nt expenses of getting out (if she sails again with all or
part of her original cargo), are allowed as G.A., Rule X. (a). Further, the
cost of discharging the cargo to enable damage to the ship to be repaired,
whether caused by sacrifice or by accident during the voyage, is to be
allowed as G.A., "if the repairs were necessary for the safe prosecution of
the voyage," Rule X. (b). And that is to be so even where such repairs are
done at a port of _call_, as well as where done at a port of _refuge_.
Again, when the cost of discharging is treated as G.A., so also are to be
the expenses of storing the cargo on shore, and of reloading and stowing it
on board, after the repairs have been done (Rule X. (c)), together with any
damage or loss incidental to those operations (Rule XII.).
Further, by Rule XI. the wages of the master, officers and crew, and the
cost of their maintenance, during the detention of a ship under the
circumstances, or for the purpose of the repairs mentioned in Rule X., are
to be allowed in G.A. It is questionable whether English law allows the
wages and maintenance of the crew at a port of refuge in any case. Where
the detention is to repair _accidental_ damage it seems clear that they are
not allowed. And in practice under common law, the allowance is never made;
so that Rule XI. is an important concession to the shipowner. Like the
changes introduced by Rule X., it is a change towards the practice in
foreign countries.
It may be noted that the rules do not afford equal protection to a shipper
in the comparatively infrequent case of his being put to expense by the
delay at a port of refuge. Thus a shipper of cattle is not entitled to have
the extra wages and provisions of his cattlemen on board, nor the extra
fodder consumed by the cattle during the stay at a repairing port, made as
good as G.A. under Rules XI. and X. (_Anglo-Argentine &c. Agency_ v.
_Temperley Shipping Co._, 1899, 2 Q.B. 403).
[Sidenote: General average sacrifices.]
As to the acts which amount to G.A. sacrifices, as distinguished from
expenditures, the York-Antwerp Rules do not much alter English common law.
They do, however, make definite provisions upon some points on which
authority was scanty or doubtful. (See Rules I.-IX.) And in Rule I., as to
jettison of deck cargo, a change is made from the common law rule, for the
jettison is not allowed as G.A. even though the cargo be carried on deck in
accordance with an established c
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