Average

6 Proportional payment: contribution to a loss or expense incurred at sea for the general benefit of several persons or several interests. In its simple generic sense a loss, injury, or deduction not amounting to a total loss.' General or gross average. That contribution to a loss or expense voluntarily incurred for the preservation of the whole, in 1 Fifteen Per Cent. Contracts, 15 Op. A.-G. 236 (1877). > F. avaloir, to be of use: L. valere, to be strong. ' [Webster's Diet. < Brigham v. Tillinghast, 13 N. Y. 218-19 (1855). « See 100 Mass. 233; 12 F. E. 371; 2 Bl. Com. 60. «L. averagium: averia, cattle. Service u tenant owes his lord by horse, ox, or carriage therewith,

— Blount's Law Diet. (1691). It meant use of horses, carriage, payment for carriage; hence, payment proportional — to horses employed, goods lost at sea, etc.,— which all who are concerned in the ship, freight, and cargo are to bear an equal part proportionable to their respective interests.^ Particular average. The damage or loss, short of total, falling directly upon particular articles of property, i The liability or claim upon Buch articles from loss or damage to something else is "general" average.^ The rule as to general average is derived from the Bhodian law as adopted in the Roman jurisprudence. The Digest states the rule thus: If goods are thrown overboard to lighten a ship, the loss incurred for the sake of all shall be made good by the contribution of all. The case of jettison was used to illustrate the general principle. Now, as then, ship and cargo must have been placed in a common imminent peril; there must have been a voluntary sacrifice of property to avert that peril; and, by the sacrifice, the safety of the other property must have been successfully attained.' The principle is that " what is given for the general benefit of all shall be made good by the contribution of all." Greneral average is that contribution which is made by all who are parties to the same adventure toward a loss arising out of extraordinary sacrifices made, or extraordinary expenses incurred, by some of them for the common benefit of ship and cargo. The loss must be of an extraordinary nature, advisedly incurred, under circumstances of imminent danger, for the common benefit of ship and cargo: and it must have aided in the accomp Ushment of'that purpose.* ' Where the interests are temporarily separated, as by unloading the cargo to repair the vessel, and the expectation of resuming the voyage, from unforeseen circumstances, is not realized, as, for example, inability to make the vessel seaworthy, all the expense of protecting the dif Eerent interests meanwhilels chargeable to general average. <■ Passengers' baggage in daily use does not contribute to general average. •