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
More... 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-fields after harvest. In Kent it is called "gratten," and in other parts "roughing."
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 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 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-terldge v. Norris, 6 Mass. 125; Nickerson v. Tyson, 8 Mass. 407; Insurance Co. v. Jones, 2 Bin. (Pa.) 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 Phil. Ins. § 1269 et seq. 2 Steph. Comm. 179; Padelford vs/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. Insurance 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 particulars 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. Heron 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" (q.v.) See 3 Kent, Comm. 232; 2 Steph. Comm. 179. Wilson v. Cross, 33 Cal. 69.
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