Imágenes de páginas
PDF
EPUB

APPENDIX.

GENERAL AVERAGE.

YORK-ANTWERP RULES, 1890.

The following Rules were adopted at the Conferences in connection with the Association for the Reform and Codification of the Law of Nations held at

[blocks in formation]

ANTWERP (continued).

RULE III.-EXTINGUISHING FIRE

ON SHIPBOARD.

Damage done to a ship or cargo, and either of them, by water or otherwise, in extinguishing a fire on board the ship, shall be general average, except that no compensation be made for damage done by water to packages which have been on fire.

RULE IV.-CUTTING AWAY WRECK.

Loss or damage caused by cutting away the wreck or remains of spars, or of other things which have previously been carried away by sea peril, shall not be made good as general average.

RULE V.-VOLUNTARY STRANDING.

When a ship is intentionally run on shore because she is sinking or driving on shore or rocks, no damage caused to the ship, the cargo, and the freight, or any or either of them, by such intentional running on shore shall be made good as general average.

RULE VI.-CARRYING PRESS OF

SAIL.

Damage occasioned to a ship or cargo by carrying a press of sail

LIVERPOOL (continued).

RULE III.-EXTINGUISHING FIRE

ON SHIPBOARD.

Damage done to a ship and cargo, or either of them, by water or otherwise, including damage, by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average; except that no compensation shall be made for damage to such portions of the ship and bulk cargo, or to such separate packages or cargo, as have been on fire.

RULE IV.-CUTTING AWAY WRECK.

Loss or damage caused by cutting away the wreck or remains of spars, or of other things which have previously been carried away by sea peril, shall not be made good as general average.

RULE V.VOLUNTARY STRANDING.

When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably sink, or drive on shore or on rocks, no loss or damage caused to the ship, cargo and freight, or any of them by such intentional running on shore shall be made good as general average. But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as general average.

[blocks in formation]

ANTWERP (continued). shall not be made good as general average.

RULE VII.-PORT OF REFUGE

EXPENSES.

When a ship shall have entered a port of refuge under such circumstances that the expenses of entering the port are admissible 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 shall likewise be so admitted as general average; and whenever the cost of discharging cargo at such port 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. Except that any portion of the cargo left at such port of refuge, on account of its being unfit to be carried forward, or on account of the unfitness or inability of the ship to carry it, shall not be called on to contribute to such general average.(See Rule X. on next page.)

RULE VIII.-WAGES AND MAINTENANCE OF CREW IN PORT OF REFUGE.

When a ship shall have entered a port of refuge under the circum

LIVERPOOL (continued).

spars, or either of them, caused by forcing a ship off the ground or by driving her higher up the ground, for the common safety, shall be made good as general average; but where a ship is afloat, no loss or damage caused to the ship, cargo and freight, or any of them, by carrying a press of sail, shall be made good as general average.

RULE VII.-DAMAGE TO ENGINES IN REFLOATING A SHIP. Damage caused to machinery and boilers of a ship, which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average, when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage.

RULE VIII. EXPENSES LIGHTENING A SHIP WHEN ASHORE, AND CONSEQUENT DAMAGE. When a ship is ashore and, in order to float her, cargo, bunker

Ex

ANTWERP (continued). stances defined in Rule VII., the wages and cost of maintenance of the masters and mariners from the time of entering such port until the ship shall have been made ready to proceed upon her voyage, shall be made good as general average. cept that any portion of the cargo left at such ports of refuge on account of its being unfit to be carried forward, or on account of the unfitness or inability of the ship to carry it, shall not be called upon to contribute to such general average.-(See Rule XI.)

RULE IX.-DAMAGE TO CARGO IN

DISCHARGING.

Damage done to cargo by discharging it at a port of refuge shall not be admissible as general average in case such cargo shall have been discharged at the place and in the manner customary at that port with ships not in distress.-(See Rule XII.)

RULE X.-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 shipowners' freight

LIVERPOOL (continued).

coals and ship's stores, or any of them, are discharged, the extra cost of lightening, lighter hire, and reshipping (if incurred), and the loss or damage sustainad thereby, shall be admitted as general average.

RULE IX.-CARGO, SHIP'S MATERIALS AND STORES BURNT FOR FUEL.

and

Cargoes, ship's materials 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

ANTWERP (continued).

and passage money at a risk of twofifths of such freight, in lieu of crew's wages, port charges, and all other deductions; deduction being also made, from the value of the property, of all charges incurred in respect thereof subsequently to the arising of the claim to general average. (See Rule XVII.)

LIVERPOOL (continued).

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 storing 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

« AnteriorContinuar »