average

Average' as used in the report manifestly is not intended to refer to an arithmetical calculation, the quotient of a sum divided by the number of its terms. It is rather to be understood as an estimated general mean of the conditions of the several carriers constituting each group, arrived at by the exercise of judgment upon the facts shown by the evidence.

In marine Insurance. Loss or damage to a part of the vessel or cargo insured. The contribution due from one owner to another, on a partial loss. General Average. General (also called "gross") average consists of expense pui^ posely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contributed for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately surviving, including the amount of expense, sacrifice or damage so incurred in the contributory value. 2 Phil. Ins. § 1269 et seq.; and see 2 Curt. C. C. (U. S.) 59; 9 Gush. (Mass.) 415; 93 Ky. 102; 5 Ohio, 307; 3 Wall. (U. S.) 370; 3 Kent, Comm. 232. Particular Average. Particular aveD age (also called "partial loss") is an accidental loss on the ship, cargo, or freight, to be borne by the owner of the subject on which it happens, and is so called in distinction from general average, and, if not total, it is also called a partial loss. 2 Phil. Ins. c. 16; 3 Bosw. (N. Y.) 395; 4 B. Men. (Ky.) 164. AVERIA (Lat.) Cattle; working cattle. Averia carucae (draft cattle) are exempt from distress. 3 Bl. Comm. 9; 4 Term R.

A medium, a mean proportion.

In old English law. A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman. Stubble, or remainder of straw and grass left in cem-flelds utter harvest. In Kent it is called "gratten," and in other parts "roughings."

In maritime law. Loss or damage accidentally happening to a vessel or to its cargo during a voyage. Also a small duty paid to masters of snips, when goods are sent in another man's ship, for their care of the goods, over and above the freight In marine insurance. Where loss or damage occurs to a vessel or its cargo at sea, average is the adjustment and apportionment of such loss between the owner, the freight, and the cargo, in proportion to their respective interests and losses, in order that one may not suffer the whole loss, but each contribute ratably. Coster v. Insurance Co., 2 Wash. C. C. 51, 6 Fed. Cas. 611; Insurance Co. v. Bland, 9 Dana (Ky.) 147; Whit-teridge v. Norris, 6 Mass. 125; Nickerson v. Tyson, 8 Mass. 467; Insurance Ch v. Jones, 2 Bin. (Pat) 552. It is of the following kinds: General average (also called "gross") consists of expense purposely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contributed for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately surviving, including the amount of expense, sacrifice, or damage so incurred in the contributory value. 2 Phll. Ins. § 1269 et seq. 2 Steph. Comm. 179; Padelford v. Board-man, 4 Mass. 548. Particular average is a loss happening to the ship, freight, or cargo which is not to be shared by contribution among all those interested, but must be borne by the owner of the subject to which it occurs. It is thus called in contradistinction to general average. Bargett v. Insutance Co., 3 Bosw. (N. Y.) 395. Petty average.

In maritime law. A term used to denote such charges and disbursements as, according to occurrences and the custom of every place, the master necessarily furnishes for the benefit of the ship and cargo, either at the place of loading or unloading, or on the voyage; such as the hire of a pilot for conducting a vessel from one place to another, towage, light money, beaconage, anchorage, bridge toll, quarantine and such like. Park, Ins. 100. The partichlars belonging to this head depend, however, entirely upon usage. Abb. Ship. 404. Simple average. Particular average, (q. v.)

— Average charges. "Average charges for toll and transportation" are understood to mean, and do mean, charges made at a mean rate, obtained by dividing the entire receipts for toll and transportation by the whole quantity of tonnage carried, reduced to a common standard of tons moved one mile. Hersh v. Railway Co., 74 Pa. 190.

— Average prices. Such as are computed on all the prices of any articles sold within a certain period or district.

— Gross average. In maritime law. A contribution made by the owners of a ship, its cargo, and the freight, towards the loss sustained by the voluntary and necessary sacrifice of property for the common safety, in proportion to their respective interests. More commonly called "general average," (qv.) See 3 Kent, Comm. 232; 2 Steph. Comm. 179. Wilson v. Cross, 33 Cal. 69.

arpennus, arpendus, arpentum. An arpent; an old English measure of land. Various other forms of the word occur in old laws and writers as arpennum, arpendium, arapennis, arepennis, aripennis, aripennum, arvipennium and arvipendium.

<A medium, a mean proportion,; In old English law. <A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman. Stubble, or remainder of straw and grass left in corn-fiekis after harvest. In Kent it is called “yratten,” and in other parts“ voughings.” In maritime law. Loss or damage acci- Also a small duty paid to masters of ships, when goods are sent in another man’s ship, for their care of the goods, over and above the freight. In marine insurance. Where loss or damage occurs to a vessel or its cargo at sea, average is the adjustment and apportionment of such loss between the owner, the freight, and the eargo, in proportion to their respective interests and losses, in order that one may not suffer the whole loss, but each contribute ratably. It is of the following kinds; General average (also called “gross”) consists of expense purposely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contribnted for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately surviving, including the amount of expense, sacrifices, or damageso incurred in the contributory value. 2 Phil. Ins. § 1269 et seq. Particular average is a loss happening to the ship, freight, or cargo which is not to be shared by contribution among all those interested, but must be borne by the owner of the subject to which if occurs. It is thus ealled in contradistinetion to general average. Petty average is a term sometimes applied to small charges which were formerly assessed upon the cargo, viz., pilotage, towage, lightmoney, beavonage, anchorage, bridge-toll, quarantine, pier-money.

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. •

1. A service with cattle, due to a lord by his tenant. 2. A medium, mean. 3. A loss or damage to ship or cargo at sea. 4. The adjustment or apportionment of such loss among the owners and underwriters. 5. A small duty paid the master for care of the cargo, over and above his freight. General average: wlien part of a ship's cargo is destroyed or injured in order to save the ship, the loss is apportioned among the proprietors in general or their underwriters. Also called Gross average. Particular average: partial loss or damage to goods which must be borne by the owner, and is settled by the underwriters according to the ratio which the goods lost bore to the whole goods insured. This is called an Average, or partial loss. Petty average: small charges paid by the master for the benefit of the ship and cargo, such as pilotage, towage, anchorage, etc.

[L. Lat. averagium; Fr. avarie; Germ, haverie; Dutch, averiei\ In maritime law. A contribution made by all the parties concerned in a sea-adventure, to make good a specific loss or expense voluntarily sustained or incurred by some or one of them for the benefit of all. Abbott on Skip. 473. Stevens on Av. 68. 1 Story's Eq. Jur. § 490. Story on Bailm. § 583. Sometimes called general average, to distinmiish it from special or particular average, (a very incorrect expression, used to denote every kind of partial loss or damage happening either to the ship or cargo from any cause whatever,) and sometimes by the name of gross average to distinguish it from customary average mentioned in bills of lading, which last species is sometimes called also petty average. Abbott on Ship. 473, 474. Sir William Scott, (The Copenhagen,) 1 Sob. Adm. R. 243. Lord Mansfield, C. J., 3 Burr. 1555. See Particular Average, Gross Average. Of the origin of this word little seems to be known with certainty. Cowell inclines to derive it from the same root with the word average in old English law, which signified a service of carriage, or a service performed by carrying with horses or carts, (or cum averiis.) " This contribution seemeth to be so called," he observes, " because it is proportioned after the rate of every man's average, or goods carried." But the idea of carriage, though an important one, is quite subordinate to that of proportion, which is the principal idea involved in the meaning of average in its modem sense. It is stud, however, that average has not the sense of a medium or mean proportion in any European language except the English. Stevens on Av. 96, note (1). Emengon thinks that the true etymology has not yet been discovered, and probably never will be. 1 Emerigon, {Tr. d* Assurances,) 601.