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It does not apply to graving dock expenses and removals, cartages, use of shears, stages, and graving dock materials.

It does not apply to a ship's first voyage. 1890-91 N.B.-Articles belonging to or repairs done to a ship other than an iron ship, allowed in general average, are subject to similar deductions in respect to new for old materials as are made in adjusting claims of particular average on ship.

In lieu of note to Custom of Lloyd's, 1879, viz.: N.B.-Articles belonging to, or repairs done to, a ship, allowed in general average, are subject to similar deductions in respect to new for old materials as are made in adjusting claims of particular average on ship. PARTICULAR AVERAGE ON GOODS.

54. Adjustment on Bonded Prices. (Custom of Lloyd's, 1876.)

In the following cases it is customary to adjust particular average on a comparison of bonded, instead of duty-paid prices:

In claims for damage to tea, tobacco, coffee, wine and spirits imported into this country.

55. Adjustment of Average on Goods Sold in Bond. (Proposed and Accepted 1885. Confirmed 1886.) That in consequence of the facilities generally offered to bond goods at their destination, at which terms they are often sold, the term "Gross Proceeds shall, for the purpose of adjustment, be taken to mean the price at which the goods are sold to the consumer, after payment of freight and landing charges, but exclusive of Customs duty, in cases where it is the custom of the port to sell or deal with the goods in bond.

56. Apportionment of Insured Value of Goods. (Proposed and Accepted 1885. Confirmed 1886.)

That where different qualities or descriptions of cargo are valued in the policy at a lump sum, such sum shall, for the purpose of adjusting claims, be apportioned on the invoice values where the invoice distinguishes the separate values of the said different

qualities or description; and over the net arrived sound value in all other cases.

58. Allowance for Water in Picked Cotton. (Custom of Lloyd's, 1876.)

When bales of cotton are picked, and the pickings are sold wet, the allowance for water in the pickings (where there are no means of ascertaining it) is by custom fixed at one-third.

59. Allowance for Water in Cut Tobacco. (Custom of Lloyd's, 1876.)

When damaged tobacco is cut off, the allowance for water in the cuttings is one-fourth.

60. Allowance for Water in Wool. (Custom of Lloyd's, 1876.)

Damaged wool from Australia, New Zealand and the Cape is subject to a deduction of 3 per cent. for wet, if the actual increase cannot be ascertained.

61. Franchise Charges. (Custom of Lloyd's, 1876.)

The expenses of protest, survey, and other proofs of loss, including the commission or other expenses of a sale by auction, are not admitted to make up the percentage of a claim; and are only paid by the underwriters in case the loss amounts to a claim without them.

62. Extra Charges. (Custom of Lloyd's, 1876.)

Extra charges payable by underwriters, when incurred at the port of destination, are recovered in full; but when charges of the same nature are incurred at an intermediate port they are subjected to the same treatment in respect of insured and contributory values, as general average charges.

[This Rule refers to what are known as Particular Charges.]

63. Adjustment of Return of Premium. (Custom of Lloyd's, 1876.)

When the words "and arrival" follow the stipulation for a return of premium on a policy on goods, the particular average, but not the special charges, is

deducted from the amount insured to arrive at the amount on which the return is taken.

New Rule. (Proposed and Accepted 1921. Confirmed 1922.)

Underwriters insuring ship's stores, bunker coal or fuel destroyed or used as part of a general average operation shall only be liable for those articles as a direct claim on the policy when they formed part of the property at risk at the time of the peril giving rise to the general average act.

RULES RESCINDED.

Underwriter's Liability in Respect of Jettison. (Proposed and Accepted 1875. Confirmed 1875.) (Rescinded 10th May, 1889.)

That the direct liability of an underwriter on goods for the value of goods insured by him which have been jettisoned or sacrificed for the common safety, or of an underwriter on ship for ship's materials sacrificed for the common safety, be treated as particular average.

Damage to Cargo in Discharging. (Custom of Lloyd's.) (Rescinded 1890; 1891.)

Damage done to cargo by discharging it at a port of refuge, in the manner and under the circumstances customary at the port, is not allowed as general average.

This Rule does not apply to damage done in lightening a ship which is ashore.

Adjustments "For the Consideration of Underwriters." (Rescinded 1894; 1895.)

That no adjustment "For Consideration of the Underwriters" shall be made, unless it contain a statement of the reasons of the average adjuster for making such adjustment.

Agency Fees Chargeable by Shipowners. (Proposed and Accepted 1879. Confirmed 1880.) (Rescinded 1906; 1907.)

That neither interest nor commission (excepting

bank commission) nor any other charge by way of agency or remuneration for trouble, is allowed to the shipowner in general average or particular average on ship, or as a special charge in respect of payments made or services rendered at the port at which the managing owner for the time being resides; excepting that a commission or agency fee is allowable in respect of payment made or services rendered on behalf of cargo, when such payments or services are not involved in the contract of affreightment.

57. Under-Insured Interest Made Good in General Average. (Proposed and Accepted 1882. Confirmed 1883.) (Rescinded 1921; 1922.)

That an underwriter who has paid for loss by jetti son of the thing insured, is entitled, in proportion that the sum insured bears to the policy value, to whatever is recovered in general average in respect of such loss although the amount so recovered may exceed the amount paid by him.

Adopted as Probationary Rules, May, 1923.

(a) That, unless otherwise expressly provided, the interest accrued on deposits on account of salvage and/or General Average and/or Particular and/or other charges, or the balance of such deposits after payments on account (if any) have been made, shall be credited to the depositor or those to whom his rights in respect of the deposit have been transferred. (b) That in practice, the cost of fire insurance on cargo at a port of refuge shall be allowed in General Average when the cost of storage is so treated.

(The Rules of Practice are included with acknowledgment of the courtesy of the Association of Average Adjusters.)

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