Page:Federal Reporter, 1st Series, Volume 1.djvu/244

236 FEDEEAL EEPORTER. �load wag not included in the polioy because the libellants •were not willing to pay the respondent's terma for such insur- ance. Tiie propriety of the jettison is not qaestioned. �The doctrine of general average for property tbus lost ^\'a3 a part of the celebrated maritime code of the ancient Ehodians, in which it was thus stated: "If goods are necessarily thrown overboard, for the purpose of liglitening the ship, tue losa 13 to be made good by the contribution of ail, because it was insured for the benefit of ail." No clearer statement has been made since. The doctrine is founded in pure equity. The sacrifice being made for the safety of the vessel and remaining cargo, the owner of the goods should bear no more than bis just proportion of the loss thus incurred. �From the benefit of this right to contribution the owner of goods loaded above deck was excluded on the ground that such loading is improper, tending to embarrass the move- ments of the crew and the -working of the ship. To the uni- versal application of the rule (excluding deck cargo) serions objection has been made from the outset, and strenuous effort used to limit its operation. It has been urged that some goods may be placed on deck without embarassing the crew, or the movements of the vessel, and especially in short voyages from port to port; that custom has established the safety of such loading in some kinds of cargo and in voyages between certain places; and that -where such loading is in pursuance of eontract with the carrier hecannot urge the objection that it is improper. From the beginning most, if not ail, elemen- ' tary writers on the subject bave stated the rule with excep- tions. Valin says : "The doctrine excluding goods carried on deck (and jettisoned) from general average ought to be con- troUed by the usages of trade; and aocordingly contribution may be claimed for goods thrown overboard from the decks of small coasting vessels, or river craft, which usually carry part of their cargo on deck." Valin Ord. de la Mar. art. 13. �The only exception which seems well supported, of an early date, is one in favor of goods carried on deck in pursuance of custom, What is said in the early cases and elementary Works, respecting goods so carried on small coasting vessels, ��� �