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278
SHIPWRECK AND DAMAGE. P. vi., Сн. xx.
§ 335.
Average,
Sea-protest.
§ 336.
Average, [-examination-]
{+examina-
tion+} and
estimate o£
damages.
§ 337.
Average Ц
adjustment.
§§ 335, 336,
337.
under the Consul’s direction, unless the laws of the country, as
mentioned above, provide otherwise.
If it be impossible to obtain the co-operation of the underwriters,
the Consul must himself take steps for the salvage of the ship and
cargo. He must also take the necessary proceedings in average,
i.e., note and extend protest, order survey, estimate the amount of
damage and the repairs necessary, make a valuation of the goods
that have been saved and adjust the average.
{a) The sea-protest must contain all particulars of the damage,
and must be in accordance with Arts. 460 and 461 of the Russian
Trade Regulations, which are as follows :—
" If a ship arrive at a port after having encountered storms or
strong winds, and the captain, in spite of every possible precaution
for the safety of the cargo, has reason to suspect that it is damaged,
he must, without opening the ship’s hatches, note a protest to such
effect before a Notary Public within 24 hours after reaching port,
and give an explanation in the notice handed in to the customs
according to the customs regulations. Further, within seven days from
the day of arrival at the port, he is bound to extend the protest, i.e.,
to make a statement on oath before a Notary Public and in the
presence of two sworn witnesses. The mate, carpenter, and two or more
of the ship’s crew must give evidence that the loss was not due to
their carelessness or inefficiency. The same rules must be complied
with by the captain when the ship, through stress of weather, has lost
her masts ; or when, in order to avoid danger, or to save the ship or
cargo, a mast has been cut away ; or when part of the cargo or other
articles have been jettisoned to lighten the vessel. The mate,
carpenter, and two or more of the ship’s crew must also give evidence
that the mast was cut down or part of the cargo thrown overboard
as an absolute necessity, or in order to save the ship or the remaining
cargo."
(b) The Consul must arrange to have the damage examined and
the repairs estimated by surveyors or, in the absence of such, by other
reliable persons ; but always in the presence or in that of a deputy
from the Consulate. After completion of the survey and estimate,
the surveyors, or the persons appointed in their place, must make
their declaration on oath and before a Notary and witnesses, or before
the Consul himself. The survey and estimate of goods saved must
be made in the same way, observing the same formalities.
(c) The Consul must assist in adjusting the average. In doing so.
Consuls will benefit by consulting the York-Antwerp rules, Liverpool
edition, 1890, which will be found in every Manual of Shipping Law.
The Consul must draw up (in book No. 6в) a detailed " protocol"
as to the survey of the damage, the estimate of repairs and the average
adjustment. If, from the nature of the case, disputes are likely to
arise between the owners of the ship or the cargo and the underwriters,
the above regulations and formalities are especially necessary in order
to supply the competent tribunals with exact and reliable data on
which to base their judgment. The Consul must endeavour to obtain
from the local authorities an equitable reduction of the customs’ duties,
or even an entire exemption from them on goods which have been
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