Where  a  ship  was  stranded,  and  the  cargo  housed,  the  expenses  of  getting  her
off  and  taking  her  to  port  for  repairs,  not  the  subject  of  general  average.  Job
o.  Langton,  lxxxviii.  779  ;  6  E.  &  B.  779.
On  an  insurance  of  things  differing  in  kind  and  use,  "  free  from  all  average,"
there  may  be  a  recovery  for  some  which  are  totally  lost,  though  others  saved.
Duff  v.  Mackenzie,  xci.  16 ;  3  C.  B.  N.  S.  16.
And  where  the  insurance  is  on  goods  "  against  total  loss  only."  Wilkinson
v.  Hyde.    Ibid.  31.
Where  shipper  guilty  of  misconduct  and  negligence,  he  cannot  recover  for


400  SHIPPING,  XI.,  XII.,  XIII.  (a),  (b),  XIV.
average  loss  against  owner  of  cargo.  Schloss  v.  Heriot,  cviii.  59  ;  14  C.  B.  N.
S.  59.
General  average  must  be  contributed  to  by  the  persons  interested  in  the  ship,
in  the  freight  and  in  the  cargo.   Frayes  v.  Worms,  cxv.  159  ;  19  0.  B.  N.  S.  159.
Charterer  paying  in  advance,  freight  is  liable  to  general  average.     Ibid.
Deck  cargo  (timber),  lawfully  laden  by  charter-party,  endangering  safety  of
vessel,  is  the  subject  of  general  average  against  shipowner.  Johnson  v.  Chap-
man, cxv.  563 ;  i9  C.  B.  N.  S.  563.
Subject  of,  considered,  Am.  Ed.  note.     Ibid.
XII.  Demurrage.
Consignee  receiving  goods,  not  liable  for  demurrage  incurred  at  port  of  load-
ing, though  he  was  to  pay  for  them  as  per  charter-party,  which  stipulated  for  a
lien  for  demurrage.     Smith  v.  Sieveking,  Ixxxv.  589 ;  5  B.  &  B.  589.
Where  ship  was  to  deliver  cargo  in  a  tidal  harbor,  no' demurrage  accrued  while
waiting  for  tides  in  order  to  reach  an  ordinary  landing-place  selected  by  con-
signees.    Parker  v.  Winlow,  xc.  942 ;  7  E.  &  B.  942.
