RISKS, DAMAGES AND ACCIDENTS

OF MARITIME COMMERCE
 ARTICLE 806.
For the purposes of this code the following shall
be considered averages:
1. All extraordinary or accidental expenses which
may be incurred during the voyage in order to
preserve the vessel, the cargo, or both.
2. Any damages or deteriorations which the
vessel may suffer from the time it puts to sea
from the port of departure until it casts anchor
in the port of destination, and those suffered
by the merchandise from the time they are
loaded in the port of shipment until they are
unloaded in the port of their consignment.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 807.
The petty and ordinary expenses incident to
navigation, such as those of pilotage of coasts and
ports, those of lighterage and towage, anchorage,
inspection, health, quarantine, lazaretto, and
other so-called port expenses, costs of barges and
unloading until the merchandise is placed on the
wharf, and any other usual expenses of navigation,
shall be considered ordinary expenses to be
defrayed by the ship owner, unless there is an
express agreement to the contrary.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 808.
Averages shall be:
1. Simple or particular.
2. General or gross.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 809.
As a general rule, simple or particular averages
shall include all the expenses and damages caused
to the vessel or to her cargo which have not inured
to the common benefit and profit of all the
persons interested in the vessel and her cargo, and
especially the following:
1. The losses suffered by the cargo from the time
of its embarkation until it is unloaded, either on
account of inherent defect of the goods or by
reason of an accident of the sea or force majeure,
and the expenses incurred to avoid and repair the
same.

A. SIMPLE OR GROSS AVERAGE

 2. The losses and expenses suffered by the vessel
in its hull, rigging, arms, and equipment, for the
same causes and reasons, from the time it puts to
sea from the port of departure until it anchors and
lands in the port of destination.
3. The losses suffered by the merchandise loaded
on deck, except in coastwise navigation, if the
marine ordinances allow it.

A. SIMPLE OR GROSS AVERAGE

 4. The wages and victuals of the crew when the
vessel is detained or embargoed by legitimate
order or force majeure, if the charter has been
contracted for a fixed sum for the voyage.
5. The necessary expenses on arrival at a port, in
order to make repairs or secure provisions.
6. The lowest value of the goods sold by the
captain in arrivals under stress for the payment of
provisions and in order to save the crew, or to
meet any other need of the vessel, against which
the proper amount shall be charged.

A. SIMPLE OR GROSS AVERAGE

 7. The victuals and wages of the crew while the
vessel is in quarantine.
8. The loss inflicted upon the vessel or cargo by
reason of an impact or collision with another, if it
is accidental and unavoidable.
If the accident should occur through the fault or
negligence of the captain, the latter shall be liable
for all the losses caused.
9. Any loss suffered by the cargo through the fault,
negligence, or barratry of the captain or of the
crew, without prejudice to the right of the owner
to recover the corresponding indemnity from the
captain, the vessel, and the freightage.
A. SIMPLE OR GROSS AVERAGE
 ARTICLE 810.
The owner of the goods which gave rise to the
expense or suffered the damage shall bear the
simple or particular averages.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 811.
As a general rule, general or gross averages shall
include all the damages and expenses which are
deliberately caused in order to save the vessel, its
cargo, or both at the same time, from a real and
known risk, and particularly the following:
1. The goods or cash invested in the redemption of
the vessel or of the cargo captured by enemies,
privateers, or pirates, and the provisions, wages,
and expenses of the vessel detained during the
time the settlement or redemption is being made.

A. SIMPLE OR GROSS AVERAGE

 2. The goods jettisoned to lighten the vessel,
whether they belong to the cargo, to the vessel, or
to the crew, and the damage suffered through said
act by the goods which are kept on board.
3. The cables and masts which are cut or rendered
useless, the anchors and the chains which are
abandoned, in order to save the cargo, the vessel,
or both.

A. SIMPLE OR GROSS AVERAGE

 4. The expenses of removing or transferring a
portion of the cargo in order to lighten the vessel
and place it in condition to enter a port or
roadstead, and the damage resulting therefrom to
the goods removed or transferred.
5. The damage suffered by the goods of the cargo
by the opening made in the vessel in order to
drain it and prevent its sinking.
6. The expenses caused in order to float a vessel
intentionally stranded for the purpose of saying it.

A. SIMPLE OR GROSS AVERAGE

 7. The damage caused to the vessel which had to
be opened, scuttled or broken in order to save the
cargo.
8. The expenses for the treatment and subsistence
of the members of the crew who may have been
wounded or crippled in defending or saving the
vessel.
9. The wages of any member of the crew held as
hostage by enemies, privateers, or pirates, and the
necessary expenses which he may incur in his
imprisonment, until he is returned to the vessel or
to his domicile, should he prefer it.

A. SIMPLE OR GROSS AVERAGE

 10. The wages and victuals of the crew of a vessel
chartered by the month, during the time that it is
embargoed or detained by force majeure or by
order of the government, or in order to repair the
damage caused for the common benefit.
11. The depreciation resulting in the value of the
goods sold at arrival under stress in order to repair
the vessel by reason of gross average.
12. The expenses of the liquidation of the average.

A. SIMPLE OR GROSS AVERAGE

 Requisites of General Average:
1. There must be a common danger. (Both to the
ship and the cargo)
2. The common safety part of the vessel or of the
cargo or both is sacrificed deliberately.
3. The expenses or damages caused follows the
successful saving of the vessel and cargo.
4. The expenses or damages should have been
incurred or inflicted after taking proper legal
steps and authority.
Note: There can be no general average unless there
is “extraordinary” sacrifice or expenditure.
A. SIMPLE OR GROSS AVERAGE
 ARTICLE 812.
In order to satisfy the amount of the gross or
general averages, all the persons having an
interest in the vessel and cargo therein at the time
of the occurrence of the average shall contribute.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 813.
In order to incur the expenses and cause the
damages corresponding to gross average, there
must be a resolution of the captain, adopted after
deliberation with the sailing mate and other
officers of the vessel, and after hearing the
persons interested in the cargo who may be
present.

A. SIMPLE OR GROSS AVERAGE

 If the latter shall object, and the captain and
officers or a majority of them, or the captain, if
opposed to the majority, should consider certain
measures necessary, they may be executed under
his responsibility, without prejudice to the right of
the shippers to proceed against the captain before
the competent judge or court, if they can prove
that he acted with malice, lack of skill, or
negligence.

A. SIMPLE OR GROSS AVERAGE

 If the persons interested in the cargo, being on
board the vessel, have not been heard, they shall
not contribute to the gross average, their share
being chargeable against the captain, unless the
urgency of the case should be such that the time
necessary for previous deliberations was wanting.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 814.
The resolution adopted to cause the damages
which constitute general average must necessarily
be entered in the log book, stating the motives
and reasons for the dissent, should there be any,
and the irresistible and urgent causes which
impelled the captain if he acted of his own accord.

In the first case the minutes shall be signed by all

the persons present who could do so before taking
action, if possible; and if not, at the first
opportunity. In the second case, it shall be signed
by the captain and by the officers of the vessel.

A. SIMPLE OR GROSS AVERAGE

 In the minutes, and after the resolution, shall be
stated in detail all the goods jettisoned, and
mention shall be made of the injuries caused to
those kept on board. The captain shall be obliged
to deliver one copy of these minutes to the
maritime judicial authority of the first port he may
make, within twenty four hours after his arrival,
and to ratify it immediately under oath.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 815.
The captain shall direct the jettison, and shall
order the goods cast overboard in the following
order:
1. Those which are on deck, beginning with those
which embarrass the maneuver or damage of the
vessel, preferring, if possible, the heaviest ones
with the least utility and value.
2. Those which are below the upper deck, always
beginning with those of the greatest weight and
smallest value, to the amount and number
absolutely indispensable.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 816.
In order that the goods jettisoned may be included
in the gross average and the owners thereof be
entitled to indemnity, it shall be necessary insofar
as the cargo is concerned that their existence on
board be proven by means of the bill of lading;
and with regard to those belonging to the vessel,
by means of the inventory prepared before the
departure in accordance with the first paragraph
of Article 812.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 817.
If in lightening a vessel on account of a storm, in
order to facilitate its entry into a port or
roadstead, part of the cargo should be transferred
to lighters or barges and be lost, the owner of said
part shall be entitled to indemnity, as if the loss
had originated from a gross average, the amount
thereof being distributed between the vessel and
cargo from which it came.
If, on the contrary, the merchandise transferred
should be saved and the vessel should be lost, no
liability may be demanded of the salvage.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 818.
If, as a necessary measure to extinguish a fire in
a port, roadstead, creek, or bay, it should be
decided to sink any vessel, this loss shall be
considered gross average, to which the vessels
saved shall contribute.

A. SIMPLE OR GROSS AVERAGE

 ARTICLE 819.
If during the voyage the captain should believe
that the vessel can not continue the trip to the
port of destination on account of the lack of
provisions, well-founded fear of seizure,
privateers, or pirates, or by reason of any accident
of the sea disabling it to navigate, he shall
assemble the officers and shall summon the
persons interested in the cargo who may be
present, and who may attend the meeting without
the right to vote; and if, after examining the
circumstances of the case, the reason should be
considered well-founded, the arrival at the nearest
and most convenient port shall be agreed upon,
drafting and entering the proper minutes, which
shall be signed by all, in the log book.
B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)
 The captain shall have the deciding vote, and the
persons interested in the cargo, may make the
objections and protests they may deem proper,
which shall be entered in the minutes in order that
they may make use thereof in the manner they
may consider advisable.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 Arrival under stress is the arrival of the vessel at
the nearest and most convenient port, if during the
voyage the vessel cannot continue the trip to the
port of destination due to:
1. Lack of provisions;
2. Well-founded fear of seizure, privateers, or
pirates; or
3. By reason of any accident of the sea disabling it
to navigate.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 Formalities must be observe for a legitimate
arrival under stress:
1. Assembly of the officers, at which shall be
summoned the persons interested in the
cargo who may be present who may attend
the meeting but not vote;
2. Drafting and entering in the log book proper
minutes, which shall be signed by all.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 820.
An arrival shall not be considered lawful in the
following cases:
1. If the lack of provisions should arise from the
failure to take the necessary provisions for the
voyage according to usage and customs, or if
they should have been rendered useless or lost
through bad stowage or negligence in their
care.
2. If the risk of enemies, privateers, or pirates
should not have been well known, manifest,
and based on positive and provable facts.
B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)
 3. If the defect of the vessel should have arisen
from the fact that it was not repaired, rigged,
equipped, and prepared in a manner suitable for
the voyage, or from some erroneous order of the
captain.
4. When malice, negligence, want of foresight, or
lack of skill on the part of the captain exists in the
act causing the damage.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 821.
The expenses of an arrival under stress shall
always be for the account of the shipowner or
agent, but they shall not be liable for the damages
which may be caused the shippers by reason of
the arrival provided the latter is legitimate.
Otherwise, the ship agent and the captain shall be
jointly liable.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 822.
If in order to make repairs to the vessel or because
there is danger that the cargo may suffer damage,
it should be necessary to unload, the captain must
request authorization from the competent judge
or court for the removal, and carry it out with the
knowledge of the person interested in the cargo,
or his representative, should there be any.

In a foreign port, it shall be the duty, of the

Philippine Consul, where there is one, to give the
authorization.
B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)
 In the first case, the expenses shall be for the
account of the ship agent or owner, and in the
second, they shall be chargeable against the
owners of the merchandise for whose benefit the
act was performed. If the unloading should take
place for both reasons, the expenses shall be
divided proportionately between the value of the
vessel and that of the cargo.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 823.
The custody and preservation of the cargo which
has been unloaded shall be entrusted to the
captain, who shall be responsible for the same,
except in cases of force majeure.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 824.
If the entire cargo or part thereof should appear to
be damaged, or there should be imminent danger
of its being damaged, the captain may request of
the competent judge or court, or of the consul in a
proper case, the sale of all or of part of the former,
and the person taking cognizance of the matter
shall authorize it, after an examination and
declaration of experts, advertisements, and other
formalities required by the case, and an entry in
the book, in accordance with the provisions of
Article 624.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 The captain shall, in a proper case, justify the
legality of his conduct, under the penalty of
answering to the shipper for the price the
merchandise would have brought if they had
arrived in good condition at the port of
destination.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 825.
The captain shall be responsible for the damages
caused by his delay, if after the cause of the arrival
under stress has ceased, he should not continue
the voyage.
If the cause of arrival should have been the fear of
enemies, privateers, or pirates, a deliberation and
resolution in a meeting of the officers of the vessel
and persons interested in the cargo who may be
present, in accordance with the provisions
contained in Article 819, shall precede the
departure.

B. ARRIVALS UNDER STRESS (ARRIBADAS FORZOSAS)

 ARTICLE 846.
Those interested in the proof and liquidation of
averages may mutually agree and bind themselves
at any time with regard to the liability, liquidation,
and payment thereof. In the absence of
agreements, the following rules shall be observed:
1. The proof of the average shall take place in the
port where the repairs are made, should any be
necessary, or in the port of unloading.
2. The liquidation shall be made in the port of
unloading, if it is a Philippine port.

C. PROOF OF LIQUIDATION OF AVERAGES

 3. If the average occurred outside of the
jurisdictional waters of the Philippines, or the
cargo has been sold in a foreign port by reason of
an arrival under stress, the liquidation shall be
made in the port of arrival.
4. If the average has occurred near the port of
destination, so that said port can be made, the
proceedings mentioned in Rules 1 and 2 shall be
held there.

C. PROOF OF LIQUIDATION OF AVERAGES

ARTICLE 847.
In the case where the liquidation of the averages is
made privately by virtue of agreement, as well as
when a judicial authority intervened at the
request of any of the parties interested who do
not agree thereto, all of them shall be cited, and
heard, should they not have renounced this right.
Should they not be present or should the have no
legal representative, the liquidation shall be made
by the Consul in a foreign port, and where there is
none, by the competent judge or court, according
to the laws of the country and for the account of
the proper party.
When the representative is a person well known in
the place where the liquidation is made, his
intervention shall be admitted and shall produce
legal effects, even though he be authorized only by
a letter of the ship agent, the shipper, or the
insurer.
 ARTICLE 848.
Claims for averages shall not be admitted if they
do not exceed 5 per cent of the interest which the
claimant may have in the vessel or in the cargo if it
be gross average and 1 per cent of the goods
damaged if particular average, deducting in both
cases the expenses of appraisal, unless there is an
agreement to the country.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 849.
The damages, averages, loans on bottomry and
respondentia and their premiums and any other
losses, shall not earn interest by reason of delay
until after the lapse of the period of three-days, to
be counted from the day on which the liquidation
may have been concluded and communicated to
the persons interested in the vessel, in the cargo,
or in both at the same time.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 850.
If by reason of one or more accidents of the sea,
particular and gross averages of the vessel, of the
cargo, or of both, should take place on the same
voyage, the expenses and damages corresponding
to each average shall be determined separately in
the port where the repairs are made, or where the
merchandise are discharged, sold, or utilized.

C. PROOF OF LIQUIDATION OF AVERAGES

 For this purpose the captains shall be obliged to
demand of the expert appraisers and of the
contractors making the repairs, as well as of those
appraising and taking part in the unloading, repair,
sale, or utilization of the merchandise, that in their
appraisements or estimates and accounts they set
down separately and accurately the expenses and
damages pertaining to each average, and in those
of each average those corresponding to the vessel
and to the cargo, also stating separately whether
or not there are damages proceeding from
inherent defect of the thing and not from accident
of the sea;
C. PROOF OF LIQUIDATION OF AVERAGES
 ARTICLE 851.
At the instance of the captain, the adjustment,
liquidation, and distribution of gross averages shall
be held privately, with the consent of all the
parties in interest.
For this purpose, within forty-eight hours
following the arrival of the vessel at the port, the
captain shall convene all the person interested in
order that they may decide as to whether the
adjustment or liquidation of the gross average is to
be made by experts and liquidators appointed by
themselves, in which case it shall so done if the
interested parties agree.
C. PROOF OF LIQUIDATION OF AVERAGES
 If an agreement is not possible, the captain shall
apply to the competent judge or court, who shall
be the one in the port where these proceedings
are to be held in accordance with the provisions of
this code, or to the consul of the Republic of the
Philippines should there be one, and should there
be none, to the local authority when they are to
be held in a foreign port.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 852.
If the captain does not comply with the provisions
of the preceding article, the ship agent or the
shippers shall demand the liquidation without
prejudice to the action they may bring to demand
indemnity from him.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 853.
After the experts have been appointed by the
persons interested, or by the court, and after the
acceptance, they shall proceed to the examination
of the vessel and of the repairs required and to the
appraisal of their cost, separating these losses and
damages from those arising from the inherent
defect of the things.
The experts shall also declare whether the repairs
may be made immediately, or whether it is
necessary to unload the vessel in order to examine
and repair it.
C. PROOF OF LIQUIDATION OF AVERAGES
 With regard to the merchandise, if the average
should be visible at a mere glance, the
examination thereof must be made before they
are delivered. Should it not be visible at the time
of unloading, said examination may be made after
the delivery, provided that it is done within forty-
eight hours from the unloading and without
prejudice to the other proofs which the experts
may deem proper.

C. PROOF OF LIQUIDATION OF AVERAGES

ARTICLE 854.
The valuation of the objects which are to
contribute to the gross average, and that of those
which constitute the average, shall be subject to
the following rules:
1. The merchandise saved which are to contribute
to the payment of the gross average shall be
valued at the current price at the port of
unloading, deducting the freightage, customs
duties, and expenses of unloading, as may
appear from a material inspection of the same,
without taking the bills of lading into
consideration unless there is an agreement to
the contrary.
 2. If the liquidation is to be made in the port of
departure, the value of the merchandise loaded
shall be determined by the purchase price,
including the expenses until they are placed on
board, the insurance premium excluded.
3. If the merchandise should be damaged, they
shall be appraised at their true value.
4. If the voyage having been interrupted, the
merchandise should have been sold in a foreign
port, and the average cannot be estimated, the
value of the merchandise in the port of arrival, or
the net proceeds obtained at the sale thereof,
shall be taken as the contributing capital.
C. PROOF OF LIQUIDATION OF AVERAGES
 5. Merchandise lost, which constitute the gross
average, shall be appraised at the value which
merchandise of its kind may have in the port of
unloading, provided that its kind and quality
appear in the bill of lading; and should they not
appear, the value shall be that stated in the
invoices of the purchase issued in the port of
shipment, adding thereto the expenses and
freightage subsequently arising.

C. PROOF OF LIQUIDATION OF AVERAGES

 6. The masts cut down, the sails, cables, and other
equipment of the vessel rendered useless for the
purpose of saying it, shall be appraised at the
current value, deducting one-third by reason of
the difference between new and old. This
deduction shall not be made with respect to
anchors and chains.
7. The vessel shall be appraised at its true value in
the condition in which it is found.
8. The freightage shall represent 50 per cent by
way of contributing capital.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 855.
The merchandise loaded on the upper deck of the
vessel shall contribute to the gross average should
they be saved; but there shall be no right to
indemnity if they should be lost by reason of
having been jettisoned for common safety, except
when the marine ordinances allow their shipment
in this manner in coastwise navigation.

C. PROOF OF LIQUIDATION OF AVERAGES

 The same shall take place with that which is on
board and is not included in the bills of lading or
inventories, according to the cases.
In any case the shipowner and the captain shall be
liable to the shippers for the damages from the
jettison, if the storage on the upper deck was
made without the consent of the latter.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 856.
Provisions and munitions of war which the vessel
may have on board, and the clothing used by the
captain, officers, and crew, shall not contribute to
the gross average. The clothing used by the
shipper, supercargoes, and passenger who may be
on board at the time of the jettison, shall also be
accepted. Neither shall the goods jettisoned
contribute to the payment of the gross averages
which may occur to the merchandise saved to a
different and subsequent risk.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 857.
After the appraisement of the goods saved and of
those lost which constitute the gross average, has
been concluded by the experts, the repairs, if any,
made on the vessel, and in this case, the accounts
of the same approved by the persons interested or
by the judge or court, the entire record shall be
turn over to the liquidator appointed, in order that
he may proceed with the distribution of the
average.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 858.
In order to effect the liquidation, the liquidator
shall examine the protest of the captain,
comparing it, if necessary, with the log book, and
all the contracts which may have been made
among the persons interested in the average, the
appraisements, expert examinations, and accounts
of repairs made.
If, as a result of this examination, he should find
any defect in the procedure which might injure the
rights of the person interested or affect the
liability of the captain, he shall call attention
thereof in order that it may be corrected, if
possible, and otherwise he shall include it in the
exordial of the liquidation.
C. PROOF OF LIQUIDATION OF AVERAGES
 Immediately thereafter he shall proceed with the
distribution of the amount of the average, for
which purpose he shall fix:
1. The contributing capital, which he shall
determine by the value of the cargo, in
accordance with the rules established in Article
854.
2. That of the vessel in her actual condition,
according to the statement of experts.
3. The 50 per cent of the amount of the
freightage, deducting the remaining 50 per cent
for wages and maintenance of the crew.
C. PROOF OF LIQUIDATION OF AVERAGES
 After the amount of the gross average has been
determined in accordance with the provisions of
this Code, it shall be distributed pro rata among
the goods which are to cover the same.

ARTICLE 859.
The insurers of the vessel of the freightage and of
the cargo shall be obliged to pay for the
indemnification of the gross average, insofar as is
required of each one of the objects respectively.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 860.
If, notwithstanding the jettison of merchandise,
breakage of masts, ropes, and equipment, the
vessel shall be lost running the same risk, no
contribution whatsoever by jettison of gross
average shall be proper.
The owners of the goods saved shall not be liable
for the indemnification of those jettisoned, lost, or
damaged.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 861.
If, after the vessel has been saved from the risk
which gave rise to the jettison, it should be lost
through another accident taking place during the
voyage, the goods saved and existing from the first
risk shall continue liable to contribution by reason
of the gross average according to their value in the
condition in which they may be found, deducting
the expenses incurred in saving them.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 862.
If, in spite of having saved the vessel and the cargo
in consequence of the cutting down of masts or of
any other damage deliberately done to the vessel
for said purpose, the merchandise should
subsequently be lost or stolen, the captain can not
demand of the shippers or consignees that they
contribute to the indemnity for the average,
unless the loss should occur by reason of an act of
the owner or consignee himself.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 863.
If the owner of the jettisoned goods should
recover them after having received the indemnity
for gross average, he shall be obliged to return to
the captain and to the other persons interested in
the cargo the amount he may have received,
deducting the amount of the damage caused by
the jettison and of the expenses incurred in their
recovery.
In this case, the amount returned shall be
distributed among the vessel and the persons
interested in the cargo in the same proportion in
which they contributed to the payment of the
average.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 864.
If the owner of the goods jettisoned should
recover them without having demanded any
indemnity, he shall not be obliged to contribute to
the payment of the gross average which may have
been suffered by the rest of the cargo after the
jettison.
ARTICLE 865.
The distribution of the gross average shall not be
final until it has been agreed to, or in the absence
thereof, until it has been approved by the judge or
court, after an examination of the liquidation and
a hearing of the persons interested who may be
present or of their representatives.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 866.
After the liquidation has been approved, it shall be
the duty of the captain to collect the amount of
the contributions, and he shall be liable to the
owners of the goods averaged for the damages
they may suffer through his delay or negligence.

C. PROOF OF LIQUIDATION OF AVERAGES

 ARTICLE 867.
If the person contributing should not pay the
amount of the contribution at the end of the third
day after having been required to do so, the goods
saved shall be proceeded against, in the request of
the captain, until payment has been made from
their proceeds.
ARTICLE 868.
If the person interested in receiving the goods
saved should not give security sufficient to answer
for the amount corresponding to the gross
average, the captain may defer the delivery
thereof until payment has been made.
C. PROOF OF LIQUIDATION OF AVERAGES
 ARTICLE 869.
The experts whom the court or the person
interested may appoint, as the case may be, shall
proceed with the examination and appraisement
of the averages in the manner prescribed in
Articles 853 and 854, Rules 2 to 7, insofar as they
are applicable.

C. PROOF OF LIQUIDATION OF AVERAGES