Average
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
<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.