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1871.-Lloyd's incorporated and regulated by Lloyd's Act, 1871 (34 & 35 Vict. c. xxi.). See Martin, p. 356.
1891.-Stamp law consolidated by Stamp Act, 1891 (54 & 55 Vict. c. 39). Contracts of sea assurance required to be embodied in policy, specifying certain particulars, and not to be made for more than twelve months.
1894. The Merchant Shipping Act, 1894 (56 & 57 Vict. c. 60), consolidates the laws relating to merchant shipping.
The law of marine insurance developed more rapidly in France than in England. The Guidon de la Mer, published at Rouen about 1600, is a very complete exposition of the practice of that day. In 1681 the French law of marine insurance was codified by the Ordonnance de la Marine. The great works of Pothier and Emérigon appeared in the eighteenth century, and with their assistance the Ordonnance of 1681, with various improvements and additions, was reenacted in 1808, by the existing Code de Commerce, Arts. 332 to 439.
The French code formed the basis of the other continental codes, but most of the continental nations have now re-enacted their commercial codes, and in so doing have departed more or less widely from the original model. The latest is the German Commercial Code of 1897, which came into force in 1900.
NOTE G.-RULES OF PRACTICE OF ASSOCIATION OF AVERAGE
The following Rules of Practice of the Association of Average Adjusters with regard to particular average may be cited in amplification of the notes to the text of the Digest. They are taken from the Report for 1900.
PARTICULAR AVERAGE ON SHIP.
Statement of Particular Average on Ships.
(Proposed and accepted 1874, p. 23. Confirmed 1875, p. 19.)
That claims for particular average on ships shall not be stated unless the policies or copies of policies of insurance, for claiming on which the statement is required, be produced to the adjusters.
(Proposed and accepted 1874, p. 23. Confirmed 1875, p. 19.) That such statements shall give the names of the underwriting interested, and the amounts payable on the
firms and companies
respective policies produced.
Apportionment of Costs in Collision Cases.
(Proposed and accepted 1889, p. 42. Confirmed 1890, p. 30.
Referred to a Special Committee 1888, p. 38.)
That when a vessel sustains and does damage by collision, and litigation consequently results for the purpose of testing liability, the technicality of the vessel having been plaintiff or defendant in the litigation shall not necessarily govern the apportionment of the costs of such litigation, which shall be apportioned between claim and counterclaim in proportion to the amount which has been or would have been allowed in respect of each in the event of the claim or counterclaim being established; provided that when a claim or counterclaim is made solely for the purpose of defence, and is not allowed, the costs apportioned thereto shall be treated as costs of defence.
Expenses of Removing a Vessel for Repair.
(Proposed and accepted 1896, p. 23. Confirmed 1897, p. 24.)
Where a vessel is in need of repair at any port and is removed thence to some other port for the purpose of repairs, either because the repairs cannot be effected, or cannot be effected prudently—
(a) The necessary expenses incurred in moving the vessel to the port of repair shall be allowed as part of the cost of repair, and where the vessel after repairing forthwith returns to the port from which she was removed, the necessary expenses incurred in so returning shall also be allowed. (b) Where by moving the vessel to the port of repair any new freight is earned, or any expenses are saved in relation to the current voyage of the vessel, such net earnings or savings shall be deducted from the expenses of moving her, and where the vessel loads a new cargo at the port of repair no expenses subsequent to the completion of repair shall be allowed.
The expenses of removal include the cost of temporary repair, ballasting, wages and provisions of crew and [or] runners, pilotage, towage, extra marine insurance, port charges, and, in case of a steamer, coal and engine-room stores. (c) This rule shall not admit any ordinary expenses incurred in fulfilment of a contract of affreightment, though such
expenses are increased by the removal to a port of repair.
Coals and Stores used in Repair of Damage to the Hull.
(Proposed and accepted 1876, p. 23. Confirmed 1877, p. 53.)
That the cost of replacing coals and engine-room stores consumed either in the repair of damage to a steamer, in working the engines or winches to assist in the repairs of damage, or in moving her to a place of repair within the limits of the port where she is lying, shall be charged to the underwriters on ship as particular average.
Rigging Chafed (Custom of Lloyd's, 1876).
Rigging injured by straining or chafing is not charged to underwriters, unless such injury is caused by blows of the sea, grounding, or contact; or by displacement, through sea peril, of the spars, channels, bulwarks, or rails.
Sails split or blown away (Custom of Lloyd's, 1876).
Sails split by the wind, or blown away while set, unless occasioned by the ship's grounding or coming into collision, or in consequence of damage to the spars to which the sails are bent, are not charged to underwriters.
Dry Dock Expenses. (Proposed and accepted July, 1891, p. 26.
Confirmed 1892, p. 28.)
That where repairs on owner's account which can only be effected in dry dock are executed concurrently with other repairs, for the cost of which the underwriters are liable, and which also can only be effected in dry dock, the cost of entering and leaving the dry dock, in addition to so much of the dock dues as is common to both repairs, shall be divided equally between the shipowner and the underwriters.
This division shall apply in those cases where a vessel is due for ordinary dry docking or for repairs on owner's account necessary for procuring or retaining her class; but it shall not apply when the shipowner has only taken advantage of the vessel being in dry dock to scrape or paint or to effect any other repairs not immediately necessary, but which it may then be convenient to effect.
Deduction of one-third (Custom of Lloyd's, amended 1890–91).
(1876) The deduction for new work in
place of old is fixed by custom at one-third, with the following exceptions:allowed in full. Chain cables are subject to
Metal sheathing is 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 onethird.
The rule applies to iron as well as to wooden ships, and to labour as well as material. It does not apply to the expense of straightening bent ironwork, and to the labour of taking out and replacing it.
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.
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, 1876, 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.
Adjustment on Bonded Prices (Custom of Lloyd's, 1876).
In the following cases it is customary to adjust particular averag 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.
Adjustment of Average on Goods sold in Bond.
(Proposed and accepted 1885, p. 64.
Confirmed 1868, p. 24.)
That in consequence of the facilities generally offered to bond goods at their destination, on 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.
Apportionment of Insured Value of Goods.
(Proposed and accepted 1885, p. 43. Confirmed 1886, p. 23.)
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 descriptions; and over the net arrived sound values in all other cases.
Under-insured Interest made good in General Average.
(Proposed and accepted 1882, p. 47. Confirmed 1883, p. 48.)
That an underwriter who has paid for loss by jettison of the thing insured is entitled, in the proportion that the sum insured bears to the policy value, to whatever is recovered in general average in respect to such loss, although the amount so recovered may exceed the amount paid by him.
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.
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.
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.
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.
Charges (Custom of Lloyd's, 1876).
Extra charges payable by underwriters, when incurred at the port Covered in full; but when charges of the same
of destination, are