cargo, and freight are looked upon as a single maritime venture. Any loss voluntarily suffered for the safety of all is charged to all. For instance, if, in a storm, or when pursued by an enemy, a ship must be lightened in order to save her, and part of the cargo is thrown overboard for that purpose, or parts of the ship, like anchors, boats, etc., are thrown over, this is called the jettison, and whatever loss results, either to the cargo or to the ship, is made the subject of general average, and must be borne ratably by the cargo, the ship and the freight. In order to claim general average, the sacrifice must be voluntary for the benefit of all. The sacrifice must be made by the master or by his authority over property under his immediate control. The sacrifice must not be rendered necessary by any fault of the vessel.34 If a sacrifice is rendered necessary by the fact that the vessel was not seaworthy, the vessel is not entitled to recover in general average.35 So a deck cargo of a character not customarily carried on deck cannot claim the benefit of general average. The sacrifice must be successful. If the other interests in the ship are not benefited by the sacrifice, there are no grounds for general average. The sacrifice must be necessary. The master has a large discretion, however, as to what is necessary, and in the absence of any suggestion of fraud, the courts go far to uphold his discretion.36 34. Marine insurance.-Contracts of marine insurance were originally held in England to be not 34 Ralli v. Troop, 157 U. S. 386. 35 The Caledonia, 157 U. S. 124. 36 Lawrence v. Minturn, 17 How. 100 (U. S.). within the admiralty jurisdiction on the ground that they were contracts made on land, and it was not definitely decided in this country that the admiralty courts had jurisdiction of contracts of marine insurance until the decision of the United States Supreme Court in the case of the New England Insurance Co. v. Dunham.37 Preliminary contracts for insurance, or suits to reform a contract that is not in accordance with the preliminary contract of insurance, are not maritime. The admiralty has no jurisdiction of such suits. A party cannot effect marine insurance unless he is so situated that he expects pecuniary benefit from the safety of the vessel or cargo, or pecuniary loss from its injury or destruction. Insurance on a vessel "lost or not lost" is valid, even if it turns out that when effected the vessel was a total loss.38 In an application for insurance, any misrepresentation or concealment of a material fact will avoid the policy. The rule is very strict in this respect. Every material fact known to the insured must be disclosed.39 There is an implied condition that the vessel is seaworthy.40 Deviation on the voyage avoids the policy. It is not a deviation to delay or go out of the vessel's way to save life, but it is a deviation to do so to save property.11 35. Total and partial loss.-A loss under an insurance policy may be total or partial. A total loss may be actual or constructive. An actual total loss 37 11 Wall. 1 (U. S.). 38 Hooper v. Robinson, 98 U. S. 528. 39 Sun, etc., Co. v. Ocean Co., 107 U. S. 485. 40 Richelieu, etc., Co. v. Boston, etc., Co., 136 U. S. 408. 41 Saramanga v. Stamp, 4 C. P. Div. 316 (Eng.). is when the subject matter is wholly destroyed. A constructive total loss occurs, under the English rule, when the vessel is so badly injured that she is not worth the cost of repair.42 Under the American rule, the test is whether the cost of repair will exceed onehalf her value when repaired.43 In the case of a total loss, either actual or constructive, the vessel may be abandoned to the insured, and the whole insurance claimed. As a general rule, the valuation fixed in the policy of insurance is binding upon both parties, although it may differ from the actual value. The underwriter is subrogated to the rights of the insured upon payment of the loss. 36. Salvage.-Salvage is the reward allowed for a service rendered to marine property in danger by those under no legal obligation to render it. Salvage is peculiarly maritime in its nature. It has no analogy in any other branch of law. At common law, services voluntarily rendered in saving property in danger, however valuable in the result, imposed no legal liability upon the owner of the property to compensate the person rendering such service; but such service rendered to marine property in danger, without any contract, and without the knowledge of the owner of the property, creates a legal liability to compensation. The service must be rendered by those under no legal obligation to render it. Hence, usually the crew of a disabled vessel cannot claim salvage, nor her pilot, nor a passenger, nor the tug towing her, nor a life-saving crew. 42 Barker v. Jansen, L. R. 3 C. P. 303 (Eng.). 43 Bradlie v. Maryland Ins. Co., 12 Pet. 378 (U. S.). 44 37. The salvage award.-The award for salvage consists of two elements: compensation for actual outlay and expenses, and an award allowed from motives of public policy to encourage extraordinary exertions for saving life and property at sea. Special awards are given to those most competent to render service. The fact that little time is occupied not only is not a ground for diminishing the award, but is a ground for increasing it, as promptness in such cases is especially desirable. Special favor is shown steamers especially equipped for salvage service. The elements on which salvage is usually computed are the degree of danger from which the lives or property are rescued, the value of the property saved, the danger to which the vessel and the lives of the salvors have been exposed, the skill shown in the service, the time and labor occupied, and the degree of success achieved. The largest awards have been given when life was at stake,45 but as a salvage lien adheres to the property saved, there can be no such lien if there is no property saved. Therefore there is no such lien when life only is saved. But when property is saved, the lien for saving life as well as property attaches. Formerly courts paid little attention to salvage contracts. It was assumed that they had been extorted from parties under the stress of impending danger. At the present time a salvage contract usually will be enforced unless the circumstances indicate that an unfair advantage was taken of the helpless condition of the vessel in danger.46 If the master of a vessel 44 The Glengyle (1898), Prob. Div. 97 (Eng.). 45 The Akaba, 54 Fed. 197. 46 The Elfrida, 172 U. S. 186. objects to assistance being rendered, ordinarily no claim for salvage may arise. The admiralty has jurisdiction of suits for salvage in rem, fixing salvage awards liberally on grounds of public policy. 38. Collisions.-Collisions are the most frequent subjects of litigation of all marine torts. Prior to the passage of the English statute in 1863, and the American statute in 1864, prescribing the rules of ocean navigation, there was little specific law upon the subject of navigation. In 1889, representatives of the leading maritime nations met in Washington and elaborated a code of navigation, which, in 1890, Congress enacted into law. These rules apply to the high seas. In 1897, Congress passed an Act making them applicable to all harbors, rivers, and inland waters, except the Great Lakes, the Red River of the North, and the waters emptying into the Gulf of Mexico. Navigation on the Mississippi and its tributaries and the Red River of the North is governed still by the old rules, found in § 4233 of the United States Revised Statutes, and the pilot rules for western rivers. The general scheme of the International and Inland Rules is the same, with some differences. 39. Principles governing the rule of the road at sea. Two great underlying principles govern the rule of the road at sea. First, that the less manageable kind of vessel is privileged, and the more manageable is bound to avoid her. Thus, steamers must keep out of the way of sailing vessels, moving vessels out of the way of anchored vessels, and sailing vessels with a free wind must avoid sailing vessels close hauled. Second, under ordinary circumstances the |