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136 APPENDIX A.

APPEN

COMPARATIVE TABLES OF THE GLASGOW RESOLUTIONS (1860), YORK

Glasgow Resolutions York IRules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES, ETC., 1860-1924.

DIX A.

RULES (1864) AND YORK-ANTWERP RULES OF 1877, 1890 AND 1924.

York-Antwerp Rules York-Antwerp Rules

(1890). (1924).

Rule A.
There is a general average act
when, and only when, any extra-
ordinary sacrifice or expenditure
is intentionally and reasonably
made or incurred for the common
safety for the purpose of pre-
serving from peril the property
involved in a common maritime
adventure.

Rule B.
General average sacrifices and
expenses shall be borne by the
different contributing interests on
the basis hereinafter provided.

Rule C.
Only such damages, losses or
expenses which are the direct con-
sequence of the general average
act shall be allowed as general
average.
Damage or loss sustained by the
ship or cargo through delay on the
voyage, and indirect loss from the
same cause, such as demurrage
and loss of market, shall not be
admitted as general average.
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES, ETC., 1860-1924.

York-Antwerp Rules York-Antwerp Rules

(1890). (1924).

Rule D.
Rights to contribution in
general average shall not be
affected, though the event which
gave rise to the sacrifice or
expenditure may have been due
to the fault of one of the parties
to the adventure; but this shall
not prejudice any remedies which
may be open against that party
for such fault.

Rule E.
The onus of proof is upon the
party claiming in general average
to show that the loss or expense
claimed is properly allowable as
general average.

Rule F.
Any extra expense incurred in
place of another expense which
would have been allowable as
general average shall be deemed
to be general average and so
allowed, but only up to the
amount of the general average
expense avoided.

Rule G.
General average shall be
adjusted as regards both loss and
contribution upon the basis of
values at the time and place when
and where the adventure ends.
This rule shall not affect the
determination of the place at
which the average statement is
to be made up.
 APPENDIX A.
Glasgow Resolutions York Rules
(1860). (1864).
Rule I. -Jettison of
Deck Cargo.
A jettison of timber or
deals, or any other de-
scription of wood cargo,
carried on the deck of a
ship in pursuance of a
general custom of the
trade in which the ship is
then engaged, shall be
made good as general
average, in like manner
as if such cargo had been
jettisoned from below
deck.
No jettison of deck
cargo, other than timber
or deals, or other wood
cargo, so carried as afore-
said, shall be made good
as general average.
Every structure not
built in with the frame of
the vessel shall be con-
sidered to be a part of the
deck of the vessel.
Rule II.-Damage by
Jettison.
(3.) That the damage Damage done to goods
done to cargo by chafing or merchandise by water
and breakage, resulting which unavoidably goes
from a jettison of part down a ship's hatches
of the remainder of the opened, or other opening
cargo, ought not to be made, for the purpose of
allowed in general aver- making a jettison, shall
age. be made good as general
average, in case the loss
by jettison is so made
good.
Damage done by break-
age or chafing, or other-
wise from derangement
of stowage consequent
upon a jettison, shall be
made good as general
average.
York-Antwerp Rules
(1877).
Rule I.-Jettison of
Deck Cargo.
No jettison of deck
cargo shall be made good
as general average.
Every structure not
built in with the frame
of the vessel shall be con-
sidered to be a part of the
deck of the vessel.
Rule II-Damage by
Jettison.
Damage done to goods
or merchandise by water
which unavoidably goes
down a ship's hatches
opened, or other opening
made, for the purpose of
making a jettison, shall
be made good as general
average, in case the loss
by jettison is so made
good.
Damage done by break-
age and chafing, or other-
wise from derangement of
stowage consequent upon
a jettison, shall be made
good as general average,
in case the loss by jettison
is so made good.
 COMPARATIVE TABLES
York-Antwerp Rules
(1890).
Rule I.-Jettison of Deck Cargo.
No jettison of deck cargo shall be
made good as general average.
Every structure not built in with the
frame of the vessel shall be considered
to be a part of the deck of the vessel.
Rule II.-Damage by Jettison and
Sacrifice for the Common Safety.
Damage done to a ship and cargo, or
either of them, by or in consequence of
a sacrifice made for the common safety,
and by water which goes down a ship's
hatches opened or other opening made
for the purpose of making a jettison for
the common safety, shall be made good
as general average.
ETC., 1860-1924.
York-Antwerp Rules
(1924).
Rule I.-Jettison of Cargo.
No jettison of cargo shall be
made good as general average,
unless such cargo is carried in
accordance with the recognised
custom of the trade.
Rule II. - Damage by Jettison
and Sacrifice for the Common
Safety.
Damage done to a ship and
cargo, or either of them, by or
in consequence of a sacrifice made
for the common safety, and by
water which goes down a ship's
hatches opened or other opening
made for the purpose of making-
a jettison for the common safety,
shall be made good as general
average.
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).

Rule III.-Extinguish- Rule III.-Extinguishing

ing Fire on Shipboard. Fire on Shipboard.
(2.) That the damage Damage done to a ship Damage done to a ship
done to ship, cargo and and cargo, or either of and cargo, or either of
freight, in extinguish- them, by water or other- them, by water or other-
ing a fire, ought to be wise, in extinguishing a wise, in extinguishing a
allowed in general aver- fire on board the ship, fire on board the ship,
age. shall be general average. shall be general average;
except that no comupensa-
tion be made for damage
done by water to packages
which have been on fire.

Rule IV.-Cutting away Rule IV.-Cutting away

Wreck. Wreck.
(5.) That the loss sus- Loss or damage caused Loss or damage caused
tained by cutting away by cutting away the by cutting away the wreck
the wreck of masts acci- wreck or remains of spars, or remains of spars, or of
dentally broken ought or of other things which other things which have
not to be allowed in have previously been previously been carried
general average. carried away by sea-peril, away by sea-peril, shall
shall not be made good not be made good as
as general average. general average.

Rule V.-Voluntary Rule V.-Voluntary

Stranding. Stranding.
(I.) That, as a general When a ship is inten- When a ship is inten-
rule in the case of the tionally run on shore be- tionally run on shore be-
stranding of a vessel in cause she is sinking or cause she is sinking or
the course of her voyage, driving on shore or rocks, driving on shore or rocks,
the loss or damage to no damage caused to the no damage caused to the
ship, cargo, or freight, ship, the cargo and the ship, the cargo and the
ought not to be the sub- freight, or any or either freight, or any or either
ject of general average, of them, by such inten- of them, by such inten-
but without prejudice to tional running on shore, tional running on shore,
such a claim in excep- shall be made good as shall be made good as
tional cases upon clear general average. general average.
proof of special facts.
 COMPARATIVE TABLES, ETC.,
York-Antwerp Rules
(1890).
Rule III.-Extinguishing Fire on
Shipboard.
Damage done to a ship and cargo, or
either of them, by water or otherwise,
including damage by beaching or scutt-
ling a burning ship, in extinguishing a
fire on board the ship, shall be made
good as general average; except that
no compensation shall be made for
damage to such portions of the ship and
hulk cargo, or to such separate packages
of cargo, as have been on fire.
Rule IV.-Cutting away Wreck.
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 general average.
Rule V.-Voluntary Stranding.
When a ship is intentionally run on
shore, and the circumstances are such
that if that course were not adopted, she
would inevitably sink or drive on shore
or on rocks, no loss or damage caused to
the ship, cargo and freight, or any of
them by such intentional running on
shore shall be made good as general
average. But in all other cases where
a ship is intentionally run on shore for
the common safety, the consequent loss
or damage shall be allowed as general
average.
1860-1924.
York-Antwerp Rules
(1924).
Rule III.- Extinguishing Fire
on Shipboard.
Damage done to a ship and
cargo, or either of them, by water
or otherwise, including damage
by beaching or scuttling a
burning ship, in extinguishing a
fire on board the ship, shall be
made good as general average;
except that no compensation
shall be made for damage to such
portions of the ship and bulk
cargo, or to such separate pack-
ages of cargo, as have been on
fire.
Rule IV.-Cutting away Wreck.
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
general average..
Rule V.-Voluntary Stranding.
When a ship is intentionally
run on shore, and the circum-
stances are such that if that
course were not adopted she
would inevitably drive on shore
or on rocks, no loss or damage
caused to the ship, cargo and
freight or any of them by such
intentional running on shore shall
be made good as general average.
But in all other cases where a
ship is intentionally run on shore
for the common safety, the con-
sequent loss or damage shall be
allowed as general average.
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).

Rule VI.-Carrying a Rule VI.-Carrying a

Press of Sail. Press of Sail.
(7.) That the damage Damage occasioned to Damage occasioned to a
done to ship, cargo and a ship or cargo by carry- ship or cargo by carrying
freight, by carrying a ing a press of sail shall a press of sail shall not be
press of sail, ought not not be made good as made good as general
to be allowed in general general average. average.
average.
 COMPARATIVE TABLE,
York-Antwerp Rules
(1890).
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
ship off the ground or by driving her
higher up the ground, for the common
safety, shall be made good as general
average; but where a ship is afloat, no
loss or damage caused to the ship, cargo
and freight, or any of them, by carry-
ing a press of sail, shall be made good
as general average.
Rule VII.-Damage to Engines in
Refloating a Ship.
Damage caused to machinery and
boilers of a ship, which is ashore and
in a position of peril, in endeavouring
to refloat, shall be allowed in general
average, when shown to have arisen
from an actual intention to float the
ship for the common safety at the risk
of such damage.
Rule VIII.-Expenses Lightening a
Ship when Ashore, and Consequent
Damage.
When a ship is ashore and, in order
to float her, cargo, bunker coals and
ship's stores, or any of them are dis-
charged, the extra cost of lightening,
lighter hire and re-shipping (if incurred),
and the loss or damage sustained
thereby, shall be admitted as general
average.
ETC., 1860-1924.
York-Antwerp Rules
(1924).
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 ship off the ground
or by driving her higher up the
ground, for the common safety,
shall be made good as general
average; but where a ship is
atloat, no loss or damage caused
to the ship, cargo and freight, or
any of them, by carrying a press
of sail, shall be made good as
general average.
Rule VII.-Damage to Engines
in Refloating a Ship.
Damage caused to machinery
and boilers of a ship, which is
ashore and in a position of peril,
in endeavouring to refloat, shall
be allowed in general average,
when shown to have arisen from
an actual intention to float the
ship for the common safety at the
risk of such damage; but where a
ship is afloat no loss or damage
caused by working the machinery
and boilers shall be made good as
general average.
Rule VIII. - Expenses Light-
ening a Ship when Ashore,
and Consequent Damage.
Wtken a ship is ashore and cargo
and ship's fuel and stores i r any
of them are discharged as a
general average act, the extra
cost of lightening, lighter hire
and re-shipping (if incurred), and
the loss or damage sustained
thereby, shall be admitted as
general average.
 APPENDIX A.
Glasgow Resolutions York I ules
(1860). (1864).
Rule VlI.-Port of
Refuge Expenses.
(6.) That the expense When a ship shall have
of warehouse rent at a entered a port of refuge
port of refuge on cargo under such circumstances
necessarily discharged that the expenses of enter-
there, the expense of re- ing the port are admis-
shipping it, and the out- sible as general average,
ward port charges at and when she shall have
that port, ought to be sailed thence with her
allowed in general original cargo or a part
average. of it, the corresponding
expenses of leaving such
port shall likewise be so
admitted as general
average; and, whenever
the cost of discharging
cargo at such port is ad-
missible as general
average, the cost of re-
loading and stowing such
cargo on board the said
ship, together with all
storage charges on such
cargo, shall likewise be so
admitted. Except that
any portion of the cargo
left at such port of
refuge, on account of its
being unfit to be carried
forward, or on account of
the unfitness or inability
of the ship to carry it,
shall not be called on to
contribute to such general
average.
York-Antwerp Rules
(1877).
Rule VII.-Port of
Refuge Expenses.
When a ship shall have
entered a port of refuge
under such circumstances
that the expenses of enter-
ing the port are admis-
sible as general average,
and when she shall have
sailed thence with her
original cargo or a part of
it, the corresponding ex-
penses of leaving such port
shall likewise be admitted
as general average; and,
whenever the cost of dis-
charging cargo at such
port is admissible as
general average, the cost
of reloading and stowing
such cargo on board the
said ship, together with
all storage charges on
such cargo, shall likewise
be so admitted.
 COMPARATIVE TABLES, ETC.,
York-Antwerp Rules
(1890).
Rule IX.-Cargo, Ship's Materials
and Stores Burnt for Fuel.
Cargo, ship'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 general average,
when and only when an ample supply
of fuel had been provided; but the esti-
mated quantity of coals that would
have been consuned, calculated at the
price current at the ship's last port of
departure at the date of her leaving
shall be charged to the shipowner and
credited to the general average.
Rule X.-Expenses at Port of
Refuge, &c.
(a) When a ship 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 circumstances which
render that necessary for the common
safety, the expenses of entering such
port or place shall be admitted as general
average; 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, conse-
quent upon such entry or return, shall
likewise be admitted as general average.
10 (2)
1860-1924.
York-Antwerp Rules
(1924).
Rule IX.-Ship's Materials and
Stores Burnt for Fuel.
Ship'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
general average, when and only
when an ample supply of fuel had
been provided; but the estimated
quantity of fuel that would have
been consumed, calculated at the
price current at the ship's last
port of departure at the date of
her leaving, shall be credited to
the general average.
Rule X.-Expenses at Port of
Refuge, &c.
(a) When a ship shall have
entered a port or place of refuge,
or shall have returned to her port
or place of loading, in con-
sequence of accident, sacrifice
or other extraordinary circum-
stances, which render that
necessary for the common safety,
the expenses of entering such
port or place shall be admitted
as general average; 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 con-
sequent upon such entry or
return shall likewise be admitted
as general average.
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).

(See Resolution No. 6, (See:Rule VII., quoted (See Rule VII., quoted
quoted above.) above.) above.)
 COMPARATIVE TABLES, ETC.,
York-Antwerp Rules
(1890).
Rule X. (b).-The cost of discharging
cargo from a ship, whether at a port or
place of loading, call or refuge, shall be
admitted as general average, when the
discharge was necessary for the common
safety or to enable damage to the ship,
caused by sacrifice or accident during
the voyage, to be repaired, if the repairs
were necessary for the safe prosecution
of the voyage.
Rule X. (c).-Whenever the cost of
discharging cargo from a ship is ad-
missible as general average, the cost of
reloading and storing such cargo on
board the said ship, together with all
storage charges on such cargo, shall
likewise be so admitted. But when the
ship is condemned or does not proceed
on her original voyage, no storage
expenses incurred after the date of the
ship's condemnation or of the abandon-
ment of the voyage shall be admitted as
general average.
Rule X. (d).-If a ship under average
be in a port or place at which it is prac-
ticable 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 transhipped
1860-1924.
York-Antwerp Rules
(1924).
Rule X. (b).-The cost of hand-
ling on board or discharging
cargo, fuel or stores, whether at
a port or place of loading, call or
refuge, shall be admitted as
general average when the hand-
ling or discharge was necessary
for the common safety or to
enable damage to the ship caused
by sacrifice or accident to be
repaired, if the repairs were
necessary for the safe prosecution
of the voyage.
Rule X. (c).-Whenever the cost
of handling or discharging cargo,
fuel or stores is admissible as
general average, the cost of
reloading and stowing such cargo,
fuel or stores on board the ship,
together with all storage charges
(including fire insurance, if in-
curred) on such cargo, fuel or
stores, shall likewise be so ad-
mitted. But when the ship is
condemned or does not proceed on
her original voyage, no storage
expenses incurred after the date
of the ship's condemnation or of
the abandonment of the voyage
shall be admitted as general
average. In the event of the con-
demnation of the ship or the
abandonment of the voyage
before completion of discharge of
cargo, storage expenses, as above,
shall be admitted as general
average up to date of completion
of discharge.
Rule X. (d).-If a ship 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
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).

Rule VIII.-Wages and Rule VIII.-Wages and

Maintenance of Crew Maintenance of Crew
in Port of Refuge. in Port of Refuge.
(8.) That the wages When a ship shall have When a ship shall have
and provisions for the entered a port of refuge entered a port of refuge
ship's crew ought to be under the circumstances under the circumstances
allowed to the shipowner defined in Rule VII., the defined in Rule VII., the
in general average, from wages and cost of main- wages and cost of main-
the (late the ship reaches tenance of the master and tenance of the master and
a port of refuge in dis- mariners, from the time mariners, from the time
tress until the date on of entering such port of entering such port until
whi h she leaves it. until the ship shall have the ship shall have been
been made ready to pro- made ready to proceed
ceed upon her voyage, upon her voyage, shall be
shall be made good as made good as general
general average. Except average.
that any portion of the
cargo left at such port of
refuge on account of its
being unfit to be carried
forward, or on account of
the unfitness or inability
of the ship to carry it,
shall not be called on to
contribute to such general
average.
 COMPARATIVE TABLES, ETC.,
York-Antwerp Rules
(1890).
Rule X. (d)-continued.
by another ship, or otherwise forwarded,
then the extra cost of such towage,
transhipment, 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 pro-
portion to the extraordinary expense
saved.
Rule XI.-Wages and Maintenance of
Crew in Port of Refuge, &c.
When a ship shall have entered or
been detained in any port or place under
the circumstances, 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 ship shall or should
have been made ready to proceed upon
her voyage, shall be admitted as general
average. But when the ship is con-
demned or does not proceed on her
original voyage, the wages and main-
tenance of the master, officers and crew,
incurred after the date of the ship's
condemnation or of the abandonment of
the voyage, shall not be admitted as
general average.
1860-1924.
York-Antwerp Rules
(1924).
is towed thence to some other
port or place of repair or to her
destination, or the cargo or a
portion of it is transhipped by
another ship, or otherwise for-
warded, then the extra cost of
such towage, transhipment and
forwarding, or any of them (up
to the amount of the extra ex-
pense saved) shall be payable by
the several parties to the adven-
ture in proportion to the extra-
ordinary expense saved.
Rule XI.-Wages and Main-
tenance of Crew in Port of
Refuge, &c.
When a ship shall have entered
or been detained in any port or
place under the circumstances,
or for the purposes of 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 deten-
tion in such port or place until
the ship shall or should have
been made ready to proceed upon
her voyage, shall be admitted as
general average. But when the
ship is condemned or does not
proceed on her original voyage,
the wages and maintenance of
the master, officers and crew, in-
curred atter the date of the ship's
condemnation or of the abandon-
ment of the voyage, shall not be
admitted as general average. In
the event of the condemnation of
the ship or the abandonment
of the voyage before completion
of discharge of cargo, wages and
maintenance of crew, as above,
shall be admitted as general
average up to the date of com-
pletion of discharge.
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).

Rule IX.-Damage to Rule IX.-Damage to

Cargo in Discharging. Cargo in Discharging.
(4.) That the damage Damage done to cargo Damage done to cargo
done to cargo, and the by discharging it at a by discharging it at a
loss of it, and of the port of refuge shall not port of refuge shall not
freight on it, resulting be admissible as general be admissible as general
from discharging it at a average in case such average in case such
port of refuge in the cargo shall have been cargo shall have been dis-
way usual in that port discharged at the place charged at the place and
with ships not in dis- and in the manner cus- in the manner customary
tress, ought not to be tomary at that port with at that port with ships not
allowed in general aver- ships not in distress. in distress.
age.
 COMPARATIVE TABLES) ETC.,
York-Antwerp Rules
(1l9).
Rule XII.-Damage to Cargo in
Discharging, &c.
Damage done to or loss of cargo
necessarily caused in the act of dis-
charging, storing, reloading and stow-
ing, shall be made good as general
average when and only when the cost of
those measures respectively is admitted
as general average.
Rule X[II.-Deductions from Cost
of Repairs.
In adjusting claims for general aver-
age, repairs to be allowed in general
average shall be subject to the following
deductions in respect of " new for old,"
viz.:
In the case of iron or steel ships, from
date of original register to the date of
accident:
All repairs to be allowed
Up to
in full, except painting or
1 year
coating of bottom, from
old which one-third is to be de-
(A). ducted.
One-third to be deducted
off repairs to and renewal of
woodwork of hull, masts and
spars, furniture, upholstery,
crockery, metal and glass-
ware, 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 connec-
tions, steam cranes and con:
nections; other repairs in
full.
1860-1924.
York-Antwerp Rules
(1924).
Rule XII.-Damage to Cargo in
Discharging, &c.
Damage to or loss of cargo, fuel
or stores caused in the act of
handling, discharging, storing,
reloading and stowing shall be
made good as general average,
when and only when the cost of
those measures respectively is
admitted as general average.
Rule XIII.-Deductions from
Cost of Repairs.
In adjusting claims for general
average, repairs to be allowed in
general average shall be subject
to the following deductions in
respect of "new for old," viz.:
In the case of iron or steel ships,
from date of original register to
the date of accident:
All repairs to be al-
lowed in full, except
Up to
1 year painting or coating of
old bottom, from which
(A). one-third is to be de-
ducted.
One-third to be de-
ducted off repairs to
and renewals of wood-
work of hull, masts
and spars, furniture,
upholstery, crockery,
metal and glass-ware,
Between also sails, rigging,
1years
arnd 3 ropes,(tesheets and haw-
(B). sers (other than wire
and chain), awnings,
covers and painting.
One-sixth to be de-
ducted off wire rigg-
ing, wire ropes and
wire hawsers, wireless
apparatus, chain ca-
104 APPENDIX A.

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(1860). (1864). (1877).
 COMPARATIVE TAIBLES, ETC.,
York-Antwerp Rules
(1890).
Rule XIII.-continued.
Deductions as above under
Between Clause B, except that one-
3 and 6 sixth be deducted off iron-
years work of masts and spars,
(C). and machinery (inclusive of
boilers and their mountings).
Deductions as above under
I
Clause C, except that one-
Bthird be deducted off iron-
Between work of masts and spars,
6 and 10 repairs to and renewal of all
(D machinery (inclusive of
year boilers and their mountings),
and all hawsers, ropes, sheets
and rigging.
One-third to be deducted
Between (off all repairs and renewals,
10and 1 except ironwork of hull and
1er cementing and chain cables,
years |from which one-sixth to be
(E). deducted. Anchors to be
allowed in full.
1860-1924.
York-Antwerp Rules
(1924).
Rule XIII.-contimed.
bles and chains, insula-
tion, donkey engines,
steam steering gear
Between and connections, steam
1 and 3 winches and connec-
y(e)rs tions, steam cranes
and connections and
electrical machinery;
other repairs in full.
Deductions as above
under Clause B, except
that one-third be de-
Between ducted off insulation,
3 and 6 and one-sixth be de-
years ducted off ironwork of
(C). masts and spars, and
all machinery (inclu-
sive of boilers and their
mountings).
Deductions as above
under Clause C, except
that one-third be de-
ducted off ironwork of
masts and spars, don-
key engines, steam
Between steering gear, winches,
6 and 10.) cranes and connec-
years
(D). tions, repairs to and re-
newal of all machinery
(inclusive of boilers
and their mountings),
wireless apparatus and
all hawsers, ropes,
sheets and rigging.
One-third to be de-
ducted off all repairs
and renewals except
Between ironwork of hull and
10 and 15 cementing and chain
years
(E). cables, from which
one-sixth to be de-
ducted. Anchors to
be allowed in full.
156 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES) ETC.,
York-Antwerp Rules
(1890).
Rule XIII.-continued.
( One-third to be deducted
Over off all repairs and renewals.
16 years Anchors to be allowed in full.
(F). One-sixth to be deducted off
chain cables.
The deductions (except as
to provisions and stores, ma-
chinery and boilers) to be
regulated by the age of the
ship, and not the age of the
particular part of her to
which they apply. No paint-
Gene- ing bottom to be allowed if
rally the bottom hassixnotmonths
painted been
(G). previous within
to the date of acci-
dent. 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.
In the case of wooden or composite
ships:
When a ship is under one year old
from date of original register, at the
time of accident, no deduction new for
old shall he 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 de-
duction 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 pro-
1860-1924.
York-Antwerp Rules
(1924).
Rule XIII.-contiued.
One-third to be de-
ducted off all repairs
Over and renewals. Anchors
15 ears to be allowed in full.
(F). jOne-sixth to be de-
ducted off chain ca-
bles.
The deductions (ex-
cept as to provisions
and stores, insulation,
wireless apparatus,
machinery and boilers)
to be regulated by the
age of the ship, and
not the age of the par-
ticular part of her to
which they apply. No
painting bottom to be
Gene-
rally allowed if the bottom
(G).
has not been painted
within six months pre-
vious to the date of
the accident. No de-
duction to be made in
respect of old material
which is repaired with-
out being replaced by
new, and provisions,
stores and gear which
xhave not been in use.
In the case of wooden or com-
posite ships:
When a ship is under one year
old from date of original register,
at the time of accident, no deduc-
tion 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.
166 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES2 ETC.,
York-Antwerp Rules
(1890).
Rule XIII.-ontinued.
ceeds of the old metal. Nails, felt, and
labour metalling are subject to a deduc-
tion of one-third.
In the case of ships generally:
In the case of all ships, the expense
of straightening bent ironwork, includ-
ing 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 XIY.-Temporary Repairs.
No deductions "new for old" shall
be made from the cost of temporary
repairs of damage allowable as general
average.
1860-1924.
York-Antwerp Rules
(1924).
Rule XIII. - continued.
Metal sheathing shall be dealt
with, by allowing in full the
cost of a weight equal to the
grois 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.
When a ship is fitted with pro-
pelling, refrigerating, electrical
or other machinery, or with in-
sulation, or with wireless appara-
tus, repairs to such machinery,
insulation or wireless apparatus
to be subject to the same deduc-
tions as in the case of iron or steel
ships.
In the case of ships generally :
In the case of all ships, the ex-
pense of straightening bent iron-
work, including labour of taking
out and replacing it, shall be
allowed in full.
Graving dock dues, including
expenses of removals, cartage,
use of shears, stages, and graving
dock materials, shall be allowed
in full.
Rule XIV.-Temporary Repairs.
Where temporary repairs are
effected to a ship at a port of
loading, call or refuge, for the
common safety, or of damage
caused by general average sacri-
fice, the cost of such repairs shall
be admitted as general average;
but where temporary repairs of
accidental damage are effected
merely to enable the adventure
to be completed, the cost of such
repairs shall be admitted as
general average only up to the
saving in expense which would
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).

Rule XI.-Loss of Rule XI.-Loss.of

Freight..-b "tz
In every case in which
a sacrifice of cargo is
made good as general
average, the loss of
freight, if any, which is
caused by such loss of
cargo, shall likewise be
so made good.
Freight.
In every case in which
a sacrifice of cargo is
made good as general
average, the loss of
freight, if any, which is
caused by such loss of
cargo shall likewise be so
made good.

Rule XII.-Amount to be
made good for Cargo.

The value to be allowed

for goods sacrificed shall
be that value which the
owner would have received
if such goods had not been
sacrificed.
 COMPARATIVE TABLES, ETC.
York-Antwerp Rules
(1890).
Rule XV.-Loss of Freight.
Loss of freight arising from damage
to or loss of cargo shall be made good
as general average, either when caused
by a general axerage act, or when the
damage to or loss of cargo is so made
good.
Rule XVI.-Amount to be made good
for Cargo Lost or Damaged by
Sacrifice.
The amount to be made good as
general average for damage or loss of
goods sacrificed shall be the loss which
the owner of the goods has sustained
thereby, based on the market values at
the date of the arrival of the vessel or
at the termination of the adventure.
1860-1924. l(
York-Antwerp Rules
(1924).
Rule XIV.-ontinued.
have been incurred and allowed
in general average had such re-
pairs not been effected there.
No deductions "new for old"
shall be made from the cost of
temporary repairs allowable as
general average.
Rule XV.-Loss of Freight.
Loss of freight arising from
damage to or loss of cargo shall
be made good as general average,
either when caused by a general
average act, or when the damage
to or loss of cargo is so made
good.
Deduction shall be made from
the amount of gross freight lost,
of the charges which the owner
thereof would have incurred to
earn such freight, but has, in
consequence of the sacrifice, not
incurred.
Rule XVI.-Amount to be made
good for Cargo Lost or
Damaged by Sacrifice.
The amount to be made good
as general average for damage
to or loss of goods sacrificed shall
be the loss which the owner of
the goods has sustained thereby,
based on the market values at the
date of the arrival of the vessel
or at the termination of the
adventure where this ends at a
place other than the original
destination.
Where goods so damaged are
sold after arrival, the loss to be
made good in general average
shall be calculated by applying
to the sound value on the date of
arrival of the vessel the per-
centage of loss resulting from a
comparison of the proceeds with
the sound value on date of sale.

Glasgow Resolutions
(1860).
(9.) That when the
amount of expenses is
less than the value of
the pi-operty finally
saved, the contributing
values of ship, freight,
and cargo, ought to be
their values to the
owners of them respec-
tively, at the termina-
tion of the adventure.
(10.) That, when the
amount of expenses is
greater than the value of
the property saved, the
proceeds of the property
so saved ought to be
applied towards those
expenses, and the excess
of the expenses over the
proceeds ought to be ap-
p,,rtioned as if the whole
property 'had finally
reached its destination.
(11.) That, in fixing
the value of the freight,
the wages and port
charges up to the date of
the general average act
ought not to be deducted,
and the wages and port
charges after that date
ought to be deducted
from the gross freight at
the risk of the shipowner.
APPENDIX A.
York Rules
(1864).
Rule X.-C ,utributory
Values.
The contributions to a
general average shall be
made upon the actual
values of the property at
the termination of the
adventure, to which shall
be added the amount
made good as general
aver ,ge for property
sacrificed ; deduction
being made from the
shipowner's freight and
passage-money at risk of
two-fifths of such freight,
in lieu of crew's wages,
port charges, and all
other deductions ; deduc-
tion being also made from
the value of the property
of all charges incurred in
respect thereof subse-
quently to the arising of
the claim to general
average.
York-Antwerp Rules
(1877).
Rule X.-Contributory
Values.
The contribution to a
general average shall be
made upon the actual
values o the property at
the termination of the
adventure, to which shall
be added the amount made
good as general average
for property sacrificed; de-
du-tion being made from
the shipowner's freight
and passage-money at
risk, of such port charges
and crew's wages as
would not have been in-
curred had the ship and
cargo been totally lost at
the date of the general
average act or sacrifice;
deducti,,n being also
made from the value
of the property of all
charges incurred in re-
spect thereof subsequently
to the arising of the claim
to general average.
 COMPARATIVE TABLES, ETC.,
York-Antwerp Rules
(1890).
Rule XVII.-Contributory
Values.
The contribution to a general average
shall be made upon the actual values of
the property at the termination of the
adventure, to which shall be added the
amount made good as general average
for property sacrificed; deduction being
made from the shipowner's freight and
passage-money at risk, of such port
charges and crew's wages as would not
have been incurred had the ship and
cargo been totally lost at the date of the
general average act or sacrifice, and
have not been allowed as general aver-
age; deduction being also made from
the value of the property of all charges
incurred in respect thereof subsequently
to the general average act, except sueh
charges as are allowed in general
average.
Passengers' luggage and personal
effects, not shipped under bill of lading,
shall not contribute to general average.
Rule XVIII.-Adjustment.
Except as provided in the foregoing
rules, the adjustment shall be drawn up
in accordance with the law and practice
that would have governed the adjust-
ment had the contract of affreightment
not contained a clause to pay general
-average according to these rules.
11 (2)
1860-1924.
York-Antwerp Rules
(1924).
Rule XVII.-Contributory
Values.
The contribution to a general
average shall be made upon the
actual net values of the property
at the termination of the
adventure, to which values shall
be added the amount made good
as general average for property
sacrificed, if not already included,
deduction being made from the
shipowner's freight and passage-
money at risk, of such charges
and crew's wages as would not
have been incurred in earning the
freight had the ship and cargo
been totally lost at the date of
the general average act and have
not been allowed as general
average; deduction being also
made from the value of the pro-
perty of all charges incurred in
respect thereof subsequently to
the general average act, except
such charges as are allowed in
general average.
Passengers' luggage and per-
sonal effects not shipped under
bill of lading shall not contribute
in general average.
No corresponding rule.
Rule XVIII.-Damage to Ship.
The amount to be allowed as
general average for damage or
loss to the ship, her machinery
and/or gear when repaired or
replaced shall be the actual rea-
164 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES, ETC., 1860-1924.

York-Antwerp Rules York-Antwerp Rules

(1890). (1924).

Rule XVIII.- continued.

sonable cost of repairing or re-
placing such damage or loss, de-
ductions being made as above
(Rule XIII.) when old material is
replaced by new. When not re-
paired, the reasonable deprecia-
tion shall be allowed, not exceed-
ing the estimated cost of repairs.
Where there is an actual or
constructive total loss of the ship
the amount to be allowed as
general average for damage or
loss to the ship caused by a
general average act shall be the
estimated sound value of the ship
after deducting therefrom the
estimated cost of repairing dam-
age which is not general average
and the proceeds of sale, if any.

Rule XIX.-Undeclared or
Wrongfully Declared Cargo.
Damage or loss caused to goods
loaded without the knowledge of
the shipowner or his agent or to
goods wilfully misdescribed at
time of shipment shall not be
allowed as general average, but
such goods shall remain liable to
contribute, if saved.
Damage or loss caused to goods
which have been wrongfully de-
clared on shipment at a value
which is lower than their real
value shall be contributed for at
the declared value, but such
goods shall contribute upon their
actual value.

Rule XX.-Expenses Bearing up

for Port, etc.
Fuel and stores consumed, and
wages and maintenance of mas-
ter, officers and crew incurred,
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES, ETC., 1860-1924.

York-Antwerp Rules 1'ork-Antwerp Rules

(1890). (1924).

Rule XX.-cotinued.
during the prolongation of the
voyage occasioned by a ship
entering a port or place of refuge
or returning to her port or place
of loading shall be admitted as
general average when the ex-
penses of entering such port or
place are allowable in general
average in accordance with Rule
X. (a).
Fuel and stores consumed during
extra detention in a port or place
of loading, call or refuge shall also
be allowed in general average
for the period during which w ages
and maintenance of master, offi-
cers and crew are allowed in terms
of Rule X1., except such fuel and
stores as are consumed in effect ng
repairs not allowable in general
average.

Rule XXI.-Provision of Funds.

A commission of 2 per cent. on
general aveiage disoursements
shall be allowed in general aver-
age, but when the funds are not
pruvided by any of the contri-
buting interests, the necessary
co--t of obtaining the funds re-
quired by means of a bottomry
bond or otherwise, or the loss
sustained by owners of goods sold
for the purpose, shall be allowed
in general average.
The cost of insuring money
advanced to pay for general aver-
age disbursements shall also be
allowed in general average.

Rule XXII.-Interest on Losses

made good in General Average.
Interest shall be allowed on
expenditure, sacrifices and allow-
 APPENDIX A.

Glasgow Resolutions York Rules York-Antwerp Rules

(1860). (1864). (1877).
 COMPARATIVE TABLES, ETC., 1860-1924.

York-Antwerp Rules York-Antwerp Rules

(1890). (1924).

Rule XXII.-continued.
ances charged to general average
at the legal rate per annum pre-
vailing at the final port of des-
tination at which the adventure
ends, or where there is no
recognised legal rate, at the rate
of 5 per cent. per annum, until
the date of the general average
statement, due allowance being
made for any interim reimburse-
ment from the contributory
interests or from the general
average deposit fund.

Rule XXIII.- Treatment of Cash

Deposits.
Where cash deposits have been
collected in respect of cargo's lia-
bility for general average, salvage
or special charges, such deposits
shall be paid into a special
account, earning interest where
possible, in the joint names of
two trustees (one to be nominated
on behalf of the shipowner and
the other on behalf of the de-
positors) in a bank to be approved
by such trustees. The sum so
deposited, together with accrued
interest, if any, shall be held as
security for and upon trust for
payment to the parties entitled
thereto of the general average,
salvage or special charges pay-
able by the cargo in respect of
which the deposits have been
collected. The trustees shall
have power to make payments on
account or refunds of deposits
which may be certified to in writ-
ing by the average adjuster. Such
deposits and payments or refunds
shall be without prejudice to the
ultimate liability of the parties.