APPENDIX G THE FOLLOWING ARE THE RULES OF PRACTICE ADOPTED BY THE ASSOCIATION OF AVERAGE NOTE.-Some of the under-mentioned rules are, as indicated, "Customs of Lloyd's," now by resolution of the Association incorporated amongst the Rules of Practice. The history of the collection of the "Customs of Lloyd's" by a Special Committee of the Association, and of their final incorporation as stated, appears in the Annual Reports of the Association. The following is an Index of the references to the "Customs" in the said Reports, viz.: THE "CUSTOMS OF LLOYD'S" Appointment of a Committee to collect Resolution-" That the Report on the 'Customs of Lloyd's' as now amended be adopted, The preamble to the Customs was— Custom of "Nothing can be called a 1876, p. 21 وو English Adjusting, whether as affecting 1877, p. 79 Resolution-"That the Customs of Lloyd's,' as collected by this Association, be now con firmed Proposed "That it be left to the Committee of Management to consider the 'Customs of Lloyd's' as adopted by the Association as Rules of Practice, and to delete such rules, or parts of rules, as have been affected by legal decisions, and to report to the next General Meeting وو and 1878, p. 18 1879, p. 21 1889, p. 49 Adjustments" For the Consideration of Underwriters” (Proposed and Accepted 1894, p. 32. Confirmed 1895, p. 25) That any adjustment prepared for the consideration of underwriters shall include a statement of the reasons of the average adjuster for making such adjustment, and, when submitted in conjunction with a claim for which underwriters are liable, shall be contained in an entirely separate document. To such adjustments the following note shall be appended, viz.:— "This adjustment has been prepared by request, to enable the assured to submit the case to underwriters." Vide "Rules Rescinded," pp. 349-350 infra. Agency Fees chargeable by Shipowners (Proposed and Accepted 1879, p. 30. Confirmed 1880, p. 28) 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 payments made or services rendered on behalf of cargo, when such payments or services are not involved in the contract of affreightment. Duty of Adjusters in respect of Cost of Repairs (Proposed and Accepted 1879, p. 24. Confirmed 1880, p. 21) That in adjusting particular average on ship or general average which includes repairs, it is the duty of the adjuster to satisfy himself that such reasonable and usual precautions have been taken to keep down the cost of repairs as a prudent shipowner would have taken if uninsured. Claims for Damage to Ship's Machinery (Proposed and Accepted 1880, p. 31. Confirmed 1881, p. 27) That no claim for damage to ship's machinery shall be admitted into an adjustment unless a survey have been held upon such machinery by competent and disinterested engineers as soon as practicable after the occurrence of the casualty giving rise to the claim; a certificate of such survey, reporting as to the nature and cause of the damage, to be furnished to the adjuster: or unless clear proof be given to the adjuster that the holding of such survey or the obtaining of such certificate is impracticable, which proof is to be set forth on the face of the adjustment. Claims on Ship's Machinery (Proposed and Accepted 1890, p. 32. Confirmed 1891, p. 32) That in all claims on ship's machinery for repairs, no claim for a new propeller or new shaft shall be admitted into an adjustment, unless the adjuster shall obtain and insert into his statement evidence showing what has become of the old propeller or shaft. Water Casks (Custom of Lloyd's, 1876) Water casks or tanks carried on a ship's deck are not paid for by underwriters as general or particular average; nor are warps or other articles when improperly carried on deck. GENERAL AVERAGE Basis of Adjustment (Proposed and Accepted 1889, p. 60. Confirmed 1890, p. 33) (Addition proposed and accepted 1899, p. 29. Confirmed 1900, p. 20) That in any adjustment of general average not made in accord ance with British law, it shall be prefaced on what principle or according to what law the adjustment has been made, and the reason for so adjusting the claim shall be set forth. In all cases the adjuster shall give particulars in a prominent position in the average statement of the clause or clauses contained in the charter-party and/or bills of lading with reference to the adjustment of general average. Deckload Jettison (Custom of Lloyd's, Amended 1890-91) The jettison of a deckload carried according to the usage of trade, and not in violation of the contracts of affreightment, is general average. There is an exception to this rule in the case of cargoes of cotton, tallow, acids, and some other goods. In lieu of Custom of Lloyd's, 1876) The The general rule of law now is, that the jettison of a deckload, carried by consent of the shipper, is general average, as between the parties who have assented to this mode of stowage. exceptions are, those trades in which there is a custom that the jettison shall be at the risk of the shipper or owner of the deckload. Such customs may, perhaps, though not very correctly, be called "Customs of Lloyd's." This custom exists with cargoes of cotton, tallow, acids, and some other goods. Damage by Water used to extinguish Fire (Proposed and Accepted 1873, p. 20. Confirmed 1874, p. 18) That damage done by water poured tinguish a fire be treated as general average. down a ship's hold to ex Damage caused by Water thrown upon Burning Goods (Proposed and Accepted 1874, p. 23. Confirmed 1875, p. 22) That goods in a ship which is on fire, or the cargo of which is on fire, affected by water voluntarily used to extinguish such fire, shall not be the subject of general average if the packages so affected be themselves on fire at the time the water was thrown upon them. Voluntary Stranding (Custom of Lloyd's, 1876) The Custom of Lloyd's excludes from general average all damage to ship or cargo resulting from a voluntary stranding. This rule does not necessarily exclude such damage as is done by beaching or scuttling a burning vessel to extinguish the fire. Expenses lightening a Ship when Ashore (Custom of Lloyd's When a ship is ashore, and, in order to float her, cargo is put into lighters and is then at once re-shipped, the whole cost of lightering, including lighter hire and re-shipping, is general average. In lieu of the following, formerly succeeding Section (f) in The above rules do not apply to the cost of lightening a ship when ashore, in case the cargo is put into lighters in order to float the ship, and is then at once re-shipped. In such cases, the whole cost of lightening, including that of re-shipping, is general average. Sails set to force a Ship off the Ground (Custom of Lloyd's, 1876) Sails damaged by being set, or kept set, to force a ship off the ground, or to drive her higher up the ground for the common safety, are general average. Stranded Vessels. Damage to Engines in getting off (Proposed and Accepted 1890, p. 64. Confirmed 1891, p. 35) That damage caused to machinery and boilers of a stranded vessel, in endeavouring to refloat, be allowed in general average, when shown to have arisen from an actual intention to float the ship at the risk of such damage. Claims arising out of Deficiency of Fuel (Proposed and Accepted 1899, p. 50. Confirmed 1900, p. 25) That in adjusting general average arising out of deficiency of fuel, the facts on which the general average is based shall be set forth in the adjustment, including the material dates and distances, and particulars of fuel supplies and consumption. Resort to Port of Refuge for General Average Repairs: (Proposed and Accepted 1888, p. 45. Confirmed 1889, p. 48) That when a ship puts into a port of refuge in consequence of |