Appendix E. Allowance for Water in Cut Tobacco (Custom of Lloyd's, 1876). When damaged tobacco is cut off, the allowance for water in the cuttings is one-fourth. Allowance for Water in Wool (Custom of Lloyd's, 1876). Damaged wool from Australia, New Zealand, and the Cape is subject to a deduction of 3 per cent. for wet, if the actual increase cannot be ascertained. Franchise Charges (Custom of Lloyd's, 1876). The expenses of protest, survey, and other proofs of loss, including the commission or other expenses of a sale by auction, are not admitted to make up the percentage of a claim; and are only paid by the underwriters in case the loss amounts to a claim without them. Extra Charges (Custom of Lloyd's, 1876). Extra charges payable by underwriters, when incurred at the port of destination, are recovered in full; but when charges of the same nature are incurred at an intermediate port they are subjected to the same treatment, in respect of insured and contributory values, as general average charges. Adjustment of Return of Premium (Custom of Lloyd's, 1876). When the words "and arrival" follow the stipulation for a return of premium on a policy on goods, the particular average, but not the special charges, is deducted from the amount insured to arrive at the amount on which the return is taken. PROBATIONARY ORDER. [The following probationary order, superseding the rule as to dry dock expenses (ante, p. 1536), was carried at the general meeting in 1901, and is subject to confirmation in 1902.] DRY DOCK EXPENSES. That where repairs on owner's account which are immediately necessary and which can only be effected in dry dock are executed concurrently with other repairs, for the cost of which the underwriters are liable, and which also can only be effected in dry dock, the cost of entering and leaving the dry dock, in addition to so much of the dock dues as is common to both repairs, shall be divided equally between the shipowner and the underwriters. INDEX. ABANDONMENT, general doctrine of, 1044. consequences of not abandoning, 1044. notice of abandonment, what it is, 1091. abandonment, as distinct from notice of abandonment, applies to all distinction between abandonment and notice of abandonment, 1045, underwriter, in all cases of total loss, entitled to salvage, 1214. unless he settles for less than a total loss, 1210. difference between abandonment and subrogation, 1225. may give underwriters more than an indemnity, 1228. utility of the doctrine, 1183. meaning of "constructive total loss," 1043, 1044, 1183. notice of abandonment necessary in all cases of constructive total loss, unnecessary except for this purpose, 1184. assured may always elect to treat loss as partial, 1033, 1092, 1184, 1223. and in cases of partial loss inoperative, 1184. abandonment must extend to the whole interest of the assured as far as it where policy is on "ship and cargo "indiscriminately, neither can be aliter, where valuation is distinct on each, 1185. no abandonment of part, where one gross sum insured on a general aliter, where a distinct sum is insured on each kind, 1185. effect of separate valuations, and separate packages, 1186. [And see under ABSOLUTE TOTAL LOSS OF PART CARGO.] abandonment only operates up to the extent of the insurance, 1187. only extends to property at risk at time of loss, 1187. every abandonment must be absolute and unconditional, 1188. who can abandon? 1188. mortgagor of ship, consignee of goods, 1188. form of notice of abandonment. [See NOTICE OF ABANDONMENT.] time for giving notice of abandonment. [See NOTICE OF ABANDONMENT.] result where some underwriters accept, and others reject, notice of no formal transfer necessary to complete abandonment, 1190. what constitutes an acceptance, 1199. mere silence does not amount to acceptance, 1200, 1201. acceptance may be inferred from acts, 1200. if notice not accepted, assured may withdraw, 1202. withdrawal not usually inferred from acts of master, 1202. or of assured, unless unequivocal acts of ownership, 1203. abandonment not indefeasible in this country until action brought, 1204. underwriters cannot, by repairing ship, defeat notice of abandonment, [The references are to the Sections.] ABANDONMENT-continued. abandonment transfers the salvage from the moment of the casualty, 1205. if such freight would, but for the abandonment, have been receivable and was being actually earned at the time of the casualty, 1177, 1208. underwriters entitled to benefits acquired in substitution for the thing underwriters can only sue in assured's name, 1209. underwriter's right to salvage may be lost by settling for less than a liabilities of ownership thrown upon underwriter by abandonment, 1211.. does abandonee of goods take subject to shipowner's lien for freight? 1211. abandonment releases owners from liabilities, 1212. may underwriters disclaim abandoned property? 1213. general rule as to distribution of the salvage amongst the different under- in cases of double or over insurance, 1215. or where the whole interest is not covered, 1215. mode of apportioning the salvage among policies on different subjects, as between underwriters and lenders on bottomry, 1217. duty of master in case of abandonment, 1218. master is the agent of those ultimately entitled, 1218. repurchase of ship or cargo by master, in cases of abandonment, 1219. the underwriters may accept, or repudiate, the acts of the master, 1220. ABSOLUTE TOTAL LOSS, what it is, 1043. distinction between absolute and constructive, 1044. criterion and principle of absolute total loss, 1045. no notice of abandonment requisite, 1045. but underwriters take the salvage, 1045. two classes of cases of absolute total loss, annihilation and deprivation, 1046. annihilation in case of perishable goods, 1047. deprivation includes foundering at sea, 1048. not mere submersion, 1048. privation of spes recuperandi, 1049. goods plundered by wreckers, 1049. seizure and confiscation of goods, 1049, 1050. unless finally restored, 1050, 1051. if restored before action brought, only a constructive total loss, 1051. or, where thing insured subsists in specie, and there is a chance of its aliter, where there is no such chance, 1052. assured may waive his right to recover for a total loss, 1052, 1064. so underwriter may waive his right to notice of abandonment, 1052. 1. Absolute total loss of ship in cases of wreck or irreparability followed where ship wrecked in pieces, 1053. where reduced to a mere congeries of planks, and sold where she [The references are to the Sections.] ABSOLUTE TOTAL LOSS-continued. 1. Absolute total loss of ship, &c.-continued. though not a complete wreck, 1055. effect of sale only to turn a constructive into an absolute total loss, how far must sale be necessary, as well as bonâ fide, 1055-1058. ship arriving a wreck at her port of destination is an absolute total 2. Absolute total loss on sea-damaged goods thrown away or sold in the perishable goods necessarily sold or destroyed during voyage, 1066. annihilation by putrefaction, 1069. absolute total loss where goods sold in specie at intermediate port, if but their total destruction, if not actual, must be inevitable, 1072, 1073. but, to arrive in specie, they must be merchantable, 1076. foreign views, 1077, 1078. if the goods do not arrive in specie, clearly a total loss, 1079-1081. 4. Absolute total loss of part of cargo, adjustment on total loss of part, 1018. where also a particular average loss on part, 1018. three modes of insuring memorandum articles, 1082. no total loss of part, where cargo both shipped and insured in bulk, nor where cargo shipped in separate packages but not separately but there may be a total loss on separate packages separately insured, fourth case where general insurance on articles distinct in kind, 1018, [And see under ABANDONMENT, 1185, 1186.] 5. Absolute total loss of freight, general principles as to, 1087. may depend on nature of contract of affreightment, 1087. foundering of ship with or without loss of cargo, 1088. of general ship, when only part of cargo is on board, but all contracted absolute total loss of part of freight, by loss of part of cargo, 1089. seizure and sale of outward cargo an absolute total loss on outward but not on homeward freight if ship ultimately arrives earning freight, where insurance is on entire freight for round voyage, loss of ship on no notice of abandonment required under a policy on profits or com- 6. Of constructive total losses. [See CONSTRUCTIVE TOTAL LOSS.] [The references are to the Sections.] ACKNOWLEDGMENT IN POLICY OF RECEIPT OF PREMIUM, ACTUAL TOTAL LOSS. [See ABSOLUTE TOTAL Loss.] ADJUSTMENT OF GENERAL AVERAGE, principle of, 974. suggested difference in adjusting sacrifices and expenditures, 974. reasons for adopting a different method in case of expenditures, 976. criticism of present practice, 977. should goods sold be contributed for as sacrifices or expenditures? 978. rule of adjustment where ship perishes at the time, but goods are wholly or where ship is saved at the time, but subsequently perishes, 980. mode of estimating the amount of loss for the purposes of adjustment, of damage occasioned by jettison, 981. where goods jettisoned have been recovered before adjustment, 981. of freight sacrificed, 982. of part of ship sacrificed, 982. of goods sold generally, 982. of loss by raising money on credit, 982. mode of estimating the value of property saved for the purposes of general should there be a different rule in cases of expenditures and sacrifices, 983. practice of adjusters, 983. contributory value of ship, difficulty in fixing a practical rule, 984. in a valued policy, 339, 1006. contributory value of freight, only freight pending at time of sacrifice contributes, 985, 986. cargo belonging to shipowner, 986. entire freight for round voyage, 986. liability of chartered freight to contribute, 987. ulterior chartered freight, 988. only the net freight contributes, 989. contributory value of goods, their net value at time and place of adjustment, 990. port of destination generally the port of adjustment, 990, 992. example of a general average adjustment, 991. place of adjustment, usually port of discharge, 992. where vessel carrying cargo for different destinations, 992. [And see FOREIGN ADJUSTMENT.] ADJUSTMENT OF PARTICULAR AVERAGE, 1. On Goods, basis of adjustment, 1010. amount of underwriter's liability ought not to vary with the markets, 1011. distinction between actual amount of depreciation and the propor- mode of ascertaining extent of depreciation by sea-damage, 1013. application of the ascertained percentage of depreciation to the sum by comparison of gross values, 1015, 1016. exception, where custom to sell in bond, 1017. [The references are to the Sections.] |