AVERAGE, AVERAGIUM, in Law, that Duty or Service which the Tenant is to pay the King, or other Lord, by his Beasts and Carriages. See SERVICE. The Word is derived from the base Latin, Averia, or the French, Oeuvre, Work.
AVERAGE is also used in Navigation and Commerce, for the Damage which a Vessel, or the Goods and Loading thereof, sustains, from the time of its Departure to its Return; as also, for the Charge or Contributions towards defraying such Damages.
A late Author who has written a Treatise expressly upon Average, distinguishes two kinds thereof; Simple or Private, and Gross or Common. To the first, the particular things which suffer, alone contribute; to the second, all both the Ship and the Merchandizes contribute in common. Of the first kind are all extraordinary and unforeseen Expenses and Accidents, befalling either the Ship, or the Goods, or both; the Loss in which Cases, is to be wholly defrayed by the thing or things which occasioned it.—Such as the loss of Cables, Anchors, Masts, and Sails, by reason of Storms, etc. As also Damages accruing to Goods through their own Defects, by wasting, rotting, wetting, Storms, Pirates, etc. The Sailor's Wages while the Ship is extraordinarily detained by Embargoes, provided she be hired for the whole Voyage, and not per Month. All these are simple or private Averages, and not to be charged to the common Account. For gross or common Average to have place, the Author just mentioned, shows, 1°. That something must have been cast into the Sea, and this out of absolute Necessity. 2°. That the Commander have had the Consent of the Owners for so doing. 3°. That it have only been done for the Safety of the whole Ship, and that the Ship have been saved in consequence thereof.—In such Case, all those for whose Interest the thing was cast into the Sea, are to contribute to indemnify the Person whose Property it was: And everything is to be taxed hereto, so much as Jewels, Gold, etc. notwithstanding they do not any way burden the Ship; and even the Vessel itself, but not Passengers, nor Provisions. Rainold. Christ. a Dershau in Nov. Lit. Mar. Bal. 1700. To the occasions of common Average may be added, Compositions with Pirates for the Ransom of the Ship; as also Cables, Masts, Anchors, etc. lost or abandoned for the common Good; the Food and Physic of the Sailors wounded in Defense of the Ship; and the Pay and Provisions of the Crew when the Ship is arrested or put under Embargo by order of a Prince, provided it were hired for the Month, and not for the whole Voyage.
AVERAGE is more particularly used for the Quota or Proportion which each Merchant or Proprietor in the Ship or Loading is adjudged, upon a reasonable Estimation, to contribute to a common Average.
AVERAGE is also a little Duty which those Merchants who send Goods in another Man’s Ship, pay to the Master thereof, for his care of them, over and above the Freight. See FREIGHT. Hence, in Bills of Lading it is expressed—Paying so much Freight for the said Goods, with Primage and Average accustomed.
