ground of wreck." All the writers in this country and abroad appear to be agreed that the question is whether there is common danger, and whether there is voluntary sacrifice, although they are not all agreed upon the application in practice of these rules; but the one case in which English average staters are agreed is that if a mast were sprung, and a part of it were to go overboard with a quantity of spars and sails attached to it hanging on a stay which must give way in a minute or two, whilst in the meantime, by battering against the side of the vessel it adds to the danger, and if the stay were cut to let it go at once, it would be very difficult to say that there was anything more than wreck. In short, if the danger is common and the thing is voluntarily sacrificed, it is contributed for rateably.

Long continued custom has created the claim called "general average," and to make expenses incurred by the shipowner general average, they must be voluntarily and successfully incurred, or the necessary consequence of a resolution voluntarily and successfully taken by a person in charge of a sea adventure for the safety of the ship and cargo, under the pressure of a danger of total loss or destruction imminent and common to them. A shipowner must bear

the loss of his timber being made use of to aid in making up for the deficient coal. Where a rudder has been carried away, and a spare spar has been cut up to make one, it has been decided to be general average. A certainty of destruction within a short time, unless prevented, is an emergency and imminent. Assuming that a vessel ran for shelter into a river where no supplies could be obtained, and assuming she would have to stay a month unless she got out of the then spring tides; and also assuming that all her provisions would fail her in that time, and suppose, to get out, she lightens herself by throwing some heavy cargo overboard, this would constitute a case of emergency and imminent danger, for such is the result of all the authorities.

Where steam power is substituted for sailing power, which from injury to the ship had been exhausted, the additional expense of fuel is not to be deemed an extraordinary expense within the meaning of the rule of general average that it is "a loss arising out of extraordinary sacrifices made or extraordinary expenses incurred for the joint benefit of ship and cargo". The true principle as applicable to cases of general average losses is that "if a vessel goes into port in consequence of an injury which is itself

the subject of general average such repairs as are absolutely necessary to enable her to prosecute her voyage, and the necessary expenses of port charges, wages and provisions during the stay are to be considered as general average; but if the damage was incurred by mere violence of the wind and weather, without sacrifice on the part of the owner for the benefit of all concerned, it falls, with the expenses consequent upon it, within the contract of the shipowner to keep his vessel tight, staunch and strong during the voyage for which she is hired".

The English law is quite clear on the point that where the equipment of the ship is employed for its ordinary purpose, though it may be under circumstances requiring unusual demands upon it, there is no sacrifice and no right to general contribution. The shipowner, if he insists that the cargo-owner is bound to contribute in general average, must show that the ship has been in some way injured, that the ship and cargo were both in danger, and that the injury to the ship happened in consequence of an intentional putting her into the danger of injury for the purpose of attempting to save both ship and cargo. As has been before pointed out, the captain of a ship is there to

do what he ought to do for the benefit of both shipowner and cargo-owner, and his duty is to everything he can do to save both ship and cargo. An underwriter can can insure himself against the negligence of the master.

If an endeavour is made to refloat a steamship stranded in a position of peril, the engines are intentionally worked for this purpose, at the risk of damage for the common safety, the damage so caused to the engines is a general average loss, and the value of the coal consumed in working the engines is also the subject of general average contribution, and this matter, looked at purely from a business standpoint, this use of the engines may be fairly regarded as an extraordinary sacrifice, and there is no law to prevent it from being so regarded. Again, a shipper of cargo is entitled in time of peril to the benefit not only of the best services of the crew in order to save his goods, but of the use of all the appliances for that purpose with which the ship is provided. And therefore, where a ship is fitted up with auxiliary steam pumping power, it is the duty of the owner to make some provision for supplying the engine with fuel. Not that he is bound to have on board enough for every possible emergency, but he is bound to have a reason

able supply, having regard to the nature of the voyage, the season of the year, the quality of the cargo, the condition of the ship, and what experience has shown to be prudent to provide against under those conditions. If he fails to do so, he cannot call upon the owners of cargo to contribute towards that reasonable supply. That would be to make them pay for that which he ought to have provided at his own expense, and if under such circumstances the opportunity occurs during a time of peril of buying coals from a passing steamer, he cannot charge their cost as an extraordinary expenditure entitling him to general average."

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Again, it must be shown that an imminent peril existed, and that the master deliberately, and for the sake of preserving the adventure, sacrificed that in respect of which contribution is claimed. It constitutes a general average act where the ship has reached her destination, and, in a certain sense, the voyage is over, and where a great deal of the cargo has been unladen, but some considerable quantity still remains on board, and a fire breaks out in the hold, and in order to save the ship and cargo water is poured down, and by pouring down the water the fire was extinguished and the ship was saved. No authority conflicts with