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by ihf ancients as t Chalcidian colony. An important Oscan inscription relates to a treaty with Nola. regarding a joint temple of Hercules, attributable to the >nd century B.c. Under the mly empire it had already become a colony and had perhaps bttn one since the time of Sulla. It has remains of the walls of ibt citadel and of an amphitheatre, and lay on the road from N'ula to Abellinum, which was here perhaps joined by a branch from Suessula.

See J. Beloch, Camfanien (2nd ed., BmUu, 1890), 411 wq.

(T. As.)

AVELLINO. a city and episcopal see of Campania, Italy, the cspiul of the province of Avellino, 1150 f t. above sea-level, 28m. direct and 59 m. by rail E.N.E. of Naples, at the foot of Monte Vergme. Pop. (1001) 23,760. There are ruins of the castle constructed in the oth or loth century, in which the antipope Anacfetus II. crowned Count Roger II. king of Sicily and Apulia. Avdlino is the junction of lines to Benevento and Rocchetta S. Antonio. The name is derived from the ancient Abellinum, the ruins of which lie 2} m. north-east, close to the village of Atripalda. and consist of remains of city walls and an amphitheatre in tfaj rrtifulatunt, i.e. of the early imperial period, when Abellinum appears to have been the chief place of a tribe, to which belonged also the independent communities of the AMliniilts cognamine fntrufi among the Hirpini, and the Atrllinaltt cognominali Wot!among the Apulians (Nissen, tlclixlte Landakundt, {1.822), II lay on the boundary of Campania and the territory of the Hirpini, at the junction of the roads from Nola (and perhaps J!h> from Suessula) and Salcmum to Bcnevcntum.

TlieMonte VeTgine(4i6$ft.)lies4m.totheN.W.of AveUIno; cpon the summit is a sanctuary of the Virgin, founded in 1119, which contains a miraculous picture attributed to S. Luke (the greatest festival is on the 8lh of September). The present church is baroque in style, but contains some works of art of earlier periods. The important archives have been transported to N'iplev (T. As.)

AVEVPACE (Abu Bakr Muhammad fbn Yahya, known as Dm Bljja or Ibn Si'igh, i.t. son of the goldsmith, the name Mug corrupted by the Latins into Avcmpace, Avenpace or AScn Pace], the earliest and one of the most distinguished of the Arab philosophers of Spain. Little is known of the details • his life. He was born probably at Saragossa towards the close cf the nth century. According to Ibn Khaq&n, a contemporary liter, he became a student of the exact sciences and was also a miaician and a poet. But he was a philosopher as well, and tfpattmly » sceptic. He is said to have rejected the Koran, to (uvrdniicd the return to God, and to have regarded death as the mi of existence. But even in that orthodox age he became virier to Ihc amir of Murcia. Afterwards he went to Valencia, ifeoi to Saragossi. After the fall of Saragossa, (1119) he went to Srville, then to Xativa, where he is said to have returned to Islam I" uv? his life. Finally he retired to the Almoravid court at frt. ''here he was poisoned In 1138. Ibn 'Usaibi' a gives a list <J turnty-five of his works, but few of these remain. He had ni-.iinct influence upon Averroes (see Arabian Philosophy).

For hn life see M'C. de Slane's Irani, of Ibn Khallikjn's BwpttJiieal Ditlion&ry (Paris and London, 1843), vol. iii. pp. 130 ff., *w Ibn 't/salbi'a's biography translated in P. <lc Gayangos' edition "* tSp//i';fe»ry of tke Mohammedan Dynasties in Spain, by al-Maqqari iljirKJon. 1840), vol. ii-. appendix, p. xii. Lm of extant works in '.' rJforltclmjnn's Cesehirhte tier arattischen Lilterotur. vol. i. p. 460. Ft h» philosophy cf. T. J. de Boer'i Tke History of Philosophy in it'.* (London, 1903). ch. vi. (G. W. T.)

mNARtTJS, RICHARD HEINR1CH LUDWIO (1843-1896), f^rm»n philosopher, was born in Paris on the >9th of November ''41. His education, begun in Zurich and Berlin, was complcted it the university of Leipzig, where he graduated in 1876. In ><;? he became professor of philosophy in Zurich, where he ted on the i8th of August 1806. At Leipzig he was one of the founders of the Akademisck-fMhsophiiclie Vcrein, and was the irst editor of the VuTltljakmckrifl fitr mssoackaftlicke PkitoutMr. In i86H he published an essay on the Pantheism of His chief works are Pliihsophir alt Dtnkrn da Well dm frimcif dti kleiiule* Kraflmassel (1876) and the

Kritik der reinen Erfahnmg (1888-1800). In these works he made an attempt to co-ordinate thought and action. Like Mach, he started from the principle of economy of thinking, and in the Krilik endeavoured to explain pure experience in relation to knowledge and environment. He discovers that statements dependent upon environment constitute pure experience. This philosophy, called Empirio-criticism, is not, however, a realistic but an idealistic dualism, nor can it be called materialism.

See Wundt, Pnilot. Stud. xiii. (1807); Carstanjen and Willy in Zeitsih. f. wia. Pkilas. xx. (1896). 361 ff.; xx. 57 ff.; xxii. S3 ff.; J. Petxoldt's Einfttkntnt in d. Pkitoi. d. reincn Erfakrunt (1900).

AVENGER OF BLOOD, the person, usually the nearest kinsman of the murdered man, whose duty it was to avenge his death by killing the murderer. In primitive societies, before the evolution of settled government, or the uprise of » systematized criminal law, crimes of violence were regarded as injuries of a personal character to be punished by the sufferer or his kinsfolk. This right of vengeance was common to most countries, and in many was the subject of strict regulations and limitations. It was prevented from running into excesses by the law of sanctuary (g.v.) and in many lands the institution of blood-money, and the wcrgild offered the wrong-doer a mode of escaping from his enemies' revenge. The Mosaic law recognized the right of vengeance, but not the money-compensation. The Koran, on the contrary, while sanctioning the vengeance, also permits pecuniary commutation for murder.

AVENGERS, or Vendicatori, a secret society formed about 1186 in Sicily to avenge popular wrongs. The society was finally suppressed by King William II., the Norman, who hanged the grand master and branded the members with hot irons.

AVENTAIL, or Avantaille (O. Fr. cssxntail, presumably from a Latin word amnlacHlum, air-hole), the mouthpiece of an oldfashioned helmet, movable to admit the air.

AVENTINUS (1477-1534), the name taken by Johann TimUair, author of the Anttales Boiorum, or Annals oj Btivaria, from Aventinum, the Latin name of the town of Abensberg, where he was born on the 4th of July 1477. Having studied at Ingolstadt, Vienna, Cracow and Paris, he returned to Ingolstadt in 1507, and in 1509 was appointed tutor to Louis and Ernest, the two younger sons of Albert the Wise, the late duke of BavariaMunich. He retained this position until 1517, wrote a Lalin grammar, and other manuals for the use of his pupils, and in 1515 travelled in Italy with Ernest. Encouraged by William IV., duke of Bavaria, he began to write the Annales Boiwum, about 1517, and finishing this book in 1521, undertook a German version of it, entitled Baytrscne Cnronik, which he completed some years later. He assisted to found the SnJalilas lilleraria Angitoslodemii, under the auspices of which several old manuscripts were brought to light. Although Aventinus did not definitely adopt the reformed faith, he sympathized with the reformers and their teaching, and showed a strong dislike lor the monks. On this account he was imprisoned in 1528, but his friends soon effected his release. The remainder of his life was somewhat unsettled, and he died at Regcnsburg on the olh of January 1534. The Annales, which arc in seven books, deal with the history of Bavaria in conjunction with general history from the earliest times to 1460, and the author shows a strong sympathy for the Empire in its struggle with the Papacy. He took immense pains with his work, and to some degree anticipated the modern scientific method o( writing history. The Annulet were first published in 1554, but many important passages were omitted in this edition, as they reflected on the Roman Catholics. A more complete edition was published at Basel in 1580 by Nicholas Cisncr. Aventinus, who has been called the" Bavarian Herodotus," wrote other books of minor importance, and a complete edition of his works was published at Munich (iS8ii8S6). More recently a new edition (six vols.) has appeared.

See T. Wiedemann, Johann Turmair gen. Awntinm (Freising, 1858): W. Dittmar, Avrnliis (Nordlingen. r862): J. von Diillingcr, Avenlin and sfine Zril (Munich. 1877); S. Ricilcr, Zum Sfhultc der nrwstrn Edition con Ai-entins Annolen (Munich, 1886); F. X. von Wegele. Arenlia (Bamberg. 1890).

AVENTURINE, or Avanturine, a variety of quartz containing spangles of mica or scaks of iron-oxide, which confer brilliancy on the stone It is found chiefly in the Ural Mountains, and is cut for ornamental purposes at Ekaterinburg. Some of the Siberian aventurine, like that of the vase given by Nicholas I. to Sir R. Murchison, in 1843, is a micaceous iron-stained quartz, of but little beauty. Most aventurine is of reddish brown or yellow colour, but a green variety, containing scales of fuchsitc or chrome-mica, is also known. This green aventurine, higiily valued by the Chinese, is said to occur in the Bcllary district in India.

Aventurine felspar, known also as Sun-stone (q.t.) is found principally at Tvedestrand in south Norway, and is a variety of oligoclase enclosing micaceous scales of haematite. Other kinds of felspar, even orthoclase, may however also show the aventurine appearance. Both plagioclastic and orthoclastic aventurine occur at several localities in the United States.

The mineral aventurine takes its name from the well-known aventurinc-glass of Venice. This is a reddish brown glass with gold-like spangles, more brilliant than most of the natural stone. The story runs that this kind of glass was originally made accidentally at Murano by a workman, who let some copper filings fall into the molten "metal," whence the product was called amtnlurino. From the Murano glass the name passed to the mineral, which displayed a rather similar appearance. (F. W. R.*)

AVENUE (the past participle feminine of Fr. awntr, to come to), a way of approach; more particularly, the chief entranceroad to a country house, with rows of trees on each side; the trees themselves are said to form the avenue. In modern times the word has been much used as a name for streets in towns, whether with or without trees, such as Fifth Avenue in New York, or Shaftcsbury Avenue in London.

AVENZOAR, or Abuhekoh [AbO Merwgn 'Abdal-Malik ibn Zuhr], Arabian physician, who flourished at the beginning of the uth century, was born at Seville, where he exercised his profession with great reputation. His ancestors had been celebrated as physicians for several generations, and his son was afterwards held by the Arabians to be even more eminent in his profession than Avcnzoar himself. He was a contemporary of Averroes, who, according to Leo Africanus, heard his lectures, and learned physic of him. He belonged, in many respects, to the Dogmatists or Rational School, rather than to the Empirics. He was a great admirer of Galen; and in his writings he protests emphatically against quackery and the superstitious remedies of the astrologers. He shows no inconsiderable knowledge of anatomy in his remarkable description of inflammation and abscess of the mediastinum in his own person, and its diagnosis from common pleuritis as well as from abscess and dropsy of the pericardium. In cases of obstruction or of palsy of the gullet, his three modes of treatment are ingenious. He proposes to support the strength by placing the patient in a tepid bath of nutritious liquids, that might enter by cutaneous imbibition, but does not recommend this. He speaks more favourably of the introduction of food into the stomach by a silver tube; and he strongly recommends the use of nutritive enemata. From his writings it would appear that the offices of physician, surgeon and apothecary were already considered as distinct professions. He wrote a book entitled The Method of Preparing Medicines and Diet, which was translated into Hebrew in the year 1280, and thence into Latin by Paravicius, whose version, first printed at Venice, 1400, has passed through several editions.'

AVERAGE, a term found in two main senses, (i) The first, which occurs in old law, is from a Law-Latin awragium, and is connected with the Domesday Book tncra, the "day's work which the king's tenants gave to the sheriff"; it is supposed to be a form of the O. Fr. owe (anivre), work, affected by aver, the 0. Eng. word for cattle or property, but the etymology is uncertain. As meaning some form of feudal service rendered by tenants to their superiors, it survived for a long time in the Scottish phrase " arriage and carriage," this form of the word being due to a contraction into " arage." (j) The second word, which represents the modern usages, is also uncertain in its

derivation, but corresponded with the Fr. atari*, and »as early spelt "avcrays," recurring also as "avaria," "avcria," and meaning a certain tax on goods, and then more precisely in maritime law any charge additional to " freight " (see AffreightMent), payable by the owner of goods sent by ship. Hence the modern employment of the term for particular and general average (see below) in marine insurance. The essential of equitable distribution, involved in this sense, was transferred to give the word " average " its more colloquial meaning of an equalization of amount, or medium among various quantities, or nearest common rate or figure. (For a discussion of the etymology, sec the New English Dictionary, especially the concluding note with reference to authorities.)

In Shipping.—Average, in modern law, is the term used in maritime commerce to signify damages or expenses resulting from the accidents of navigation. Average is either (ener^l or particular. General average arises when sacrifices have been made, or expenditures incurred, for the preservation of the ship, cargo and freight, from some peril of the sea or from its effects. It implies a subsequent contribution, from all the parties concerned, rateably to the values of their respective interests, to make good the loss thus occasioned. Particular average signifies the damage or partial loss happening to the ship, goods, or freight by some fortuitous or unavoidable accident. It is borne by the parties to whose property the misfortune happens or by their insurers. The term average originally meant what is now distinguished as general average; and the expression "particular average," although not strictly accurate, came to be afterwards used for the convenience of distinguishing those damages or partial losses for which no general contribution could be claimed.

Although nothing can be more simple than the fundamental principle of general average, that a loss incurred for the advantage of all the coadventurcrs should be made good by them all in equitable proportion to their stakes in the adventure, the application of this principle to the varied and complicated cases which occur in the course of maritime commerce has given rise to many diversities of usage at different periods and in different countries. It is soon discovered that the principle cannot be applied in any settled or consistent manner unless by the aid of rules of a technical and sometimes of a seemingly arbitrary character. The difficulty, which at one time seemed nearly insuperable, of bringing together the rules in force in the several maritime countries, has been to a large extent overcome,—not by legislation but by framing a set of rules covering the principal points of difference in such a manner as to satisfy, on the whole, those who are practically concerned, and to lead them to adopt these rules in their contracts of affreightment and contracts of insurance (see Insurance: Uariae). The honour of the'achievement belongs to a small number of men who recognized the Htttnry a/ need of uniformity. The work began in May 1860 at ">« for*, a congress held at Glasgow, under the presidency of Al^^"v Lord Brougham, assisted by Lord Ncaves. Further congresses wore held in London (1862), and at York (1864), when a body of rules known as the " York Rules " was agreed to. There the matter stood, until it was taken up by the "Association for the Reform and Codification of the Law of Nations" at conferences held at the Hague (1875), Bremen (1876) and Antwerp (1877). Some changes "were made in the "York Rules"; and so altered, the body of rule* was adopted at the last-named conference, and was styled the "York and Antwerp (or York-Antwerp) Rules." The value of these rules was quickly perceived, and practical use of them followed. But they proved to be insufficient, or unsatisfactory, on some points; and again, in the autumn of 1800, a conference on the subject was held, this time at Liverpool, by the ume Association, under the able presidency of Dr F. Sicveking, president of the Hanseatic High Court of Appeal at Hamburg. Important changes were then madr, carrying further certain departures from English law. already apparent in the earlier rules, in favour of views prevailing upon the comment of Europe and in the United Slates, The new rules were styled the YorkAntwerp Rules 1890. In practice they quicVly displaced those ol 1877, and in 1892, at a conference of the same Association feld at Genoa, it was formally dcdarcd that thconlyinternational rules of general average having the sanction and authority of the issocialion were the York-Antwerp Rules as revised in 1890, and thai the original rules were rescinded. It is this later body of rules which is now known as the York-Antwerp Rules. Reference is now to be found in most English contracts of carriage ind contracts of insurance, to these rules, as intended to govern the adjustment of G.A. between the parties; with the result that (so far as the rules cover the ground) adjustments do not depend opoo the law of the place of destination, and so do not vary according to the destination, or the place at which the voyage ouy happen to be broken up, as used formerly to be the case. The rules are as follows:—

Rule I.—Jettison Of Deck Cargo No jettison of deck cargo shall be made good as G.A. Every structure not built in with the frame of the vessel shall be considered to be a part of the deck of the vessel.

Rut* IT.—Damage By Jettison And Sacrifice For The Common Safety

Damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by nater vhich goes down a ship's hatches opened, or other opening maffe for the purpose of making a jettison for the common safety, •bail be made good as G.A.

Rule HI.—Extinguishing Fire On Shipboard

Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by tx-aching or scuttling a burning Aip, Id extinguishing a fire on board the ship, shall be made good •a ' M . except that no compensation shall be made for damage to well portions of the ship and bulk cargo, or to such separate p*±ages of cargo, as have been on fire,

Rule IV.—Cutting Away Wreck

Ion or damage caused by cutting away the wreck or remains of ^erv or oJ other things which have previously been carried away ty KS'peril. shall not be made good as G.A.

Rule V.—Voluntary Stranding

When a ship is intentionally run on shore, and the circumstances in mch that if that course were not adopted she would inevitably ank, or drive on shore or on rocks, no loss or damage caused to the ship, cargo and freight, or any of them, by such intentional running on shore, shall Dc made good as G.A. But in all other Cmc* where a ship is intentionally run on shore for the common «il«iy. the consequent loss or damage shall be allowed as G.A.

RctiVL—Carrying Press Of Sail—Damage To Or Loss Of Sails

Damage to or low of sail* and spars, or cither of them, caused by forcing a ship of! the ground or by driving her higher up the ground, for the common safety, shall be made good as G.A.; out where a tiiip is afloat, no loss or damage caused to the ship, cargo and freight, c* any of them, by carrying a press of sail, shall be made good as


Rnr VII.—Damage To Excises Ik Refi.oating A Snir

D»maj* caused to machinery and boilers of a ship which is tthorr and in a position of peril, in endeavouring to refloat, shall be i1; i*..->! m G.A.. when shown to have arisen from an actual Qtcnrion to float the ship for the common safety at the risk of •och damage,

Rn.s VIII.—Expenses Of Lightening A Ship When Ashore, And Consequent Damage

\\~krn a ship Ib ashore, and, in order to float her, cargo, bunker cult anrl thip's •tores, or any of them, are discharged, the extra «*t <rf tightening, lighter hire, and rcshipping (if incurred), and to hat or damage sustained thereby, shall Dc admitted as G.A.

Rcit IX.—Cargo, Ship's Materials, And Stores Burnt For Fuel

Cargo, ship's materials and stores, or any of them, necessarily tarnt for fuel for the common safety at a time of peril, shall be hlaitrecl a» G.A., when and only when an ample supply of fuel bd been provided; but the estimated quantity of coals that would fc*ff been consumed, calculated at the price current at the ship's kot port of departure at the date of her leaving, shall be charged (6 the shipowner and credited to the G.A.

Rule X.—Expenses At Port Op Refuge, &c.

(-1) When a ship shall have entered a port or place of refuge, or •'-ill have returned to her port or place of loading, in consequence c' *rridenf. weririce, or other extraordinary circumstances, which Ruder that nccrwtry for the common safety, the expenses of soch port or pUce shall be admitted as G.A.; and when

she shall have sailed thence with her original cargo, or a part of it, the corresponding expenses of leaving such port or place, consequent upon such entry or return, shall likewise be admitted as G.A.

(61 The cost of discharging cargo from a ship, whether at a port or place of loading, call or refuge, shall be admitted as G.A., when the discharge was necessary for the common safety or to enable damage to the ship, caused by sacrifice or accident during the voyage, to be repaired, if the repairs were necessary for the safe prosecution of the voyage.

(c) Whenever the cost of discharging cargo from a ship is admissible as G.A.. the cost of reloading and storing such cargo on board the said ship, together with all storage charges on such cargo, shall likewise be so admitted. But when the ship is condemned or does not proceed on her original voyage, no storage expenses incurred .if ter the date of the ship s condemnation or of the abandon* mcnt of the voyage shall be admitted as G.A.

(</) If a ship under average be in a port or place at which it is practicable to repair her, Bo as to enable her to carry on the whole cargo, and if, in order to save expenses, cither she is towed thence to some other port or place of repair or to her destination, or the cargo or a portion of it is transhipped by another ship, or otherwise forwarded, then the extra cost of such towage, transhipment and forwarding, or any of them (up to the amount of the extra expense saved), shall be payable by the several parties to the adventure in proportion to the extraordinary expense saved.

Rule XI.—Wages And Maintenance Of Crew In Port Of Refuge, &c.

When a ship shall have entered or shall have been detained in any port or place under the circumstances, or for the purposes of the repairs, mentioned in Rule X., the wages payable to the master, officers and crew, together with the cost of maintenance of the same, during the extra period of detention in such port or place until the ship snail or should have been made ready to proceed upon her voyage, shall be admitted as G.A. But when this ship is condemned or docs not proceed on her original voyage, the wages and maintenance of the master, officers and crew, incurred after the date of the ship's condemnation or of the abandonment of the voyage, shall not be admitted as G.A.

Rule XII.—Damage To Cargo In Discharging, Ac.

Damage done to or loss of cargo necessarily caused in the act of discharging, storing, reloading and stowing shall be made good a* G.A. when and only when the cost of those measures respectively is admitted as G.A.

Rule XIII.—Deductions From Cost Of Repairs

In adjusting claims for G.A., repairs to be allowed in G.A. shall be subject to.lhe following deductions in respect of " new for old," viz.:—

In the case of iron or steel ships, from date of original register to the date of accident;—


Up to

I year old


I and 3 years


Between 3 and 6 years

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All repairs to be allowed in full, except painting or coating of bottom, from which one-third is to be deducted.

One-third to be deducted off repairs to and renewal of woodwork of hull, masts and spars, furniture, upholstery, crockery, metal and glassware, also sails, rigging, ropes, sheets and hawsers (other than wire anil chain), awnings, covers and painting.

One-sixth to be deducted off wire rigging, wire ropes and wire hawsers, chain cables and chains, donkey engines, steam winches and connexions, steam cranes and connexions; other repairs in full.

Deductions as above under clause B. except that one-sixth be deducted off ironwork of masts and spars, and machinery (inclusive of boilers and their mountings).

Deductions as above under clause C, except that one-third be deducted off ironwork of masts and spars, repairs to and renewal of all machinery (in

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clusive of boilers and their mountings), and all hawsers, ropes, sheets and rigging.

One-third to be deducted off all repairs and relo& 15 years J ncwals, except ironwork of hull and cementing and (£.) 1 chain cables, from which one-sixth to be deducted. Anchors to be allowed in full.

One-third to be deducted off all repairs and renewals. Anchors to be allowed in full. One-sixth to be deducted off chain cables.

The deductions (except as to provisions and stores, machinery and boilers) to be regulated by the age of the ship, and not the age of the particular part of her to which they apply. No painting bottom to be allowed if the bottom has not been painted within six months previous to the date of accident. No deduction to be made in respect of old material which is repaired without being replaced by new, and provisions and stores which have not been in use


In the case of wooden or composite skips:—* When a ship is under one year old from date of original register, at the time of accident, no deduction " new for old " shall be made. After that period a deduction of one-third shall be made, with the following exceptions:—

Anchors shall be allowed in full. Chain cables shall be subject to a deduction of one-sixth only.

No deduction shall be made in respect of provisions and stores which had not been in use.

Metal sheathing shall be dealt with, by allowing in full the Com of a weight equal to the gross weight of metal sheathing stripped off, minus the proceeds of the old metal. Nails, felt and labour metalling are subject to a deduction of onethird. In the case of shifts generally:

In the rase of all shin , the expense of straightening bent ironwork, including labour of taking out ana replacing it, shall be allowed in full.

Craving dock dues, including expenses of removals, cartages, use of shears, stages and graving dock materials, shall be allowed in full.

Rule XIV.—Temporary Repairs

No deductions "new for old" shall be made from the cost of temporary repairs of damage allowable as G.A.

Rule XV.—Loss Of Freight

Loss of freight arising from damage to or loss of cargo shall be made good as G.A., cither when caused by a G.A. act or when the damage to or loss of cargo is so made good. Rule XVI.—Amount To Be Hade Good For Cargo Lost Or

Damaged By Sacrifice

The amount to be made good as G.A. for damage or toss of goods sacrificed shall be the loss which the owner of the goods has sustained thereby, based on the market values at the date of the arrival of the vessel or at the termination of the adventure.

Rule XVII.—Contributory Values

The contribution to a G.A. shall be made upon the actual values of the property at the termination of the adventure, to which shall be added the amount made good aa G.A. for property sacrificed; deduction being made from the shipowner's freight and passagemoney at risk, of such port charges and crew's wages as would not have been incurred had the ship and cargo been totally lost at the date of the G.A. act or sacrifice, and have not been allowed as G.A.; deduction being also made from the value of the property of all charges incurred in respect thereof subsequently to the G.A. act, except such charges as arc allowed in G.A.

Passengers' luggage and personal effect!, not shipped under bill of lading, shall not contribute to G.A.

Rule XVIII.—Adjustment

Except as provided in the foregoing rules, the adjustment shall be drawn up in accordance with the Taw and practice that would have governed the adjustment had the contract of affreightment not contained a clause to pay G.A. according to these rules.

The above rules differ in some important respects from English common law, and from former English practice. They follow ideas upon the subject of G.A. which have prevailed in practice in foreign countries (though often in apparent opposition to the language of the codes), in preference to the more strict principle of the common law applied by English courts. That principle requires that, in order to have the character of G.A. a sacrifice or expenditure must be made for the common safely of the several interests in the adventure and under the pressure of a common risk. It is not enough that the sacrifice or expenditure is prudent, or even necessary to enable the common adventure to be completed. G.A., on the English view, only arises where the safety of the several interests is at stake. "The idea of a common commercial adventure, as distinguished from the common safety from the sea," is not recognized. It is not sufficient "that an expenditure should have been made to benefit both cargo owner and shipowner."1

Thus expenses incurred after ship and cargo are in safety, say at a port of refuge, are not generally, by English law, to be treated Portet a3 G.A.; although the putting into port may have nfugf Ck* been for safety, and therefore a G.A. act. If tne putri'i't-s. l'n? mtort nas keen necessitated by a G.A. sacrifice, as by cutting away the ship's masts, the case is different; the port expenses, the expenses of repairing the G.A. damage, and the incidental expenses of unloading, storing and reloading the cargo arc, in such a case, treated as consequences of the original sacrifice, and therefore subjects for contribution. But where the i- • '.i for putting in is to avoid some danger, such as a storm or

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hostile cruiser, or to effect repairs necessitated by some accidental damage to the whip, the G.A. sacrifice is considered to be at an end when the port has been reached, if the ship and cargo are then in physical safety. The subsequent expenditure in the port is said not to How from that sacrifice, but from the necessity of completing the voyage, and is incurred in performance of the shipowner's obligation under his contract. The practice of English average adjusters ha* indeed modified this strict view by treating the expense of unloading As G.A.; but it may well be doubted whether that practice can be legally supported. Moreover, expenditure in the port which is incurred in protecting the cargo a» in warehousing it, is by English practice treated as a charge to be borne by the cargo lor whose benefit it was incurred.

If we turn now to York-Antwerp Rule X., it will be seen that a much broader view is adopted. Whatever the Tcason for putting into the port of refuge, provided it was necessary for the common safety, the expenses of going in, and the consequent expenses of getting out (if she sails again with all or part of her original cargo), are allowed as G.A., Rule X. (a). Further, the cost of discharging the cargo to enable damage to the ship to be repaired, whether caused By sacrifice or by accident during the voyage, is to be allowed as G.A., " if the repairs were necessary for the safe prosecution of the voyage," Rule X. (b). And that is to be so even where such repairs arc done at a port of (all. as well as where done at a port ol rtftige. Again, when the cost of discharging is treated a& C.A., ao also arc to be the expenses of storing the cargo on shore, and of reloading and stowing it on board, after the repairs have been done (Rule It. i, i i. tozi'thcr with any damage or loss incidental to those ooerations (Rule All.).

Further, by Rule XI. the wages of the master, officers and crew.


and the cost of their maintenance, during the detention of a ship under the circumstances or for the purpose of the repairs mentioned in Rule X., are to be allowed in G.A. It is questionable whether English law allows the wages and maintenance of the crew at a port of refuge in any case. \\here the detention i* to repair aii.idrt.fnl damage it seems clear that they arc nut allowed. And in practice under common law, the allowance i» never made; so that Rule XI. is an important concession to the shipowner. Like the changes introduced by Rule X., it is a change towards the practice in foreign countries.

It may be noted that the rules do not afford equal protection to a shipper in the comparatively infrequent case of his being put to expense by the delay at a port of refuge. Thus a shipper of catrle is not entitled to have the extra wages and provisions of his rattlemen on board, nor the extra fodder consumed by the cattle during the stay at a repairing port, made as good as G.A. under Rulca XT and X. (Anglo-Argentine &c. Agency v. Temptrlty Shipping Co., 1899. 2 Q.B. 403).

As to the acts which amount to G.A. sacrifices, as distinguished from expenditures, the York-Antwerp Rules do'not much alter English common law. They do, however, make definite 0^04^1 provisions upon some poin*9 °i* which authority was mt-f scanty or doubtful. (See Rules I.-IX.)^ And in Rule I., as to jettison of deck cargo, a change is made from the common law rule, for the jettison is not allowed as G.A. even though the cargo be carried on deck in accordance with an established custom of the particular trade.

Rule III. deals with damage done in extinguishing fire on board a ship. Modern decisions have cleared away the old doubts whelhrr such damage to ship or cargo should, at law, be allowed in G.A. But recent cases in the United States have raised the quest K«i whether the allowance should be made where the fire occurs in poit. and is extinguished, not by the master, but by a public authority acting in the interests of the public. The Supreme Court of tlic United States decided against the allowance in 1894 in a case of Ralli v. Troup (157 U.S. 386). The ship had there been scuttlrj to put out a fire on board, by the port authority, acting upon ihf ir own judgment, but with the assent of the master. It was ncld that the damage suffered by ship ami cargo ought not to be made good by G.A. contributions; for the sacrifice had not been made "by some one specially charged with the control and safety ol that adventure," but was the compulsory act of a public authority. On the other hand, in the English case of I'abayattni v. Grampian 5.5 Co. (I. Com. Ca. 448), Mathuw, J.. held that the scuttling of a ship at a port of refuge in Algeria, by orders of the captain of the port, was a G.A. act. It had Wen done in the interest of ship and cargo, and there was no evidence of any other motive.

Rule V. deals with the question whether, and under what conditions, a voluntary stranding of the ship is a G.A. act, in a manner which will probably be hcldto express the law in England when the matter comes up for decision.

Rules VI. and V'll. deal with the damage sustained hy the ship, or her appliances, in efforts to force her off the ground when »hc has stranded. Such efforts Involve an abnormal u*e which is likely to cause damage to sails and spars, or to engines and boilers; ana they are treated as acts of sacrifice. The case of "TheBona." 1*95 (P. 125) shows that the rules are in accord with English Uw upon the point. The court of appeal held that !•••'• the damage suBUine^i by the engines while worked to get the ship off, and the coal and store* consumed, were subjects for G.A, contribution at common law.


Rule VIII. allow* as G.A. any damage sustained by cargo when dutharord and, say, lightered for the purpose of getting the ship off A strand. And the corresponding damage in the case of cargo discharged at a port of refuge to enable repairs to be done to the ship is itlownj by Rule XII. But in the latter case the allowance docs f-.t exprcttty extend to damage sustained while stored on land. tt hither the Uw would require contribution to a loss of goods, say, V< thieves or by fire, white landed for repairs, is not clear. Where the landing has been necessitated by a G.A. act, as cutting away tna*ii, it would seem that the loss ought to be made good, as being • result of the special risks to which those goods have thereby been excused. The risks which they would have run if they had remained Uxird throughout arc fatten into account, as will presently r, in estimating how much of the damaee is to be made good. retr cattle were taken into a port of refuge in Brazil, owing to an idenul litrnaee to the ship, with the result that they could not letiJIy Ur landed at their destination (Dcptford), and had to be uVfMi to another port (Antwerp), at which they were of much less *v!ue. this low of value was allowed in G.A. (Anglo- Argentine &c. Xmo v. Temptrtey Shipping, Co., 1899, 2 Q.B. 403).

The a-t of a stranded ship and cargo often gives rise to difficulty ai to whether the cost of uperations to lighten the ship, and after»irdj to get her floated, should be treated as G.A. expenditure, or to aprn*e$ separately incurred in saving the separate interests. The true conclusion seems to be that either the whole operation tbiuld be treated as one for the common safety, and the whole npftaf be contributed to by all the interests saved, or else the •evtrzl parts of the operation should be kept distinct, debiting the out of c,»ih tn the interests thereby saved. Which of these two Vkw* iliuuld be adopted in any raw seems to depend upon the natives with which tnc earlier operations (usually the discharge of the carpo) were presumably undertaken. It may, however, happen that tim te*t cannot be applied once for all. Take the case of a stnrotcii *bip carrying a bulky cargo of hemp and grain, but carrying •ho «imc bullion. Suppose this last to be rescued and taken to a place of safety at small expense in comparison with its value. It nuy well be that that operation must be regarded as done in the ml *nst simply i»f the bullion itself, but that the subsequent operations nf lightening the ship and floating her can only be properly rrvmli-d as undertaken in the common interest of ship, hemp, grain *nd In-ight, In such a case there will be a G.A. contribution towards thru* Uicr upprat ions by thoae intercuts. But the bullion will not contnhutr : it will merely bear the expense of its own rescue (Royal Mail S.P.C* v. Etitfttk Bank of Rio de Janeiro, 1887, 19(

The Y uric-Antwerp Rules have not only had the valuable result

mrroduring uniformity where there had been great variety, and ^jf*rting certainty as to the principles which will be acted m -ulju»ting any G.A. loss, but also they have introduced -rr clearness and dcfinitcness on points where there had been nt of definition. Thus Rule XII I. has laid down a careful and definite scale to regulate the deductions from the cost of repairs, in f " new for old," in place of the former somewhat uncertain oourv rules which varied accor c at the iamc time the opportu

rules which varied according to the place of adjustment; he iamc time the opportunity has been taken of adapting; the w^alt of deductions to modern conditions of shipbuilding. Ana


Knle XVII. lays down a rule as to contributory values in place of the »»kly varying rul<?»of different countries as tot he amounts upon which tbp and (night shall contribute (cf. Cow, Marine. Insurance, 305).

It may be of. interest to refer briefly to one or two main principles which govern the adjustment (q.v.) of general average, t; the calculation of the amounts to be made good and paid by the several interests, which is a complicated matter. The fundamental idea is that the several interests at risk shall cotitributr En proportion to the benefits they have severally rcttived by the completion of the adventure. Contributions ire not made in proportion to the amounts at stake when the aciifice was made, but in proportion to the results when the ad vent are has come to an end. An interest which has become Vc*t after the sacrifice, during the subsequent course of the voyage, will pay nothing; an interest which has become deprrciated will pay in proportion to the diminished value. The Utility to contribute is inchoate only when the sacrifice has been mi'k. It becomes complete when the adventure has come to in end, cither by arrival at the destination, or by having been broken up at some intermediate point, while the interest in quntion ctill survive*. To this there is one exception, in the cue of G.A. txptitditure. Where such expenditure has been incurred by the owner of one interest, generally by the shipwwi, the repayment to him by the other interests ought not La be wholly dependent upon the subsequent safety of those interests at the ultimate destination. If those other interests or ttfut of them arrive, or are realized, as by being landed at an wtcnoediaie port, the rule (as in the case of G.A. sacrifices)

is that the contributions are to be in proportion to the arrived or realized values. But if all are lost the burden of the expenditure ought not to remain upon the interest which at first bore if, and the proper rule seems to be that contributions must be made by all the interests which were at stake when it was made, in proportion to their then values.

Again, the object of the law of G.A. is to put one whose property is sacrificed upon an equal footing with the rest, not upon a better footing. Thus, if goods to the value of £100 have been thrown overboard for the general safety, the owner of those goods must not receive the full £100 in contribution. He himself must bear a part of it, for those goods formed part of the adventure for whose safety the jettison was made; and it is owing to the partial safety of the ad venture that any contribution at all is received by him. He, therefore, is made to contribute with the other saved interests towards his own loss, in respect of the amount " made good " to him for that. The full £100 is treated as the amount to be made good, but the owner of the goods is made to contribute towards that upon the sum of £100 thus saved to him.

The same principle has a further consequence. The amount to be made good will not necessarily be the value of the goods or other property in their condition at the time they were sacrificed; so to calculate it would in effect be to withdraw those goods from the subsequent risks of the voyage, and thus to put them in a better position than those which were not sacrificed. Hence, in estimating the amount to be made good, the value of the goods or property sacrificed must be estimated as on arrival, with reference to the condition in which they would probably have arrived had they remained on board throughout the voyage

The liability to pay G.A. contributions falls primarily upon the owner of the contributing interest, ship, goods or freight. But in practice the contributions arc paid by Che insurers of the several interests. Merchants seldom have to concern themselves with the subject. And yet in an ordinary policy of insurance there is no express provision requiring the underwriter to indemnify the assured against this liability. The policy commonly contains clauses which recognize such an obligation, e.g. a warranty against average "unless general," or an agreement that G.A. shall be payable "as per foreign statement," or "according to York-Antwerp Rules"; but it does not directly state the obligation. It assumes that. The explanation seems to be that the practice of the underwriter to pay the contribution has been so uniform, and his liability has been so fully recognized, that express provisions were needless. But one result has been that very differing views of the ground of the obligation have been held. One view has been that it is covered by the sue and labour clause of an ordinary policy, by which the insurer agrees to bear his proportion of expenses voluntarily incurred " in and about the defence, safeguard and recovery" of the insured subject. But that has been held to be mistaken by the House of Lords (Aitchison v. Lokre, 1879,4 A.C. 755). Another view is that the underwriter impliedly undertakes to repay sums which the law may require the assured to pay towards averting losses which would, by the contract, fall upon the underwriter. Expenses voluntarily incurred by the assured with that object are expressly made repayable by the sue and labour clause of the policy. It might well.be implied that payments compulsorily required from the assured by law for contributions to G.A., or as salvage for services by salvors, will be undertaken or repaid by the underwriter, the service being for his benefit. But the decision in Aitchison v. Lohre negatives this ground also. The claim was against underwriters on a ship which had been so damaged that the cost of repairs had exceeded her insured value. A claim for the ship's contribution to certain salvage and G.A. expenses which had been incurred, over and above the cost of repairs, was disallowed. The view seems to have been that the insurer is liable for salvage and G.A. payments as losses of the subject insured, and therefore included in the sum insured, not aa collateral payments made on his behalf. This bases the claim against the insurer upon a fiction, for there has been no loss of

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