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 their
respective interests, towards any particular loss or expense sustained
for the general safety of the ship and cargo; to the end that the
particular loser may not be a greater sufferer than the owner of the
ship and the other owners 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 falls generally
upon the whole or gross amount of the ship, freight and cargo; and also
to distinguish it from what is often though improperly termed particular
average, but which in truth means a particular or partial, and not a
general loss; or has no affinity to average properly so called. Besides
these there are other small charges, called petty or accustomed
averages; 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 cases where,
upon as much deliberate on and consultation between the captain and his
officers as the occasion will admit of, it appears that the sacrifice
at the time it was made, was absolutely and indispensably necessary for
the preservation of the ship and cargo. To entitle the owner of the
goods to an average contribution, the loss must evidently conduce to the
preservation of the ship and the rest of the cargo; and it must appear
that the ship and the rest of the cargo were in fact saved. Show. Ca.
Parl. 20. See generally Code de Com. tit. 11 and 12; Park, Ins. c. 6;
Marsh. Ins. B. 1, c. 12, s. 7 4 Mass. 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 3 Johns. 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; 2 New
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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