AVERAGE

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AVERAGE, common, customary, or petty. In case of shipments of goods, the bills of lading often contain a stipulation that the shipper shall, besides a certain rate or amount of freightmoney, also pay " primage and average." The word average, in this place, originally denoted several petty charges, such as towage, beaconage, &c, which are to be borne by the ship, freight and cargo, the kind and amount of which are very various, being determined by the marine ordinances of some countries, and, in others, by the usage of particular ports. There is often a great variety in the usages at the different ports of the same country in this respect. But the practice has come very much into use in Great Britain, and is general in the United States, to allow a certain rate per cent, on the amount of the freight for primage and average, where the bill of lading provides for the payment of these. The printed form of bills of lading usually contains the words "primage and average, with a blank space, so that, when filled up, it reads either with or without primage and average, according to the agreement of the parties. The laws of the United States have not hitherto regulated the amount of these charges. Average, general or gross, consists of ex penses incurred, sacrifices made, or damage sustained, for the common benefit oi ship, freight and cargo, and comprehends jetson (the loss sustained by throwing overboard a part of the cargo, or of the provisions, tackle or furniture of the ship, for the general safety), or the cutting away of a mast, and also ransom paid to pirates, compromise with captors (if permitted by the laws), the damage occasioned by purposely running the vessel on shore, and, by the usage of some countries, the expense of getting a stranded vessel afloat, though it was accidentally stranded, and the expenses of delaying the voyage to seek a port to refit. The expenses and damage that are the subjects of contribution in general average, must be divided among all the parties to whom the ship, freight and cargo belong, in the proportion of their several interests. Contribution for jetson was provided for in the maritime laws of Rhodes, and thence adopted into the Roman code.Average, particular, is the loss, expense and damage sustained on a ship, freight or cargo, which is to be borne by the party to whom the interest belongs, without any claim upon the other interests for contribution, and, in general, comprehends loss or damage that happens accidentally, and is not incurred voluntarily and purposely. It is also called partial loss, which description is likewise applied to a loss of only a part of the value of the interest at risk, in distinction from a total loss, AVER.NUS ; a lake in the kingdom of Naples, between ancient Cuma and Puteoli. It is circular, in some places 180 feet deep, and surrounded by hills of a moderate height, which used to be covered with immense woods, so that gloom and darkness surrounded the lake, and accumulated effluvia filled the air with contagion. These woods no longer stand, but the regions about the lake are still unhealthy. In ancient times, a savage people fled hither, who only ventured out by night. Their conduct struck terror into the neighboring people, whose stories gave rise to the fable of the Cimmerians, wTho lived in perpetual darkness; and the idea arose, that the dead were here called up from the infernal world. Homer makes this lake the entrance to hell, and describes the visit of Ulysses to it. Virgil has followed in his steps. Afterwards, certain priests also took up their residence at this lake, who dealt in conjurations, exorcised spirits, &c, and carried on their occupation only by night. Hence this wood became the grove of Hecate.