that its regulations should be as simple and as few in number as general justice will permit. "The wisest and most equitable rules may occasionally, in a particular case, be productive of an inconvenience, but such occasional and particular inconvenience is a much less evil than the confusion and uncertainty that never fail to accompany a multiplicity of minute regu lations."

The owner of a British ship may avail himself of a statement of average made in a foreign country, so as to charge shippers of goods or a freighter under an agreement for charter entered into in this country, with the expenses of wages and provisions included in such statement of average, according to the practice of the foreign country where it was made. In other words, under a charter made in England, the owner of a British ship may avail himself of a statement which sets forth the expenses of wages and provisions for the seamen incurred during the necessary detention of the ship at an intermediate port, although by the law of this country such expenses would not be recoverable as average.

The Courts of Holland have held that, although a bill of lading contains a clause making a shipowner not responsible for loss or damage

caused by the stranding of a vessel where that stranding was brought about by negligence, the shipowner cannot claim from the cargoowners any contribution for general average. But if this point had arisen in this country it would have been decided that the cargo-owners would be liable for the contribution in general average under circumstances where the action has occurred through negligence, but where by the bills of lading the owners of the ship were not responsible for that negligence. Indirectly, the contract of carriage does vary the position of the parties with regard to the general average, because it varies the risks which the general interests are exposed to.

The operation of saving is taken for the benefit of both the ship and the cargo, the freight standing in the same position as the ship; and, therefore, the captain-who at this time, under ordinary circumstances, acts as agent for the person whose property is at risk, and spends money on behalf of all who are interested and all who are interested must contribute to it; therefore the shipowner ought only to contribute so much, and then the underwriters who have indemnified have got to recoup him what he has paid.

"A general average adjuster ought to exclude

claims for partial losses not incurred for more parties than one, and claims under the suing and labouring clause for saving the ship alone. But he must decide what expenses, alleged to have been incurred for the benefit of both ship and cargo, are to be treated as general average expenses, and what are not; and expenses which are treated by him as general average expenses must be so treated not only as between the respective owners of ship and cargo, but also as between them and their respective underwriters. Expenses so treated cannot be treated as something else by those who have agreed to be bound by his decision." 1

It was stated in that case by Smith, L.J., that the clause in a marine policy "general average as per foreign statement meant that in case of a loss giving rise to general average, items of expenditure were to contribute to general average according to Dutch law, and that this excluded the view that such items were to be particular average according to English law. He meant to the suing and labouring clause.

Again, the assured is not "at liberty to approbate and reprobate, to take the benefit of the foreign law in claiming general average in

1 Per Lindley, L.J., in the Mary Thomas, L.R.P., 1894, pp. 123, 124.

accordance with it, and repudiate the foreign adjuster's award for the purpose of claiming particular average against his insurer upon an adjustment made by an English average

stater."

CHAPTER III.

Case of Hendricks v. Australasian Insurance Company-Master of Ship no Right to insist upon Arbitrary Payment--Shipowner who requires Consignee to Enter into BondPerson Receiving Goods in pursuance of a Bill of Lading -Consignee who is the Absolute Owner of Goods Liable to Pay General Average-To avoid inconvenience of Resorting to Consignor-Expenditure not Incurred by Master as Agent of Shipowner-When Defendant does not become Liable to Pay any Contribution —What "General Average" means in Insurance Law-Captain of Ship in Cases of Need entitled to incur Extraordinary Expenditure--Case of Notara v. Henderson-When Extraordinary Expenses are Charged as a matter of Practice.

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IN the case of Hendricks v. Australasian Insurance Company,' the question was whether the defendants were bound to pay a particular average loss upon an insurance effected with them in these terms: To cover only the risks excepted by the clause warranted free from particular average, unless the vessel be stranded, sunk or burnt'. To pay all claims and losses on Dutch terms and according to statement made up by official dispacheur in Holland; being warranted free from particular average unless

1 L.R. 9, C.P. 460.