Cargoes. on Bulk- No. 1. Warrantry of "Free from Particular Average No. 5. Arbitration Clause in a Mutual Policy permitted to be a condition precedent to an Action. Scott v. Avery. No. 6. Sending back an Award. J. G. Morris v. R. Morris. No. 7. Insurance on Money advanced on Freight, and its liability to No. 8. General Average Charges. and case of the Snowdon. Moran v. Jones: The Tribune: No. 11. Freight. Abandonee of Ship. Hickie v. Rodocanachi. A HANDBOOK OF AVERAGE. PART THE FIRST. WHAT AVERAGE IS: AVERAGE is a word which at the present day includes a great deal more in its meaning than was originally intended. As to its origin various accounts have been given, or, rather, various guesses have been made. But although the exact parentage of the word has not been satisfactorily made out, Average unquestionably conveys the idea of division of burthen, or distribution of expense; the bearing some onus by many-as, for example, a heavy weight carried by a number of men. The signification of the term, therefore, corresponds with what we now call General Average.* * Writers on scientific subjects frequently expend themselves at the outset in definitions and derivations. Though this is often carried to excess, it is not unreasonable that some labour should B The same word with a somewhat analogous meaning found its way into the Bill of Lading, where it signifies a small contribution from all the proprietors be devoted in seeking the original terms, as their etymology usually throws useful light on the matter to which they relate. This reason is my apology for the present note. By the common consent of nations, one word, slightly modified only by the genius of each language, has been adopted to express marine losses. It will be seen how identical this word is : English, Average. Dutch, Avery. Danish, Norwegian, Hatrie. Swedish, Haferie. German, Averie. Russian, Avareia. The following appears to be its most probable pedigree :— From the Greek noun Bápos, a burthen, we have the adjective Bages, heavy weighty; also the correspondent negative ȧßapis, not burtheneds.metaphorically, not burthensome. Now, by the wellknown, substitution of the English v for the Greek ẞ, we come to the word avarees, which nearly approaches the form presented in modern European languages. But it may be objected that we possess few direct Greek etymons, and that we receive Hellenic roots chiefly through the Latin medium, and that, consequently, we must seek in the Roman language a nearer link. We therefore take the verb averro, to carry away, and, by an allowable metaphor, to lighten, and trace it in the late-Latin verb averare, and thence to the more spurious noun averagium, authorised by Sir H. Spelman. We do not stop to connect the Latin verb with the above Greek roots, although it could be done. But it is a question whether the word had not been adopted very early into the Teutonic family of languages; and looking at an old English dictionary, a number of words will be found having the same radical. Thus we have, on the authority of Domesday Book, avera, a ploughman's day's work (his proper quota); also we find aver, wealth (Fr. avoir, qy.), and a beast of burthen. But more important is the thoroughly Saxon-English word aver-penny, money contributed towards the king's averages, or carriages, to be freed from that charge. Here average and carriage are used as synonyms. Then we have average itself, of merchandise on board a vessel, to be given to the master as an encouragement for taking care of their goods. In its primitive sense the term is not properly applied when we speak of a partial loss happening to goods as a Particular Average; for that is a loss falling on a special interest: nor for the repairs of a ship required in consequence of damage happening to her by sea perils. The use of the word, however, may now seem justified in these latter instances, because, since the system of marine insurance has prevailed, even these special losses are distributed among many assurers or underwriters; and their being so borne may entitle them to the name of Averages. But it is useless to quarrel with a name which is in very general use all over the world, however much we may object to its application when speaking strictly. We will therefore accept it in the sense in which it is ordinarily used, and proceed to see into what heads the word divides itself. These are, First, and most properly, General Average. Secondly, Those charges and expenses which arise when a laden vessel puts into a port of dis an agricultural word, meaning the breaking up of corn-fields; also averia, plough-cattle, and, as a last instance, aver-corn, rent paid in corn to religious houses. Through all these words runs the idea either of contribution or of burthen, except in the word average itself, ut supra. I must beg pardon of the reader for detaining him on the threshold by speculations which, after all, are rather amusing than of real importance. |