Jettison

JEtSAM.

The casting out of a vessel, from necessity, a part of the lading. The thing so cast out It differs from flotsam In this, that in the latter the goods float, while in the former The jettison must be made for sufficient cause, and not for groundless timidity; Brauer V. Campania Navlgacion La Flecha, 66 Fed. 776, 14 C. C. A. 88; The Hugo, 67 Fed. 403. It must be made in a case of extremity, when the ship is in danger of perishing by the fury of a storm, or is laboring upon rocks or shallows, or is closely pursued by pirates or enemies. If the residue of the cargo be saved by such sacrifice, the property saved is bound to pay a proportion of the loss. In ascertaining such average loss, the goods lost and saved are both to be valued at the price they would have brought at the place of delivery on the ship’s arrival there, freight, duties, and other charges being deducted; Marsh. Ins. 246; 3 Kent 185; Park. Ins. 123; Pothier, Chartepartie, n.

108; Boulay-Paty, Dr. Com. tit. 13; Pardessus, Dr. Com. n.

734; The Nimrod, 1 Ware 9, Fed. Cas. No. 10,267, The owner of a cargo jettisoned has a maritime lien on the vessel for the contributory share from the vessel on an adjustment of the average, which may be enforced by a proceeding in venue in the admiralty; Dupont de Nemours & Co. V. Vance, 19 How. (U. S.) 162, 16 L. Ed. 584; 2 Pars. Marlt. Law, 373. See Abbott; Kay, Shipping; Average; Adjustment; Derelict.