RULE XIII.-continued.

Generally (G)

The deductions (except as to Provisions and Stores, Insulation, Wireless Apparatus, 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 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, Stores and Gear 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.

When a ship is fitted with propelling, refrigerating, electrical, or other machinery, or with insulation, or with wireless apparatus, repairs to such machinery, insulation or wireless apparatus to be subject to the same deductions as in the case of iron or steel ships.

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 removal, cartage, use of shears, stages, and graving dock materials shall be allowed in full.

Rule XIV.-Temporary Repairs.

Where temporary repairs are effected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by general average sacrifice, the cost of such repairs shall be admitted as general average; but where temporary repairs of accidental damage are effected merely to enable the adventure to be completed, the cost of such repairs shall be admitted as general average only up to the saving in expense which would have been incurred and allowed in general average had such repairs not been effected there.

No deductions new for old" shall be made from the cost of temporary repairs allowable as general average.

Rule XV.-Loss of Freight.

Loss of freight arising from damage to or loss of cargo shall be made good as general average, either when caused by a general average 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 general average 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 general average 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 general average 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 general average act or sacrifice, and have not been allowed as general average; deduction being also made from the value of the property of all charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average.

Passengers' luggage and personal effects, not shipped under bill of lading shall not contribute to general average.

1924 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 general average according to these rules.

No Rule.

(1924 Rule XVIII.-Damage to Ship.)

Rule XV.-Loss of Freight.

Loss of Freight arising from damage to or loss of cargo shall be made good as general average, either when caused by a General Average Act, or when the damage to or loss of cargo is so made good.

Deduction shall be made from the amount of gross freight lost of the charges which the owner thereof would have incurred to earn such freight, but has, in consequence of the sacrifice, not incurred.

Rule XVI.-Amount to be made good for Cargo Lost or Damaged by Sacrifice.

The amount to be made good as general average for damage to 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 where this ends at a place other than the original destination. Where goods so damaged are sold after arrival, the loss to be made good in general average shall be calculated by applying to the sound value on the date of arrival of the vessel the percentage of loss resulting from a comparison of the proceeds with the sound value on date of sale.

Rule XVII.-Contributory Values.

The contribution to a general average shall be made upon the actual net values of the property at the termination of the adventure to which values shall be added the amount made good as general average for property sacrificed if not already included; deduction being made from the shipowner's freight and passage money at risk, of such charges and crew's wages as would not have been incurred in earning the freight had the ship and cargo been totally lost at the date of the General Average Act and have not been allowed as general average; deduction being also made from the value of the propoerty of all charges incurred in respect thereof subsequently to the General Average Act, except such charges as are allowed in general average.

Passengers' luggage and personal effects not shipped under Bill of Lading shall not contribute in general average.

(1890 Rule XVIII.—Adjustment.)

Rule abandoned in this revision.

Rule XVIII.-Damage to Ship.

The amount to be allowed as general average for damage or loss to the ship, her machinery and/or gear when repaired or replaced shall be the actual reasonable cost of repairing or replacing such damage or loss, deductions being made as above (Rule XIII) when old material is replaced by new. When not repaired, the reasonable depreciation shall be allowed, not exceeding the estimated cost of repairs.

Where there is an actual or constructive total loss of the ship the amount to be allowed as general average for damage or loss to the ship caused by a General Average Act shall be the estimated sound value of the ship after deducting therefrom the estimated cost of repairing damage which is not general average and the proceeds of sale, if any.

No Rule.

Rule XIX.-Undeclared or Wrongfully Declared Cargo.

Rule XX.-Expenses Bearing up jor Port, etc.

No Rule.

Rule XXI.-Provision of Funds.

No Rule.

Rule XXII.-Interest on Losses Made Good in General Average. No Rule.

No Rule.

Rule XXIII.-Treatment of Cash Deposits.

Rule XIX.-Undeclared or Wrongfully Declared Cargo.

Damage or loss caused to goods loaded without the knowledge of the shipowner or his agent or to goods wilfully misdescribed at time of shipment shall not be allowed as general average, but such goods shall remain liable to contribute, if saved.

Damage or loss caused to goods which have been wrongfully declared on shipment at a value which is lower than their real value shall be contributed for at the declared value, but such goods shall contribute upon their actual value.

Rule XX.-Expenses Bearing up for Port, etc.

Fuel and stores consumed, and wages and maintenance of Master, Officers and Crew incurred, during the prolongation of the voyage occasioned by a ship entering a port or place of refuge or returning to her port or place of loading shall be admitted as general average when the expenses of entering such port or place are allowable in general average in accordance with Rule X (A).

Fuel and stores consumed during extra detention in a port or place of loading, call or refuge shall also be allowed in general average for the period during which wages and maintenance of Master, Officers and Crew are allowed in terms of Rule XI, except such fuel and stores as are consumed in effecting repairs not allowable in general average.

Rule XXI.-Provision of Funds.

A commission of 2 per cent. on general average disbursements shall be allowed in general average, but when the funds are not provided by way of the contributing interests, the necessary cost of obtaining the funds required by means of a bottomry bond or otherwise, or the loss sustained by owners of goods sold for the purpose, shall be allowed in general average.

The cost of insuring money advanced to pay for general average disbursements. shall also be allowed in general average.

Rule XXII.-Interest on Losses Made Good in General Average. Interest shall be allowed on expenditure, sacrifices and allowances charged to general average at the legal rate per annum prevailing at the final port of destination at which the adventure ends, or where there is no recognised legal rate, at the rate of 5 per cent. per annum, until the date of the general average statement, due allowance being made for any interim reimbursement from the contributory interests or from the general average deposit fund.

Rule XXIII.-Treatment of Cash Deposits.

Where cash deposits have been collected in respect of Cargo's liability for General Average, Salvage or Special Charges, such Deposits shall be paid into a special account, earning interest where possible, in the joint names of two Trustees (one to be nominated on behalf of the Shipowner and the other on behalf of the Depositors) in a Bank to be approved by such Trustees. The sum so deposited, together with accrued interest, if any, shall be held as security for and upon trust for payment to the parties entitled thereto of the General Average, Salvage or Special Charges payable by the cargo in respect of which the deposits have been collected. The Trustees shall have power to make payments on account or refunds of deposits which may be certified to in writing by the Average Adjuster. Such deposits and payments or refunds shall be without prejudice to the ultimate. liability of the parties.