distress or derelict, resulting in the safety of ship and cargo, are made up by a general average contribution. So also are sums paid for saving the lives of the master or crew of any ship in distress, if the ship and cargo are brought to a place of safety.

It may be stated as a general rule, that whatever pays no freight pays no average, consequently the ship's stores and private effects of the master, crew, or passengers, are not liable to contribute to a general average loss.

General average is adjusted at the port of discharge, and according to the law of the country where such port is situate. The laws as to the adjustment of average vary in diffent countries, some being more favourable to the shipowner than others. Strenuous efforts are now being made to obtain one uniform law of average and adjustment of average in all countries.

As soon as the general average loss is adjusted, claims should be made upon the underwriters by the owners of the ship, freight, and cargo, for their portion. At the end of this short treatise some general practical remarks are given for the guidance of owners and masters in average losses to which they are referred.

Claims in respect of a Particular Average Loss.

Particular average losses comprise all those losses which are not incurred for the general benefit and safety of the ship and cargo. They include all losses or injuries sustained by either ship or cargo through or

in consequence of the violence of the wind and waves, or thunder and lightning, tempest, or other ordinary or extraordinary perils of the sea; damage done to ships, boats, or tackle, through putting to sea in bad weather, or to avoid being driven ashore, or running the ship ashore to avoid foundering, or to escape an enemy; sails and spars carried overboard through carrying a press of sail; cables slipped or cut to sail with convoy; damage done by fire or collision caused by, or contributed to through the negligence of the master or crew; extra freight and expenses incurred through forwarding cargo in another bottom, so as to avoid a total loss; losses caused by the barratry of the master or mariners; and, in fact, all the losses covered by the policy of insurance which are not the subject of general average contribution.

Particular average losses are borne by the parties on whom they fall; whether they be the owners of the ship, freight, or the cargo. Before making a claim for particular average it must be ascertained whether the loss is sufficient to bring it within the policy.

The memorandum and warranties in some policies are equivalent to a warranty against particular average altogether, unless it turns out a total loss.

Claims under the "Collision" or "Running-down Clause." Collisions may happen, as Lord Stowell observes, in cne of four ways, "in the first place, it may happen

without blame being imputable to either party, as where the loss is occasioned by a storm or other vis major, and in that case the loss must be borne by those on whom it happens to light, the other party not being responsible to him in any degree; second, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence and skill on both sides; and, in such a case, the rule of law is, that the loss must be apportioned among them, as having been occasioned by the fault of both; thirdly, it may happen by the misconduct of the suffering party only, and then the rule is that the sufferer must bear his own burden; and lastly, it may have been the fault of the ship which ran the other down, and in this case the injured party would be entitled to an entire compensation from the other."

The first of these classes of collision is covered by the common policy; the other three by the collision or running-down clause, subject to the proviso it contains excepting loss of life, and subject also to the curious question, whether or not the underwriters would be liable under that clause for a collision between two ships belonging to one owner, who could not compel himself to pay money in respect of the damages sustained.

Claims in respect of collision may be either claims or a total loss, as where the ship insured is sunk or wrecked through the collision, or it may be for a partial loss, as when the ship, though damaged, is yet repairable.

The first duty of a shipowner after a collision has occurred is, to examine into the facts, that he may ascertain which of the foregoing rules apply; perhaps the one most adverse to the shipowner's interests is the second one, because, if the cause of the collision has been the carelessness of both parties, and they are honest enough so to confess to the underwriters, they may agree that each party shall bear his own loss, the consequence of this apparent justice may prove hard upon one or the other of the parties in this particular, since either of them may be damaged considerably, but not quite sufficient to bring the amount to three per cent. of the ship's value, consequently the value of the loss must be borne by the shipowner. It may happen so with both. Now, if one or the other had been to blame, the underwriters would have been compelled to their share of the loss. Consequently, every shippay owner should pause before he consents to bear his own loss, although he may be equally to blame with the other shipowner. It may perhaps be better for him to insist upon having the damages added together and divided, though that course will not help him unless it makes his loss an average one.

Whenever a ship is solely to blame, the better course is always honestly to admit it, and save useless law expenses, since the only result of litigation would be to draw one-fourth of the costs, and also one-fourth of the damages, out of the pockets of one or other of the rival shipowners. The underwriters in this case would be

liable.

Under any circumstances whenever a dispute arises as to the liability for damages occasioned by a collision, it is by far the wisest course for owners and underwriters to refer the matter to arbitration. It is very rare indeed that any abstruse point of law arises in collision cases. Such cases mostly resolve themselves into these two questions—namely, Who was to blame? and What is the damage? The nautical assessors are, in nine cases out of ten, the judges, and yet the money spent in these cases is something enormous during the year.

Whether the parties agree to a reference or not in order to fix the underwriters with their share of the costs, their sanction must be obtained before commencing any proceedings, and an express undertaking in writing to pay such proportion of costs should be obtained.

There are two circumstances which will relieve a person from the consequences of a negligent collision, unless the negligence should be so very gross and wilful as to exclude all grounds for relief. The first is when the collision happens through the fault of a pilot employed in compulsory pilotage waters, the second is when the injured vessel omitted to have her regulation lights burning; or failed in observing the statutory rules to avoid collision.

The claim upon the underwriters is made in a similar manner to any other particular average claim; whether it be for a total or a partial loss, and the evidence necessary to support it is the same. In the event of