AVERAGE

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AVERAGE

AVERAGE. A term used in commerce to signify a contribution made by the owners of the ship, freight and goods, on board, in proportion to theirrespective interests, towards any particular loss or expense sustained forthe general safety of the ship and cargo; to the end that the particularloser may not be a greater sufferer than the owner of the ship and the otherowners of goods on board. Marsh. Ins. B. 1, c. 12, s. 7; Code de Com. art.397; 2 Hov. Supp. to Ves. jr. 407; Poth. Aver. art. Prel. 2. Average is called general or gross average, because it fallsgenerally upon the whole or gross amount of the ship, freight and cargo; andalso to distinguish it from what is often though improperly termedparticular average, but which in truth means a particular or partial, andnot a general loss; or has no affinity to average properly so called.Besides these there are other small charges, called petty or accustomedaverages; such as pilotage, towage, light-money, beaconage, anchorage,bridge toll, quarantine, river charges, signals, instructions, castle money,pier money, digging the ship out of the ice, and the like. 3. A contribution upon general average can only be claimed in caseswhere, upon as much deliberate on and consultation between the captain andhis officers as the occasion will admit of, it appears that the sacrifice atthe time it was made, was absolutely and indispensably necessary for thepreservation of the ship and cargo. To entitle the owner of the goods to anaverage contribution, the loss must evidently conduce to the preservation ofthe ship and the rest of the cargo; and it must appear that the ship and therest of the cargo were in fact saved. Show. Ca. Parl. 20. See generally Codede Com. tit. 11 and 12; Park, Ins. c. 6; Marsh. Ins. B. 1, c. 12, s. 7 4Mass. 548; 6 Mass. 125; 8 Mass. 467; 1 Caines' R. 196; 4 Dall. 459; 2 Binn.547 4 Binn. 513; 2 Serg. & Rawle, 237, in note; 2 Serg. & Rawle, 229 3Johns. Cas. 178; 1 Caines' R. 43; 2 Caines' R. 263; Id. 274; 8 Johns. R.237, 2d edit 9 Johns. R. 9; 11 Johns. R 315 1 Caines' R. 573; 7 Johns R.412; Wesk. Ins. tit. Average; 2 Barn. & Crest. 811 1 Rob. Adlm. Rep. 293; 2New Rep. 378 18 Ves. 187; Lex. Mer. Armer. ch. 9; Bac Abr. Merchant, F; Vin.Abr. Contribution and' Average; Stev. on Av.; Ben. on Av.

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