AVERAGE

A medium, a mean propor- A partial loss of goods or vessels insured, for tion. 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" rough- ings." In maritime law. Loss or damage acci- dentally happening to a vessel or to its cargo during a voyage. I J which the insurers are bound to compensate the insured in the proportion which the loss K bears to the whole insurance. 2 Steph. Comm. 178.

In Insurance. Is gen- eral, particular, or petty. GENERAL AVERAGE (also called gross) con- sists of expense purposely incurred, sacri- fice made, or damage sustained for the com- mon 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 ulti- mately surviving, including the amount of expense, sacrifice, or damage so incurred in the contributory value; 2 Phill. Ins. § 1269 et seq.; and see Code de Com. tit. xi.; Aluzet, Trait. des Av. cxx.; 2 Curt. C. C. 59;9 Cush. 415; 73 Pa. 98; 9 Wall. 203; Bailey, Gen. Av.; 2 Pars. Mar. Law, ch. xi.; Stevens, Av.; Benecke, Av.; Pothier, Av.; Lex Rhodia, Dig. 14. 2. 1. General average is recoverable for loss by jettison; 19 C. B. N. 8. 563; for ship's stores used to fire the donkey-engine which worked the pumps; 7 L. R. Exch. 39; 2 Q. B. D. 91, 295; and for damage to a cargo caused by pour- ing on water to extinguish a fire; 8 Q. B.D. 653; 46 Fed. Rep. 297; 53 id. 270; 59 1.161. Indemnity for general average loss is usually stipulated for in policies against the risks in navigation, subject, however, to di- vers modifications and conditions; 2 Phill. Ins. §§ 1275, 1279, 1408, 1409. Under mari- time policies in the ordinary form, under- writers are liable for the contributions made by the insured subject for loss by jettison of cargo, sacrifice of cables, anchors, sails, spars, and boats, expense of temporary repairs, voluntary stranding, compromise with pirates, delay for the purpose of refit- ting; 2 Phill. Ins. c. xv. sect. ii.; 1 Pars. Ship. & Adm. 351. The general rule for the adjustment of general average is, that the amount made good in respect of prop- erty sacrificed is brought in as contributing rateably with the property preserved so that the former pays the same proportion of gen- eral average as the latter; Loundes, Gen. Αν. p. 291. Insurance is not a part of the owner's in- terest in a ship, and in case of general aver- age, for the purpose of increasing the fund to be distributed; the insurance received by him should not be added to the value of what was saved; 52 Fed. Rep. 320; 118 U. S. 468; id. 507, 520. Average particular (also called partial loss) is a 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 dis- tinction from general average; and, if not total, it is also called a partial loss; 2 Phill. Ins. c. xvi.; Stevens, pt. 1, c. 2; Arnould, Mar. Ins. 953; Code de Com. 1. 2, t. 11, a. 403; Pothier, Ass. 115; Benecke & S. Av., Phill. ed. 341. It is insured against in marine policies in the usual forms on ship, cargo, or freight, when the action of peril is extraordinary, and the damage is not mere wear or tear ; and, on the ship, covers loss by sails split or blown away, masts sprung, cables parted, spars carried away, planks started, change of shape by strain, loss of boat, breaking of sheathing or upper works or timbers, dam- age by lightning or fire, by collision or stranding, or in defence against pirates or enemies, or by hostile or piratical plunder; 2 Phill. Ins. c. xvi.; 21 Pick. 456; 11 id. 90; 7 id. 159; 7 C. & P. 597; 3 id. 323; 1 Conn. 239; 9 Mart. 276; 18 La. 77; 5 Ohio 306; 6 id. 70, 456; 3 Cranch 218;1 Cow. 265; 4 id. 222; 5 id. 63; 4 Wend. 255; 11 Johns. 315. Particular average on freight may be by loss of the ship, or the cargo, so that full freight cannot be earned; but not if the goods, though damaged, could have been carried on to the port of destination; 2 Phill. Ins. c. xvi. sect. iii. 9 id. 21; 15 Mass. 341; 23 Pick. 405; 2 McLean 423; 1 Story 342; 2 Gill 410; 12 Johns. 107; 18 id. 205, 208; 1 Binn. 547. Particular average on goods is usually adjusted at the port of delivery on the basis of the value at which they are insured, viz.: the value at the place of shipment, unless it is otherwise stipulated in the pol icy; 2 Phill. Ins. §§ 145, 146; 2 Wash. C. C. 136; 2 Burr. 1167; 2 East 58; 12 id. 689; 3 B. & P. 308; 3 Johns. Ch. 217; 4 Wend. 45; 1 Caines 543; 1 Hall 619; 20 Pa. 312; 36 E. L. & Eq. 198; 3 Taunt. 162. See SAL VAGE; LOSS. A particular average on profits is, by the English custom, adjusted upon the basis of the profits which would have been realized at the port of destination. In the United States the adjustment is usually at the same rate as on the goods the profits on which are the subject of the insurance; 2 Phill. Ins. §§ 1778, 1774; 2 Pars. Ins. 899; 2 Johns. Cas. 36; 3 Day 108; 1 Johns. 433; 3 Pet. 222; 1 Sumn. 451; 8 Miss. 63; 1 S. & R. 115; 6 R. I. 47. PETTY AVERAGE consists of small charges which were formerly assessed upon the cargo, viz.; pilotage, towage, light-money, beaconage, anchorage, bridge-toll, quaran- tine, pier-money. Le Guidon, c. 5, a. 13; Weyt, de A. 3, 4; Weskett, art. Petty Av.; 2 Phill. Ins. § 1269, n. 1; 2 Arnould, Mar. Ins. 927. The doctrine of general average which has obtained

JETTISON, (defined). 7 Fed. Rep. 495; 3 Barn. & Ald. 398, 402.

That service which a tenant owed his lord, to be done by the work beasts of the tenant, as the carriage of wheat, turf, etc. A tariff or duty on goods, etc. [Obs.] Any charge in addition to the regular charge for freight of goods shipped. A contribution to a loss or charge which has been imposed upon one of several for the general benefit; damage done by sea perils. The equitable and proportionate distribution of loss or expense among all interested. General average, a contribution made, by all parties concerned in a sea adventure, toward a loss occasioned by the voluntary sacrifice of the property of some of the parties in interest for the benefit of all. It is called general average, because it falls upon the gross amount of ship, cargo, and freight at risk and saved by the sacrifice. Kent. -- Particular average signifies the damage or partial loss happening to the ship, or cargo, or freight, in consequence of some fortuitous or unavoidable accident; and it is borne by the individual owners of the articles damaged, or by their insurers. -- Petty averages are sundry small charges, which occur regularly, and are necessarily defrayed by the master in the usual course of a voyage; such as port charges, common pilotage, and the like, which formerly were, and in some cases still are, borne partly by the ship and partly by the cargo. In the clause commonly found in bills of lading, "primage and average accustomed," average means a kind of composition established by usage for such charges, which were formerly assessed by way of average. Arnould. Abbott. Phillips. A mean proportion, medial sum or quantity, made out of unequal sums or quantities; an arithmetical mean. Thus, if A loses 5 dollars, B 9, and C 16, the sum is 30, and the average 10. Any medial estimate or general statement derived from a comparison of diverse specific cases; a medium or usual size, quantity, quality, rate, etc. "The average of sensations." Paley. In the English corn trade, the medial price of the several kinds of grain in the principal corn markets. On an average, taking the mean of unequal numbers or quantities.

Pertaining to an average or mean; medial; containing a mean proportion; of a mean size, quality, ability, etc.; ordinary; usual; as, an average rate of profit; an average amount of rain; the average Englishman; beings of the average stamp. According to the laws of averages; as, the loss must be made good by average contribution.

To find the mean of, when sums or quantities are unequal; to reduce to a mean. To divide among a number, according to a given proportion; as, to average a loss. To do, accomplish, get, etc., on an average.

Any measure of central tendency, especially any mean, the median, or the mode. | Any measure of central tendency, especially any mean, the median, or the mode. | The arithmetic mean. | Financial loss due to damage to transported goods; compensation for damage or loss. | Financial loss due to damage to transported goods; compensation for damage or loss. | Proportional or equitable distribution of financial expense. | Financial loss due to damage to transported goods; compensation for damage or loss. | Customs duty or similar charge payable on transported goods. | An indication of a player's ability calculated from his scoring record, etc.

To compute the average of, especially the arithmetic mean. | Over a period of time or across members of a population, to have or generate a mean value of. | To divide among a number, according to a given proportion. | To be, generally or on average.

The service that a tenant owed his lord, to be done by the animals of the tenant, such as the transportation of wheat, turf, etc.