Blacks Law Dict. 1st ed

AVAHTURE

AVERiA CARRUC^El

109

Also a small duty paid to masters of ships, when goods are sent in another man's ship, for their care of the goods, over and above the freight. In marine insurance. Where loss or damage occurs to a vessel or its cargo at sea, average is the adjustment and appor tionment of such loss between the owner, the freight, and the cargo, in proportion to their respective interests and losses, in order that one may not suffer the whole loss, but each contribute ratably. It is of the following kinds: General average (also called "gross") con sists of expense purposely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contributed for by the several interests in the proportion of their respective values exposed to the com mon danger, and ultimately surviving, in cluding the amount of expense, sacrifice, or damage so incurred in the contributory value. 2 Phil. Ins. § 1269 et seq. Particular average is a loss happening to the ship, freight, or cargo which is not to be shared by contribution among all those inter ested, but must be borne by the owner of the subject to which it occurs. It is thus called in contradistinction to general average. Petty average is a term sometimes applied to small charges which were formerly assessed upon the cargo, viz., pilotage, towage, light money, beaconage, anchorage, bridge-toll, quarantine, pier-money. AVERAGE CHARGES. "Average charges for toll and transportation " are under stood to mean, and do mean, charges made at a mean rate, obtained by dividing the en tire receipts for toll and transportation by the whole quantity of tonnage carried, re duced to a common standard of tons moved one mile. 74 Pa. St. 190. AVERAGE LOSS. In maritime law. A partial loss of goods or vessels insured, for which the insurers are bound to compensate the insured in the proportion which the loss bears to the whole insurance. 2 Steph. Comm. 178. AVERAGE PRICES. Such as are com puted on all the prices of any articles sold within a certain period or district. AVERIA. In old English law. This term was applied to working cattle, such as horses, oxen, etc. AVERIA CARRUOffii. Beasts of the plow.

the bottom of a promissory note or of a bill of exchange; properly an act of suretyship, by the party signing, in favor of the party to whom the note or bill is given. 1 Low. Can. 221. AVANTURE. Chance; hazard; mis chance. AVARIA, AVARIE. Average; the loss and damage suffered in the course of a nav igation. Poth. Mar. Louage, 105. AVENAGE. A certain quantity of oats paid by a tenant to his landlord as rent, or in lieu of some other duties. AVENTURE, or ADVENTURE. A mischance causing the death of a man, as where a person is suddenly drowned or killed by any accident, without felony. Co. Litt. 391. AVER. In pleading. To declare or as sert; to set out distinctly and formally; to allege. In old pleading. To avouch or verify. Litt. § 691; Co. Litt. 3626. To make or prove true; to make good or justify a plea. AVER. In old English and French. A working beast; a horse or bullock. AVER CORN. A rent reserved to re ligious houses, to be paid by their tenants in corn. AVER ET TENER. In old conveyanc ing. To have and to hold. AVER LAND. In feudal law. Land plowed by the tenant for the proper use of the lord of the soil. AVER PENNY. Money paid towards the king's averages or carriages, and so to be freed thereof. AVER SILVER. A custom or rent for merly so called. AVERAGE. A medium, a mean propor tion. In old English law. A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman. Stubble, or remainder of straw and grass left in corn-fields after harvest. In Kent it is called "gratten," and in other parts" rough ings." In maritime law. Loss or damage acci dentally happening to a vessel or to its cargo during a voyage.

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