Encyclopaedia Britannica Volume 3, Part 1, Slice 1 Part 12

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 G.A.

RULE V.--VOLUNTARY STRANDING

When a s.h.i.+p is intentionally run on sh.o.r.e, and the circ.u.mstances are such that if that course were not adopted she would inevitably sink, or drive on sh.o.r.e or on rocks, no loss or damage caused to the s.h.i.+p, cargo and freight, or any of them, by such intentional running on sh.o.r.e, shall be made good as G.A. But in all other cases where a s.h.i.+p is intentionally run on sh.o.r.e for the common safety, the consequent loss or damage shall be allowed as G.A.

RULE VI.--CARRYING PRESS OF SAIL--DAMAGE TO OR LOSS OF SAILS

Damage to or loss of sails and spars, or either of them, caused by forcing a s.h.i.+p off the ground or by driving her higher up the ground, for the common safety, shall be made good as G.A.; but where a s.h.i.+p is afloat, no loss or damage caused to the s.h.i.+p, cargo and freight, or any of them, by carrying a press of sail, shall be made good as G.A.

RULE VII.--DAMAGE TO ENGINES IN REFLOATING A s.h.i.+P

Damage caused to machinery and boilers of a s.h.i.+p which is ash.o.r.e and in a position of peril, in endeavouring to refloat, shall be allowed in G.A., when shown to have arisen from an actual intention to float the s.h.i.+p for the common safety at the risk of such damage.

RULE VIII.--EXPENSES OF LIGHTENING A s.h.i.+P WHEN ASh.o.r.e, AND CONSEQUENT DAMAGE

When a s.h.i.+p is ash.o.r.e, and, in order to float her, cargo, bunker coals and s.h.i.+p's stores, or any of them, are discharged, the extra cost of lightening, lighter hire, and res.h.i.+pping (if incurred), and the loss or damage sustained thereby, shall be admitted as G.A.

RULE IX.--CARGO, s.h.i.+P'S MATERIALS, AND STORES BURNT FOR FUEL

Cargo, s.h.i.+p's materials and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as G.A., when and only when an ample supply of fuel had been provided; but the estimated quant.i.ty of coals that would have been consumed, calculated at the price current at the s.h.i.+p's last port of departure at the date of her leaving, shall be charged to the s.h.i.+powner and credited to the G.A.

RULE X.--EXPENSES AT PORT OF REFUGE, &c.

(a) When a s.h.i.+p 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 circ.u.mstances, which render that necessary for the common safety, the expenses of entering such port or place shall be admitted as G.A.; 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 G.A.

(b) The cost of discharging cargo from a s.h.i.+p, whether at a port or place of loading, call or refuge, shall be admitted as G.A., when the discharge was necessary for the common safety or to enable damage to the s.h.i.+p, 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 s.h.i.+p is admissible as G.A., the cost of reloading and storing such cargo on board the said s.h.i.+p, together with all storage charges on such cargo, shall likewise be so admitted. But when the s.h.i.+p is condemned or does not proceed on her original voyage, no storage expenses incurred after the date of the s.h.i.+p's condemnation or of the abandonment of the voyage shall be admitted as G.A.

(d) If a s.h.i.+p 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 trans.h.i.+pped by another s.h.i.+p, or otherwise forwarded, then the extra cost of such towage, trans.h.i.+pment and forwarding, or any of them (up to the amount of the extra expense saved), shall be payable by the several parties to the adventure in proportion to the extraordinary expense saved.

RULE XI.--WAGES AND MAINTENANCE OF CREW IN PORT OF REFUGE, &c.

When a s.h.i.+p shall have entered or shall have been detained in any port or place under the circ.u.mstances, or for the purposes of the repairs, mentioned in Rule X., the wages payable to the master, officers and crew, together with the cost of maintenance of the same, during the extra period of detention in such port or place until the s.h.i.+p shall or should have been made ready to proceed upon her voyage, shall be admitted as G.A. But when this s.h.i.+p is condemned or does not proceed on her original voyage, the wages and maintenance of the master, officers and crew, incurred after the date of the s.h.i.+p's condemnation or of the abandonment of the voyage, shall not be admitted as G.A.

RULE XII.--DAMAGE TO CARGO IN DISCHARGING, &c.

Damage done to or loss of cargo necessarily caused in the act of discharging, storing, reloading and stowing shall be made good as G.A. when and only when the cost of those measures respectively is admitted as G.A.

RULE XIII.--DEDUCTIONS FROM COST OF REPAIRS

In adjusting claims for G.A., repairs to be allowed in G.A. shall be subject to the following deductions in respect of "new for old," viz.:--

In the case of _iron or steel s.h.i.+ps_, from date of original register to the date of accident:--

_Up to 1 year old (A.)_

All repairs to be allowed in full, except painting or coating of bottom, from which one-third is to be deducted.

_Between 1 and 3 years (B.)_

One-third to be deducted off repairs to and renewal of woodwork of hull, masts and spars, furniture, upholstery, crockery, metal and gla.s.sware, also sails, rigging, ropes, sheets and hawsers (other than wire and chain), awnings, covers and painting.

One-sixth to be deducted off wire rigging, wire ropes and wire hawsers, chain cables and chains, donkey engines, steam winches and connexions, steam cranes and connexions; other repairs in full.

_Between 3 and 6 years (C.)_

Deductions as above under clause B, except that one-sixth be deducted off ironwork of masts and spars, and machinery (inclusive of boilers and their mountings).

_Between 6 and 10 years (D.)_

Deductions as above under clause C, except that one-third be deducted off ironwork of masts and spars, repairs to and renewal of all machinery (inclusive of boilers and their mountings), and all hawsers, ropes, sheets and rigging.

_Between 10 & 15 years (E.)_

One-third to be deducted off all repairs and renewals, except ironwork of hull and cementing and chain cables, from which one-sixth to be deducted. Anchors to be allowed in full.

_Over 15 years (F.)_

One-third to be deducted off all repairs and renewals. Anchors to be allowed in full. One-sixth to be deducted off chain cables.

_Generally (G.)_

The deductions (except as to provisions and stores, machinery and boilers) to be regulated by the age of the s.h.i.+p, and not the age of the particular part of her to which they apply. No painting bottom to be allowed if the bottom has not been painted within six months previous to the date of accident. No deduction to be made in respect of old material which is repaired without being replaced by new, and provisions and stores which have not been in use.

[v.03 p.0056]

In the case of _wooden or composite s.h.i.+ps_:--

When a s.h.i.+p is under one year old from date of original register, at the time of accident, no deduction "new for old" shall be made. After that period a deduction of one-third shall be made, with the following exceptions:--

Anchors shall be allowed in full. Chain cables shall be subject to a deduction of one-sixth only.

No deduction shall be made in respect of provisions and stores which had not been in use.

Metal sheathing shall be dealt with, by allowing in full the cost of a weight equal to the gross weight of metal sheathing stripped off, minus the proceeds of the old metal. Nails, felt and labour metalling are subject to a deduction of one-third.

In the case of _s.h.i.+ps generally_:--

In the case of all s.h.i.+ps, the expense of straightening bent ironwork, including labour of taking out and replacing it, shall be allowed in full.

Graving dock dues, including expenses of removals, cartages, use of shears, stages and graving dock materials, shall be allowed in full.

RULE XIV.--TEMPORARY REPAIRS

No deductions "new for old" shall be made from the cost of temporary repairs of damage allowable as G.A.

RULE XV.--LOSS OF FREIGHT