AVERAGE, GENERAL.

1. General average is the general
contribution that is to be made by all
parties towards a loss sustained by
some for the benefit of all, 492, 495

2. The principle of this general
contribution is derived from the an-
cient law of Rhodes, being adopted
into the Digest, with an express recog-
nition of its true origin,
492

3. In a marine sense, " contribu-
tion" and "average" are synonymous
terms,
497

4. The rule of the Rhodian law is
this" If goods are thrown over-
board, in order to lighten a ship, the
loss incurred for the sake of all shall
be made good by the contribution of
all,
497

5. In case of necessity, for saving
the lives of the passengers in a ship,
it is lawful for any one passenger to
throw the goods of another overboard;
and where the danger accrued only by
the act of God, as by tempest, every
man ought to bear his loss for the
safeguard and life of a man,

498

6. In a general average, one thing
is certainly necessary, viz., that the
ship be in distress, and that sacrific-
ing a part be necessary to preserve the
rest,

499

8. If the ship ride out the storm,
it is the duty of the master, if she
arrive at her port of destination, or
at any other port, to draw up an ac-
count of the jettison, and verify the
same by the oath of himself or of some
of his crew, as soon as possible, that
there be no opportunity to purloin
goods, and then pretend they were
cast over in the hour of danger, 500

9. If the jettison does not save the
ship, but she perish in the storm, the
goods saved are not to contribute to
the loss of the goods cast overboard,
because the object of the jettison was
not attained,

500

10. But if the ship be saved, and
pursue her voyage, and afterwards be
lost, the goods saved from the subse-
quent loss shall contribute to the loss
of the goods cast over on the former
occasion,
500

11. If in the act of jettison, or in
consequence of it, other goods are
broken, damaged, or destroyed, the
value of these must be included in

the general contribution, and damage done to the ship by cutting holes to effect jettison, or to let out the water, 500

12. If the ship be obliged to take refuge in a port to which she was not destined, and which she cannot enter without lightening the ship by taking out part of the cargo, and the part is lost in the craft to the shore, this loss, which was occasioned by the removal for a general benefit, must be repaid by a general contribution, 501

13. All loss which arises in consequence of extraordinary sacrifices, or expenses incurred for the preservation of the ship and cargo, come within the description of general average,

501

14. The expense of repairing a ship injured by resisting a privateer, curing the wounds of the sailors, and the ammunition expended, are not the subject of a general average,

502

15. A master who has cut his mast, parted with his cable, or any other part of the ship, in order to save the ship, he is entitled to compensation by a general average,

503

16. But where a vessel carried a press of sail, to avoid a privateer, and was damaged, this is not a general average loss, 503

17. Goods laden on deck, unless sanctioned by the usage of trade, though they must contribute to a loss, are not themselves the subject of a general average, 504

18. But the owner of a cargo of timber laden on deck, pursuant to the usage of the trade, is entitled to a contribution, in the nature of general average, for a loss by jettison,

504

19. And where, in an action by a shipowner against the underwriter on "the ship," the declaration stated that certain pigs were thrown overboard, for the safety of the ship, and the plaintiff was afterwards forced to contribute to the general average. Plea, that the pigs were laden on deck, by reason whereof the defendants were not liable to contribute to the average. Held

22. If a ship be carried by force into a port, the charges of reclaiming her, and the extra wages and expenses during the detention, are the subject of a general average,

515

23. Extraordinary wages and provisions expended during the time a ship goes into a port to repair, are not the subject of a general average, unless in the case of urgent necessity, 516

24. Where a ship is obliged to go into a port for the benefit of the whole concern, the charges of unloading and reloading the cargo, and the wages and provisions of the workmen hired for the repairs, are general average, 517

25. The wages and provisions, and the expenses of repairs, where a ship goes into port in order to repair damage by a tempest, are not the subject of a general average,

519

26. General principle to be derived from these decisions,

520

31. In what proportions ship,
freight, and cargo, shall contribute,

523

32. The value at which the goods
cast overboard are to be estimated,
and for what value those saved are to
contribute,
524
33. The time when the contribu-
tion is to be made,
525
34. The place at which the ave-
rage is to be adjusted,
527

35. The adjustment is to be made
according to the law of that place, 527

ARRESTS, RESTRAINTS,
DETENTION OF PRINCES, &c.

See TOTAL LOSSES AND
ABANDONMENT.

1. Malyne says, "that the assurers
are liable for all losses by arrests, de-
tentions, &c., happening both in time
of war and peace, committed by the
public authority of princes, &c., 305

See Roccus's Opinion, ib.

2. Lord Mansfield said, in the case
of Goss v. Withers, that the assured
may abandon in case merely of an
arrest on an embargo, by a prince not
an enemy; and consequently such an
arrest is a loss within the meaning of
the word "detention," 296, 305

3. The term "people," in the
clause, means the supreme power-
the power of the country, whatever it
may be,
306

4. What is an embargo? An em-
bargo is an arrest laid on ships or
merchandise, by public authority, or
a prohibition of state, commonly
issued to prevent foreign ships from
putting to sea in time of war, and
sometimes also to exclude them from
entering our ports,
306

5. This term has also a more ex-
tensive signification, where ships are
detained by a prince to serve him in
an expedition, and for this end have
their ladings taken out, without any
regard to the government they obey,

307

7. But in times of peace the power
of the King of Great Britain to lay
such restraints is doubtful,

307

8. Where a neutral vessel was
seized by a foreign power, and car-
ried into port, to be searched for
enemy's property, all charges arising
out of the improper detention must
308
be borne by the underwriters,

9. A neutral ship is insured at and
from an enemy's port, and an em-
bargo is there laid on by the enemy.
The assured may abandon, and re-
310
cover a total loss,

10. A British merchant is not an-
swerable for the damage which may
happen to a foreign ship by reason of
an embargo laid on by the British
Government,

312
11. Where the assured is a subject
of this country, he may recover against
a British underwriter for a loss arising
out of a detention by the British
Government,

313