Page images


(For a parcel of goods in a general ship.)

[blocks in formation]

SHIPPED, in good order and condition, by Messrs. T. Forni & Co., in and upon the good Steamship Hope, whereof is master for the present voyage, James Piper; now lying in the Port of Odessa, and bound for Savona, with liberty to call at other ports on or out of the way, for coaling, loading, and for discharging cargo, or for other purposes, 900-Nine hundred Bags Wheat-being marked and numbered as per margin, and to be delivered in like good order and condition at the Port of Savona, unto G. Risso, or to his or their assign, he or they paying Freight on the said goods on delivery, at the rate of 12/- Twelve Shillings sterling per ton of 20 cwt.

It is mutually agreed that the Ship shall have liberty to sail without Pilots; to
tow and assist vessels in distress; to convey goods in lighters to and from
the Ship at the risk of the Owners of the goods, but at Ship's expense; and
in case the Ship shall put into a port of refuge for repairs, to tranship the
goods to their destination by any other steamship.

The Act of God, the Queen's Enemies, the Perils of the Sea, Fire, Barratry of
the Master and Crew, Arrests, and Restraints of Princes, Rulers and
People, and other Accidents of Navigation excepted. Strandings and
Collisions, and all Losses and Damages caused thereby, are also excepted,
even when occasioned by negligence, default, or error in judgment of the
Pilot, Master, Mariners or other Servants of the Shipowner.

The Shipowner is not liable for Loss or Damage occasioned by Decay, Putre-
faction, Vermin, Rust, Contact, Leakage, Breakage, or any loss or damage
arising from the nature of the goods or the insufficiency of packages; nor


Not more than six running
days, Sundays excepted, to be
allowed for discharging the
whole cargo, or demurrage to
be paid.

Weight, Quality, Quantity,

for the obliteration or absence of Marks or Numbers; nor for any loss or
damage caused by the prolongation of the voyage.

The goods are to be received by the Consignees immediately on arrival, as fast
as steamer can deliver, otherwise the Master or Agent is to be at liberty to
put them into lighters, or land the same, at the risk and expense of the
Owners of the goods, or to charge demurrage at the rate of £40 per day, to
be paid proportionately by the Receivers of the whole cargo.

The Master or Agent shall have a lien on the whole or any part of the cargo
for freight, demurrage, and payments made, if any, or liabilities incurred in
respect of any charges stipulated herein, to be borne by the Owners of
the goods.

The ship shall not be liable for incorrect delivery of packages, unless each of
them shall have been distinctly marked by the Shippers before shipment.
Freight to be paid, ship lost or not lost.

The Owner, the Consignee of the goods, and the Shipowner, mutually agree
to be bound by all of the above stipulations, exceptions, and conditions,
notwithstanding any custom of the ports of loading and discharging to
the contrary.

IN WITNESS whereof the Master or duly authorised Agent of the said
Ship hath affirmed to Three Bills of Lading, all of this tenor and date, one
of which Bills being accomplished, the others to stand void.

Dated in Odessa this 16th day of May, 1891.

[blocks in formation]


(For a whole cargo shipped under charter.)

[blocks in formation]

SHIPPED, in good order, and weli-conditioned, by Francis Scott & Co.,
Merchants, in and upon the good Italian Ship or Vessel, called the Due
Fratelli, whereof Roberto Bixio is Master for this present Voyage, and now
lying at anchor within the Port of Cardiff, and bound for Genoa

Eignt hundred and sixty-four tons of steam coal

being marked and numbered as per margin, to be delivered in the like good
order and condition at the aforesaid Port of Genoa (the Act of God, the
King's Enemies, Fire and all and every other dangers and accidents of the
Seas, Rivers, and Navigation of whatever nature and kind soever excepted)
unto shipper's order or to his assigns, he or they paying Freight for the said
Goods Fourteen shillings sterling per Ton, and one pound gratuity per
100 tons delivered, with average accustomed.

IN WITNESS whereof, I, the said Master of the said Ship, have affirmed
to three Bills of Lading all of this tenor and date, one of which being
accomplished, the rest to stand void.

Dated in Cardiff this 30th day of November, 1891.





Definition of Average-Proof of Average-Difference between General and Particular Average-Statement of Average-Valuation of Damages and Contribution to General Average-Average Bond and Average Agreement-Bottomry and Respondentia.

Definition of Average.-The word average, as a technical term used in the shipping trade, was formerly employed in many different senses.

In present practice, average means damage arising from the perils of the sea, including all losses, deterioration, or extraordinary outlay incurred during a voyage, either by a vessel or her cargo, provided such losses, deterioration or outlay be caused by the dangers and accidents of navigation.

Proof of Average.-The average suffered at sea, either by a ship or by her cargo, is proved by the account of the accident duly recorded in the ship's log book, and principally by the captain's protest, which he is bound to make before the appointed authority, within twenty-four hours after his arrival at any port after the accident.

The protest is a detailed statement of the facts that led to the loss or damage during the passage. The captain has to declare that such loss or damage was

not imputable to any fault of the vessel or of her master and crew, but to the bad weather, winds, waves, currents, etc., against which the document usually ends by protesting. Hence the name of protest.

Owing to the short time allowed by law, it is customary for captains to note always on arrival, and afterwards, if required, to extend their protest.

Noting a protest means to present a declaration of protest, whose intended purpose is to cover the shipowner's responsibility against any P claim for damages suffered by the cargo during the


Should any such claim be presented by the receivers, the protest is extended, viz., a new document with full particulars of the case is added to the protest, formerly drawn up in general terms.

Distinction in Average.-Average may be either general or particular.

General average is the loss, damage, or expenses suffered by any of the interested parties for the sake of common safety.

Particular average is the loss, damage, deterioration or expenses incurred by any of the interested parties in consequence of sea perils, but independently of the common safety.

General Average.-The principal cases of general average are

(a) Goods or ship's tackle and furniture intentionally jettisoned or in any other way sacrificed to lighten the vessel in case of impending danger, or to get her afloat if stranded or grounded.

(6) Money paid to any person or persons for assistance given to the ship in distress.

« PreviousContinue »