as calls for a general contribution. If, in conse- 

 quence of such an injury done to a ship as would be the subject of 

 average, she is compelled to go into port to repair, the necessary 

 expenses incurred in refitting her, so as to enable her to prosecute her 

 voyage, and the amount of wages, port dues, and provisions expended 

 to accomplish that object, are also the subject of average ; and, if the 

 master is unable to obtain the money necessary by any other means 

 than by the sale of a part of the cargo, the loss caused to the merchant 

 woo such sale is also the subject of average, If, in consequence of 

 the sacrifice made, the ship escape the danger which immediately 

 threatens her, but U afterwards wrecked or captured, and the remain- 

 ing goods, or part of them, are saved or recaptured, these are bound to 

 contribute average towards the loss in the first instance incurred, in 

 proportion to their net value in the hands of the merchant after all 

 expenses of salvage, Ac., have been paid. 



The things upon which average is payable arc, the ship, boat*, furui- 

 tare, Ac., bat not provisions or ammunition ; also all merchandise, to 

 whomsoever belonging, which is on board for the purpose* of traffic, 

 but not the covering, apparel, jewels, Ac,, of parties on board for their 

 own private use. The freight due at the end of the Voyage is also 

 subject to average. The goods are to be valued at the price for which 

 they would have sold at the place of destination. If the ship, by reason 

 of what happened when the avenge was incurred, return to her port of 

 lading; and the avenge is there settled, the goods are to be valued at 

 the invoice prio*. Th losse* incurred by the ship and furniture, Ac., 



are calculated at two-thirds of the price of the new articles rendered 

 necessary to be purchased. The usage* of other countries as to all 

 matters connected with average differ in some respects both from those 

 of each other and those of thu country. Where the average has been 

 adjusted according to the established law and usage of the country iu 

 which the adjustment was made, it is binding upon all the parties to 

 it, unless there be some special contract between them which provides, 

 otherwise. 



Salt-age. Salvage is that reasonable compensation which persons 

 ore entitled to receive who, in the absence of any obligation making it 

 their legal duty, voluntarily save a ship or her cargo from loss 1 >\ 

 of the sea, which may be called civil salvage, or recover tln>ni niter 

 capture, which may be called hostile salvage. By the law of England, 

 no fixed amount of salvage is hud down as applicable to all oases. 

 What is reasonable can only be determined by a reference to the cir- 

 cumstances. Sir J. Nichol (3 Hag., 'Ad. Hep.,' 117) defines the ingre- 

 dients iu estimating a civil salvage service to be, " 1st, enterprise in 

 the salvors in going out in tempestuous weather to assist a vessel in 

 distress, risking their own lives to save their fellow-creatures, and to 

 rescue the property of their fellow-subjects ; 2nd, the degree of danger 

 and distress from \\hieh the property is rescued, whothor it was in 

 imminent peril, and almost certainly lost if not at the time rescued 

 and preserved ; 3rd, the degree of labour and skill which the salvors 

 incur and display, and the time occupied ; lastly, the value."' 



Unless in cases where the services have been trilling, the salvage is 

 generally not less than a third and not more than one-half of the pro- 

 perty saved; at the same time there is no rule now of specific 

 proportions. If the parties cannot agree as to the amount, the salvors 

 may retain the property until compensation is made; or they may 

 bring on action, or commence a suit in the Admiralty Court, against 

 the proprietors for the amount. In case the property is retained, the 

 proprietors may, upon tender of what they think sufficient, demand it, 

 and, if it is refused, bring an action to recover it, iu which action the 

 j ury will determine as to the amount due. The costs of the action will be 

 paid by the salvor or the proprietors, according as the amount tendered 

 is or is not determined to be sufficient. The Court of Admiralty has 

 jurisdiction originally in those cases where the salvage has been 

 effected at sea, or within high and low water mark. A passenger 

 is not entitled to salvage for his assistance during the time he is unable 

 to quit the ship. But, if he remain voluntarily on board, he may 

 recover salvage for the assistance which he has given. On one occasion, 

 where a passenger under such circumstances, after the desertion of the 

 master and part of the seamen, assumed the command with the consent 

 of the mate and the remainder, and brought the ship safe into port, he 

 obtained a large sum as salvage, A distinct contract fur assistance will 

 do away with any claims for salvage on behalf of the parties who 

 render it. Though a king's ship is bound to assist a merchant ship iu 

 distress, it still has a claim for recompense, but cannot prosecute it 

 without the leave of the Board of Admiralty. In awarding salvage, no 

 claims are allowed which are founded on merely prerogative rights, as 

 those of the lord-high-admiral, flag-officers, magistrates, &c. : those 

 claims only are allowed which are made in respect of assistance 

 1'i-nc li-rcd. The saving of human life cannot of iteelf be the subject of 

 a claim for salvage, except upon the shore of any sea or tidal water of 

 the United Kingdom (17 A 18 Viet. c. 104); but if it is con: 

 with the preservation of property, that U a circumstance which may 

 affect the amount of salvage. If freight in iu progress of being earned, 

 and afterwards does become due, salvage is payable iu respect of 

 freight also. When proceedings for salvage have been commenced in 

 the Admiralty Court, the defendants may tender by act of the court 

 any sum which they consider sufficient, and the court will then enter 

 upon an inquiry, and determine what is right between the parties. 

 If the sum tendered has been sufficient, the court may hold the 

 salvors liable to the expenses of the proceeding. With regard to 

 wreck, ships in distress, and for salvage purposes, the Merchant 

 Shipping Act creates receivers of wreck to be appointed at different 

 places on the shores of the United Kingdom for the express purpose of 

 doing all things possible towards the saving of ships iu distress, for the 

 recovery and preservation of wreck, and for facilitating the agn 

 of salvage disputes when the amount is under '2001. The receiver 

 may distribute the amount and take receipts if the parties agree; 

 but if not, they may carry their differences before the nearest two 

 justices of the peace, whose decision is final on all sums not exceeding 

 60/. Above that amount, there U an appeal to the Court of Admiralty. 

 If the sum exceed 200/., they may institute the suit in that court in 

 the first instance. Great powers are reposed in the receiver of wreck 

 for collecting assistance, and impressing horses and carts into the 

 service for rendering aid to vessels in distress, for repelling all 

 attempt* at violently boarding the ship with felonious purposes, and 

 for the recovery of concealed wreck. Provision u made for cases where 

 no owner of the property appears. Perishable goods may be sold. No 

 lord of a manor claiming a title to wreck can appropriate it until an 

 account in writing of the property, and of the place where it was found 

 and it lias been since deposited, has been sent to the nearest custom- 

 house, or if it exceed in value 'Ml. to the secretary at Lloyd's, and a 

 year has elapsed after the delivery of the account. A variety of 

 analogous provisions are enacted relative to goods, parts of ship's fur* 

 uiture, Ac., which are found or recovered, whether they may have 



