Average

[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.