More than three thousand years ago, the commerce of the Mediterranean appears to have been governed by the laws of Rhodes; so called, because they originated in that island, then a mart of commerce. One of its rules has survived to this time, and is now a universal rule of commerce, and is likely to remain so; because it is founded equally upon justice and expediency. This rule is the rule of general average. Substantially, the rule is this; that where maritime property is in peril, and the sacrifice of a part is made for and causes the safety of the rest, that which is saved contributes to make up the loss of that which is sacrificed. (s)

The justice of this rule is obvious. And its expediency is equally certain, though it may not be so obvious. If, when a ship with its cargo were in peril, and some of the goods must be thrown over, to save the rest, and what was thus thrown over was wholly lost with no indemnity to the owner, the question would

(q) The Boston, 1 Sumner, 845; The Henry Ewbank, id. 432.

(r) The Rapid, 3 Hagg. Adm. 419; The Samuel, 4 Eng. L. & Eq. 581.

(s) This rule, as preserved in the

Roman civil law (Dig. 14,2), is as follows : "Lege Rhodia cavetur, ut si levan-dae navis gratia jactus mercium factus est, omnium contributione sarciatur quod pro omnibus datum est." always arise, which of the freighters should thus suffer. Each freighter would then endeavor to protect himself, either by exerting an undue influence over the master, who should think of nothing but the safety of the whole property in his charge, or by taking care that their goods were placed in the ship beyond easy reach, or by sending some one in the ship to look after their goods, or by some other means. Whereas, in such a peril the master should be at perfect liberty to select for destruction, just that property the loss of which would best promote the safety of the rest. The law of general average, which is known to have been in force in England about six hundred years ago, (t) is therefore universally in force, and various subsidiary rules are generally recognized for the purpose of making this law efficient and just in its operation. From the reason of the rule it follows, that the owner of the goods sacrificed is not repaid their full value, because if he were he would have the advantage of being the only one that did not lose. (u) But the contributions are determined thus; the value of the whole property at risk is ascertained, and then the value of the property sacrificed; this last value forms a certain percentage of the larger value; and all the property saved pays that percentage of what is saved, to the owner of the property lost; and thus he loses the same percentage or proportion with the other owners.

There are three essential elements of general average. First, the sacrifice must be voluntary; second, it must be necessary; third, it must be successful. (v) 1