while acting in such capacity, to do all that is requisite for the protection of the property, without unnecessary delay, performing such duties in behalf and for the benefit of all concerned. He must be actuated in all his proceedings by a strict regard to impartiality, and if possible, without" refer ence to the particular and conflicting interests of different parties." If the property be exposed to danger, his primary efforts must be to protect it from such exposure, in the most speedy and effectual mode, and at the least possible expense. In case of shipwreck, he should make the most economical arrangement that the nature of the case will admit, to save as much property as can be saved, and to forward it to the consignees by other vessels, when the ship cannot be repaired, provided it can be done without any unreasonable expense; but if the expense of forwarding the goods to their destination would be very great, so as to exceed their value, or so great a proportion of the value, as to render it manifestly for the interest of the proprietors to sell them, they should be sold. This, however, is an exercise of authority which requires the utmost circumspection, and when there exists any reasonable doubt of the expediency and necessity of a sale, the goods should be forwarded. In all cases of doubt, it is advisable that the master should consult with discreet and honest men, as opportunity may present, before he decides on the course to be pursued; and having obtained the best information and advice, it rests with him to decide upon the course to be pursued, in the exercise of a sound discretion, and in behalf of all parties interested. It is however to be always kept in mind that he is not bound to follow the counsel of any person whose advice he may ask, unless it be a person having some authority over the property. When circumstances will admit and no injury is likely to result from delay, the owner or consignee should undoubtedly be consulted, before any important measures are taken, further than to provide for the present security of the property; and in all cases the agent should communicate to the owners, consignees and others likely, to be interested, the situation of the vessel or property, as fully as he is able, with the least possible delay. When the port of necessity hap pens to be a foreign one, or the stranding happens on a foreign shore, the master will be governed by the laws and customs of such place. In all cases where damage to the vessel or cargo are known or even apprehended, it is neces sary that surveyors should be legally called upon to examine the state and condition of the same, this duty is generally porformed by Port Wardens, when only the cargo is to be surveyed, but when the inquiry or examination is to extend to the vessel, it is requisite that one or more ship carpenters should compose a part of the survey. Ifa vessel ot her cargo has suffered more or less damage, it would not be safe for the master or agent to proceed to repair the damage or effect a sale in whole or in part, without such previous consultation. Surveyors have no authority to instruct or direct the master to sell a stranded vessel or goods that are damaged. No man can be compelled to sell his property against his own inclination, nor has any Legislature or Government a right to give Port Wardens or Surveyors power to dispossess a man of his property, nor to control him in the disposal of it, merely because he has been so unfortunate as to suffer shipwreck, except so far as may be necessary for the prevention of fraud upon the Revenue, or where articles in a perishing state are likely to endanger the health of a community. In this latter case the right of self-preservation will give the local authorities of the place the power to interfere to avert such a calamity, by causing a proper disposition of the damaged articles. In every other case, the owner or the master, his agent or representative being lawfully in possession of the property, have the whole power and control over the vessel and cargo, as perfectly after the shipwreck as before, and it is only when they request Port Wardens or Surveyors to interfere that the latter have any right so to do. There are cases where a master ought to disregard the opinions of a survey, notwithstanding the responsibility, as if they should pronounce sentence of condemnation on a vessel that ought to be repaired, that they or their friends might become the purchasers, in a place where there would be little, if any, competition, or where they should order a vessel to be repaired, which clearly ought to be condemned, being influenced thereto by similar motives, and generally in all cases where the surveyors, acting under the influence of corrupt intention, advise to what is clearly contrary to the true interests of the owners of vessel and cargo. Cables carried on the deck of a vessel are at the risk of the owner.* "The ship's furniture cut and thrown over *In particular cases it is otherwise. board, must have been kept at their proper places to entitle the owner to restitution." The master of a vessel cannot become a purchaser at a sale of the property which is sold by his authority, as agent of the owners. Ship masters seem to have imbibed an opinion, that the free use of the knife or the axe is necessary to charge the underwriters with the loss, for which they would otherwise not be liable. It often occurs, as appears by the protests, that sails, having been split, are cut from the yards, and the reason alleged is that they could not get them in. This may sometimes be the case, but even then the act of cutting them away does not change what was wear and tear, to either a partial, or General Average loss. And it very often happens, that masts or topmasts are broken and hanging over the side, attached to the rigging, by which the hull of the vessel is greatly exposed to injury, the mere use of the axe or the knife cannot change this which is a partial loss, to a General Average, for the loss has already accrued, and the situation in which these articles are placed by the breaking of the masts, renders them of no value whatever. It is the duty of the master to make every effort, consistent with the safety of the vessel and crew, to save as much of the wreck as he can, and although the preservation of the vessel in a storm may require that such dangerous appertenances should be got rid of speedily, it may happen that the weather may be so favourable, that they may be in part preserved, and such successful exertions will merit the approbation of insurers, and entitle the master to their favourable consideration. It is the duty of the master at all times to act in reference to the interests committed to his charge, with perfect integrity and impartiality. He should not inquire whether the property is, or is not insured. There is but one course for him to pursue, and that is an honest one, a regard to his own interest it is supposed will lead him to ascertain its lawfulness. The master should on entering a port whether he knows or apprehends that his vessel or her cargo has sustained injury, note a protest before the proper authorities of such port or place, And as it has been before noticed, should apply for a survey before opening the hatches, for if goods are landed and stored, and subsequently ascertained to be damaged, it may be difficult to trace such damage to the voyage of importation, and it is questionable at least, whether the under writers would be held to pay for such damage, the legal and customary measures on arrival, and before discharging, having been omitted. AVERAGE. In computing a general average for masts, rigging, &c. cut away, a deduction is made of one third, from the cost of replacing them, as the new articles are supposed to be so much better than the old; but goods thrown overboard are valued at the sum they would have brought, had they arrived. But it is necessary to remark that before proportioning the loss, each of the interests, viz. the cargo, the ship, and the freight, after the value is ascertained, must be cleared of all charge attached to it. GENERAL RULE. As the whole value, subject to contribution, is to the whole loss, so is each person's share of that value, to his proportional average of the loss, or so is $100, or £100, to the average loss per cent. 1. What should the following be valued at, in calculating an average, viz. 30 tons old sable iron 60 pieces sail cloth . 109 99 ravens' duck. sheeting 10 99 Freight of the iron ditto sail cloth, &c. وو $105,00 per ton. وو Cost of sail cloth ravens' duck 1335,25 Ans. Net value $4985,47 2. A ship in her passage from Amsterdam to having received much damage in a gale, bore away for Ireland, where she arrived on the 5th October; and having received the necessary repairs, was ready for sea on the 23d December. Allowing $377 per month for the wages of the captain and crew, and 33 cents each per day for 14 men, What did the whole amount to, in calculating the average. 3. In consequence of damage at sea, and expenses thereby incurred, the ship Massachusetts, freight and cargo deliv ered, amounting in the whole to $75240, have to make good $7561,62. What is the average loss per cent.? If 75240 7561,62 :: 100 Or, 75240 7561,62 :: 1 dol. Ans. 10,05 per cent. or, 10,05 cts. per dollar. 4. It is required to know how much is to be charged to each of the following, interested in the preceding statement, viz. Ship valued at $6586,00 at $10,05 percent. Freight. A's goods B's 99 $661,89 4420,14 444,22 |