Page:Black's Law Dictionary (Second Edition).djvu/116

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AVAILS

Benedict v. Huntington, 32 A . Y. 224; Brig- ham v. Tillinghast, 13 N. Y. 218.

AVAILS. Profits, or proceeds. This word seems to haue been C0i)Sb'lI€(l only in refeiemc to vslils, and in them it means the l}0I']]Z' ur 1)luL't.'L1lS of the estate after the payment nf the debts. 1 Amer. & Eng. Enc Law, 1|) ‘I, we Alien v. De Witt, 3 N. Y. 279: Mo:\aughton v. McNaughton, 34 N Y. 201.

AVAI... In French law. The guaranty of a bill of exchange; so called because usu- ally placed at the foot or bottom (oral) or the bill. Story, Bills, §§ 394, 454.

The act of subscribing one's signature at the bottom of a Ill'0|llIS’1)I’y note or of a bill of exchauyv; 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. AVANTIJRE. L Fr. Chance; hazard;

mischauce.

AVARIA, AVARIE. Average; the loss and damage suiiered in the course of a navigation. Poth. Mar. Louage, 105.

AVENAGE.}} A certain quantity of oats paid by a tenant to his landlord as rent, or in lleu of some other duties.

AVENTURE, or ADVENTURE. A mischance musing the death of a man, as where 1 person is suddenly drowned or killed by any accident, without felony. Co. Lltt. 391.

AV'ER. L. F1‘.

—Aver et tenet. have and to hold.

To have. In old conveyancing. To

AV]-IR, 1;. 1n pleading. To declare or assert: to set out distinctly and formnliy; to allege

In old. pleading. To avouch or verify. Litt. § 1:91: Go. Litt. 3621). To make or prove true; to make good or justify a plea.

AER. 1:. In old English and French. Propcity; substance, estate, and particulariy lne stool, or cattle: hence a working beast; 1 horse or buliodr.

—-Aver corn. A rent reserved to religious houses. to be paid by their tenants in corn. —Avex- land. In feudal law. Land plowed by the tenant for the proper use of the lord of the sn —-Aver penny. Monry paid towards the lo averages or carriages, and so to be freed [hon at —Aver silver. A custom or rent Zormeriy so called.


AVERAGE.}} A medium. 1 mean propor- Lion.

In old English law. A service by horse or carriage, anciently due by a tenant to his

108

AVERAGE

lord. Cowell. A iabor or service performed with W01-hmg 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 ii is called “g1utttm," and In other parts “rough ings."

1n maritime law. Loss or damage acci dentally happening to a vessel or to its cam: during a \oy.Ige.

Also a small duty paid to masters of ship. when goods are sent ln another m.m's ship. for their care of the goods, over and abow the freight.

In marine insurance. Where loss or damage occurs to a vessel or its cargo at sea, amraye is the adjustment and apportionment 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 suiIer the whole loss, but each contribute ratabiy. Caster v. Insurance 00., 2 Wash. C. C. 51, (S Fed. Cas. (S11; Insur- ance CO. v. Bland, 9 Dana (Ky.) 147; Whitteridge v. Norris. 6 Mass. 1:25; lViclrers0n v. Tyson, 8 Mass. 467; Insurance Co. v Jones, 2 Bin. (Pa.) 552. It is of the following kinds:

General average (also called “gross") consists of expense purposely incurred. sacrifice made, or damage sustained for the Common safety of the vessel, freight, and cargo, or the two or them, at risk, and is to be contributed for by the several interests In the proportion of their respective values exposed to the common danger, and uitimately sur- viving, inciuding the amount or expense sacrifice, or damage so incurred in the contributory value. 2 Phil. Ins. § 1269 et seq. 2 Steph. Comm. 179; Padelford v. Board- man, 4 Mass. 543.

Particular average is a loss happening to the ship, 1'1-eight, or cargo which is not to be shared by contribution among all those interested, but must be borne by the owner or the subject to which it occurs It is thus called in contradistmction to gem-rol aver- age. Bargett v. Insurance Co., 3 Bosw. (N Y.) 395.

Petty average. In marltiuie law. A term used to denote such charges and disbursements as, nrtording to occurrences and the custom of every place, the master necessari- l_v furnishes for the benefit of the ship and cargo. either at the place of loading or un- lo.idiu):, or on the vogage: such as the hirr of a pilot for C0lId|l(‘lllIIg a vessel from one [)l'1('E to another. tow _ . light money, bea conage, anchor-nee, bridge toll. quarantine and such like. Park. Ins. 100. The particulars belonging to this head depend, however, eutlrely upon usage. Abb. Snip. 404.

Simple u/veranda. Particular average, (a. 1.7.) —Average chin-gee. "Average charges for toll and transportation" are understood to mean, and do mean. Pharges made at a mean rate, oh-

tained by dividing the entire receipts for toll