Page images
PDF
EPUB

Rule IX.-Cargo, Ship's Materials, and Stores burnt for Fuel,

Cargo, ship's materials, and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as general average, when and only when an ample supply of fuel had been provided; but the estimated quantity of coals that would have been consumed, calculated at the price current at the ship's last port of departure at the date of her leaving shall be charged to the shipowner and credited to the general average.

Rule X.-Expenses at Port of Refuge, etc.

(a) When a ship shall have entered a port or place of refuge, or shall have returned to her port or place of loading, in consequence of accident, sacrifice, or other extraordinary circumstances, which render that necessary for the common safety, the expenses of entering such port or place shall be admitted as general average; and when she shall have sailed thence with her original cargo, or a part of it, the corresponding expenses of leaving such port or place, consequent upon such entry or return, shall likewise be admitted as general average.

(b) The cost of discharging cargo from a ship, whether at a port or place of loading, call, or refuge, shall be admitted as general average, 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 general average, the cost of reloading and stowing 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 general average.

(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, etc. When a ship shall have entered or 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 general average. 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 general average.

Rule IX.-Ship's Materials and Stores Burnt for Fuel.

Ship's materials, and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as general average, when and only when an ample supply of fuel had been provided; but the estimated quantity of fuel that would have been consumed, calculated at the price current at the ship's last port of departure at the date of her leaving shall be credited to the general average.

(a) Unaltered.

Rule X.-Expenses at Port of Refuge, etc.

(b) The cost of handling on board or discharging cargo, fuel or stores, whether at a port or place of loading, call or refuge, shall be admitted as general average when the handling or discharge was necessary for the common safety or to enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were necessary for the safe prosecution of the voyage.

(c) Whenever the cost of handling or discharging cargo, fuel or stores is admissible as general average, the cost of reloading and stowing such cargo, fuel or stores on board the ship, together with all storage charges (including fire insurance, if insured) on such cargo, fuel or stores 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 cordemnation or of the abandonment of the voyage shall be admitted as general average. In the event of the condemnation of the ship or the abandonment of the voyage before completion of discharge of cargo, storage expenses as above, shall be admitted as general average up to the date of completion of discharge.

(d) Unaltered.

Rule XI.-Wages and Maintenance of Crew in Port of Refuge, etc.

When a ship shall have entered or been detained in any port or place under the circumstances, or for the purposes of 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 general average. 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 general average.

Rule XII.-Damage to Cargo in Discharging, etc.

Damage done to or loss of cargo necessarily caused in the act of discharging, storing, reloading, and stowing, shall be made good as general average, when and only when the cost of those measures respectively is admitted as general average.

Rule XIII.-Deductions from Cost of Repairs.

66

In adjusting claims for general average, repairs to be allowed in general average 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 1 year old (A)

Between

1 & 3 years (B)

Between

3 & 6 years (C)

Between

6 & 10 years (D)

Between 10 & 15 years (E)

Over

15 years (F)

All repairs to be allowed in full, except painting or coating of bottom, from which one-third is to be deducted.

One-third to be deducted off repairs to and renewal of woodwork of hull, masts and spars, furniture, upholstery, crockery, metal and glass ware, also sails, rigging, ropes, sheets, and hawsers (other than wire and chain) awnings, covers, and painting.

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 onesixth to be deducted off ironwork of masts and spars and machinery (inclusive of boilers and their mountings).

Deductions as above under clause C, except that onethird be deducted off ironwork of masts and spars, repairs to and renewal of machinery (inclusive of boilers and their mountings), and all hawsers, ropes, sheets, and rigging.

One-third to be deducted off all repairs and renewals, except iron-work of hull and cementing and chain cables, from which one-sixth to be deducted. Anchors to be allowed in full.

One-third to be deducted off all repairs and renewals Anchors to be allowed in full. One-sixth to be deducted off chain cables.

RULE XI.-continued.

In the event of the condemnation of the ship or the abandonment of the voyage before completion of discharge of cargo, wages and maintenance of crew. as above, shall be admitted as general average up to the date of completion of discharge.

Rule XII.-Damage to Cargo in Discharging, etc.

Damage to or loss of cargo, fuel or stores caused in the act of handling, discharging, storing, reloading and stowing shall be made good as general average, when and only when the cost of those measures respectively is admitted as general

average.

Rule XIII.-Deductions from Cost of Repairs.

In adjusting claims for general average, repairs to be allowed in general average 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 1 year old (A)

[blocks in formation]

{

All repairs to be allowed in full, except painting or coating of bottom, from which one-third is to be deducted.

One-third to be deducted off repairs to and renewals of Woodwork of Hull, Masts and Spars, Furniture, Upholstery, Crockery, Metal and Glassware, also Sails, Rigging, Ropes, Sheets and Hawsers (other than wire and chain), Awnings, Covers and Painting. One-sixth to be deducted off Wire Rigging, Wire Ropes and Wire Hawsers, Wireless Apparatus, Chain Cables and Chains, Insulation, Donkey Engines, Steam Steering Gear and connections, Steam Cranes and connections and Electrical Machinery; other repairs in full.

Deductions as above under Clause B, except that one-third be deducted off Insulation, and one-sixth be deducted off Ironwork of Masts and Spars, and all Machinery (inclusive of Boilers and their Mountings).

Deductions as above under clause C, except that one-third be deducted off ironwork of Masts and Spars, Donkey Engines, Steam Steering Gear, Winches, Cranes and connections, repairs to and renewal of all Machinery (inclusive of Boilers and their Mountings), Wireless Apparatus and all Hawsers, Ropes, Sheets and Rigging.

One-third to be deducted off all repairs and renewals except ironwork of hull and cementing and chain cables, from which one-sixth to be deducted. Anchors to be allowed in full.

One-third to be deducted off all repairs and renewals. Anchors to be allowed in full. One-sixth to be deducted off chain cables.

RULE XIII.-continued,

Generally
G)

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 rer to which they apply. No painting bottom to be allowed if the bottom has not been painted within six months previous to the date of the 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.

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 general average.

« EelmineJätka »