Abbildungen der Seite













[ocr errors]

defence both of the south and of the west face of the town, place, taken altogether, affords few indications of industry It is divided into the upper and lower, or the lesser and or commercial enterprise. the larger town, both of which are fortified.

AVALLON, a town of France, in the department of The brick wall that surrounds the city is 154 feet in height Yonne, finely situated on a granite rock, at the foot of and 10 feet in thickness, on the inside of which is thrown up a which flows the river Voisin or Cousin. The church of bank of earth, forming an angle of 45 degrees. There is a St. Lazare, which dates from the 12th century, is a good ditch round the outer wall which is inconsiderable, and in the specimen of Burgundian Gothic. Manufactures of cloth, dry season fordable in every part. The lesser town is chiefly hats, hosiery, leather, and paper are carried on, and there occupied by the royal palace, the hall of justice, the council is a considerable traffic in firewood, which is conveyed by chamber, the arsenal, and the habitations of a few courtiers of the Voisin, the Yonne, and the Seine to Paris. The town distinction. A strong well-built wall of more solid construction than the outer wall of the city, and about 20 feet high; France, but was finally united to the crown on the death

was long an object of dispute between Burgundy and on the outside is a teak-wood stockade of the same height.' The of Charles the Bold. It was pillaged by the Leaguers in ditch which surrounds the lesser town is, moreover, deeper and 1594. Population, 6070. Long. 3° 56' 8., lat. 47° 30' N. broader than that of the city, and when full is not to be forded. AVATCHA, one of the numerous volcanoes of KamThere are, however, three causeways across, which communicate chatka, in lat. 53° 17' N., and long. 158° 50' E. It rises to with the adjacent country. The circumference of the city, ex- a height of nearly 9000 feet (Mr. Kennan says 11,000), and cluding the suburbs, is about 54 miles, but over this extensive has an extensive crater at the summit and another on its area the houses are but thinly scattered; some quarters are, side. It was in active eruption in 1827, 1837, and 1855. indeed, wholly destitute of habitations, and have the appear. About twenty miles to the south lies the village of Avatcha ance merely of neglected commons. In general the dwellings on a river of the same name; and in the immediate neighof the inhabitants are of the most miserable sort, being mere borhood of the mountain is situated the little town of hats thatched with grass. Wretched as are such habitations to European eyes, the poorer classes are perhaps as well lodged Petropavlovski, which contains memorials of Behring and here as in any other parts of Asia. Their sleeping-places are

La Perouse, and was the scene of a desperate conflict elevated 2 or 3 feet from the ground. Some of the houses during the Crimean War between the Russians and an of the chiefs are constructed of planks, and tiled; but there invading party of the allies. are not, according to Mr. Crawford, more than half-a-dozen AVEBURY, a village of England, in the county of edifices built of brick and mortar. Ava, like all the other Burmese towns, is adorned with numerous temples, of which the gilded spires, rising aloft, present on a distant view of the place a splendid and imposing appearance, which is far from being realized on a nearer inspection. The largest of these temples contains two distinct edifices, one in the ancient, the other in a modern form; the former containing an image of Gautama, not of marble, as Symes supposes, but of sandstone. It is in a sitting posture, and is 24 feet in height. The head is 8 feet in diameter. There is another very large temple, and a third named the “Beautiful." The one called MaongRatna is of great celebrity; it is the one in which the pablic officers of the government take, with the most solemn forms, the oath of allegiance. The temple called Maba-mrat-muni had an addition made to it some years ago, of which Mr. Crawford mentions that the numerous and richly-gilded pillars and splendid ceiling exceeded anything that was to be seen without the palace. Ava contains eleven markets or bázárs, composed of thatched buts and sheds, which, however, are well supplied with all that is necessary for the wants of the people. Besides native commodities, there are exposed in these markets the produce of China and Lao, with British cottons, woollens, glass, and earthenware. The Burman monasteries are mostly built of wood; and of those composed of more solid materials, a few ancient ones are nearly all that are to be seen. The only exception is a monastery, built some years ago by the queen, adjoining the palace—an unshapely

Plan of Avebury. fabric of immense size, but a very conspicuous object.

This former capital of the Burman dominions compre- Wilts, 6 miles W. of Marlborough. It occupies the site of hends, according to the political divisions of that empire, the one of the most remarkable megalithic structures in bwn of Sagaing, on the opposite shore of the Irawadi, and England. This consisted of a large outer circle formed of the town of Amarapura, 4 miles to the east. The town of 100 stones of from 15 to 17 feet in height, and about 40 Sagaing extends along the Irawadi for more than a mile feet in circumference, enclosing an area of about 1000 feet and a half, but is of inconsiderable breadth. It consists in diameter. This circle was surrounded by a broad ditch of mean houses thinly scattered among gardens and and lofty rampart. Within its area were two smaller orchards, the principal trees in the latter consisting of circles, 350 and 325 feet in diameter respectively, each fine old 'tamarinds. Over the site of the town and its consisting of a double concentric row of stones, –a stone environs are scattered innumerable temples, some of them pillar or maenhir, 20 feet high, occupying the centre of the old and ruinous, others modern. On the river face it has one, and a cromlech or dolmen that of the other. A long a brick wall about 10 feet in height, with parapet and avenue of approach, now known as the Kennet Avenue, embrasures like that of Ava, and extending for above half consisting of a double row of stones, branched off from this a mile along the river. Amarapura is a large place, and structure towards the S.E. for a distance of 1430 yards. was formerly the capital ; but Ava, which was twice before Few traces of this immense erection now remain-the the capital, was again made so in 1822. It continued to stones having been broken down and used in the construcbe so till 1853, when the present king, on his accession, tion of the houses of the village, and for other purposes. transferred the capital to Mandalay. To each of the In the vicinity are two other monuments of great importtowns of Ava, Sagaing, and Amarapura, are attached dis- ance, which may be regarded as belonging to the same tricts, the two former of which extend 12 miles along the group, namely, the double oval of megaliths on Hakpen river, and are of equal breadth. The district of Amara- Hill-Haca's pen—and the artificial mound known as pura is of equal size, so that Ava must be considered as Silbury Hill. The Hakpen oval was, according to Stuke not only the name of the former capital, but of a large ley, 138 feet by 155, and had an avenue 45 feet wide district, which includes an area of 288 miles, containing, stretching in the direction of Silbury Hill. This hill according to the most accurate estimate, 354,200 inhab- is due south from Avebury, and the distance from the itants; but the city of Ava is not supposed to contain centre of the circle to the centre of the mound is very more than 50,000 inhabitants, and, according to Mr. Craw- nearly one Roman mile. Much discussion has taken place ford, half that number would be nearer the truth. The l about the age and object of these constructions, the most

[ocr errors]
[ocr errors]



popular theory hitherto being that which ascribed them to to judge how far he anticipated the later thinker. (See the Druids, and thus got rid of historic difficulties by Munk, Mélanges de Phil. Juive et Arabe, pp. 383-410.) escaping into the region of the prehistoric. Recently, Mr. AVENBRUGGER, or AUENBRUGGER, LEOPOLD, a phy. Fergusson has strenuously maintained that the larger circle, sician of Vienna, the discoverer of the important mode of or Avebury proper, and Silbury Hill, commemorate the investigating diseases of the chest and abdomen by auscul last of the twelve Arthurian battles, which was fought tation. His method was to apply the ear to the chest, and (520 A.D.) at Badon Hill, a name which he identifies with to note the sounds it afforded on percussion by the hand, Waden Hill.

or what is called immediate auscultation. His Latin treae AVEIRO, a town of Portugal, province of Beira, the seat tise, Inventum novum ex Percussione Thoracis Humani Ine of a bishopric and college. It has sardine, oyster, and terni Pectoris Morbos detegendi, published in 1761, excited herring fisheries, as well as a thriving trade in oil, salt, little attention, until it was translated and illustrated by wine, and oranges. The haven is wide and deep. Popula- Corvisart, in 180s, when it soon led the way to Laennec's tion, 6456. Long. 8° 34' W., lat. 40° 40' N.

great improvement of aiding the ear by the stethoscope, or AVELLA, a town of Italy, in the province of Principato mediate auscultation. The great value of the method introUlteriore, in a fine situation, and commanding most exten- duced by Avenbrugger, in the diagnosis of internal diseases, sive prospects. It is distant about 20 miles from Naples, is now universally acknowledged. He was born at Grätz and contains 3714 inhabitants. Near it are the remains in 1722, and died in 1809. of the ancient Abella.

AVENTINUS (JOHANN THURMAYR), author of the AVELLINO, a fortified city of Italy, in the province of Annals of Bavaria, was born in the year 1466 at Abens. Principato Ulteriore, at the foot of Mount Vergine, and 28 berg. He studied first at Ingoldstadt, and afterwards in miles E. of Naples. It is the see of a bishop, and has a the university of Paris. . In 1503 he privately taught cathedral, several parish churches, a royal college, &c., rhetoric and poetry at Vienna, and in 1507 he publicly with manufactories of cloth, paper, maccaroni, and sausages, taught Greek” at Cracow, in Poland. In 1509 he read and extensive dye-works. It has a considerable trade in lectures on some of Cicero's works at Ingoldstadt, and in corn, chestnuts, and hazel-nuts. The city has at various 1512 was appointed preceptor to Prince Ludwig and Prince times suffered severely from earthquakes. Population, Ernst, sons of Albert the Wise, duke of Bavaria, and 20,492.

travelled with the latter of these princes. After spending AVEMPACE. ABU BEKR MOHAMMED IBN JAHYA, several years in the collection of materials he undertook to surnamed Ibn Badja or Ibn Sayeg (i.e., son of the gold- write the Annales Boiorum, or Annals of Bavaria, being smith), whose name has been corrupted by the Latins into encouraged by the dukes of that territory, who settled a Avempace, Avenpace, or Aben Pace, was the earliest and pension upon him, and gave him hopes that they would one of the most distinguished of the Arab philosophers in defray the expenses of publication. He finished, but did Spain. Almost nothing is known of the events in his life; pot publish, his work in 1528, and in the following year he was born, probably at Saragossa, towards the close of the he was imprisoned on suspicion of heresy. He was soon 11th century, and died at Fez in 1138 at a not very ad released from confinement, but the indignity he had sufvanced age. Like most of the Arab philosophers, he was a fered seriously affected him. He died in 1534 at Ratisbon. physician by profession, and he is also said to have been a His history, which has gained for him considerable repuman of wide general culture. He was a skilled musician, tation as a writer, was published, but with some important mathematician, astronomer, and poet, and though he is omissions, in 1554, by Ziegler, professor of poetry in the now known only through his metaphysical speculations, university of Ingoldstadt. These passages, which were these do not seem to have been his favorite studies. His adverse to the Roman Catholics, were all restored in the writings, if we accept the report of Oceibia, were varied edition published at Basle in 1580 by Nicholas Cisner. and numerous. Several treatises on logical subjects are Besides his other writings, Gesner attributes to him a mentioned by Casiri as still among the MSS. at the curious work, entitled Numerandi per digitos manusque Escurial, and some smaller pieces are also found in other Veterum Consuetudines. libraries. The most important of his works is that noticed AVENZOAR [ABU MERWAN ABDALMALEC IBN Zone), by Averroes, who promised a complete discussion of it, an eminent Arabian physician, who fourished about the but unfortunately neither the treatise nor the exposition end of the 11th or beginning of the 12th century, was born has come down to us. Our knowledge of it is almost at Seville, where he exercised his profession with great entirely drawn from the notices given by Moses of Nar- reputation. His ancestors had been celebrated as physibonne, a Jewish writer of the 14th century, in his com- cians for several generations, and his son was afterwards mentary on the somewhat similar work of Ibr. rofail. held by the Arabians to be even more eminent in his proThe title of the work may be translated as the Régime or fession than Avenzoar himself. He was contemporary Conduct of the Solitary, understanding by that the organized with Averroes, who, according to Leo Africanus, heard his system of rules, by obedience to which the individual may lectures and learned physic of him. This seems probable, rise from the mere life of the senses to the perception of because Averroes more than once gives Avenzoar very high pure intelligible principles, and may participate in the and partly deserved praise, calling him admirable, glorious, dirine thought which sustains the world. These rules for the treasure of all knowledge, and the most supreme in the individual are but the image or reflex of the political physic from the time of Galen to his own. Avenzoar, notorganization of the perfect or ideal state; and the man withstanding, is by the generality of writers reckoned an who strives to lead this life is called the solitary, not empiric; but Dr. Freind observes that this character suits because he withdraws from society, but because, while in him less than any other of the Arabian physicians. Avenit, he remains a stranger to its ways, and guides himself zoar belonged, in many respects, to the Dogmatists or by reference to a higher state, an ideal society. Avempace Rational School, rather than to the Empirics. He was a does not develop at any length this curious Platonic idea great admirer of Galen; and in his writings he protests of the perfect state. His object is to discover the highest emphatically against quackery and the superstitious remeend of human life, and with this view he classifies the dies of the astrologers. He shows no inconsiderable knowvarious activities of the human soul, rejects such as are ledge of anatomy in his remarkable description of inflammaterial or animal, and then analyzes the various spiritual mation and abscess of the mediastinum in his own person, forms to which the activities may be directed. He points and its diagnosis from common pleuritis as well as from out the graduated scale of such forms, through which the abscess and dropsy of the pericardium. In cases of obsoul may rise, and shows that none are final or complete in struction or of palsy. of the gullet, his three modes of themselves, except the pure intelligible forms, the ideas of treatment are ingenious. He proposes to support the ideas. These the intellect can grasp, and in so doing it strength by placing the patient in a tepid bath of nutritious becomes what he calls intellectus acquisitus, and is in a liquids, that might enter by cutaneous imbibition, but does measure divine. This self-consciousness of pure reason is not recommend this. He speaks more favorably of the the highest object of human activity, and is to be attained introduction of food into the stomach by a silver tube; and by the speculative method. The intellect has in itself he strongly recommends the use of nutritive enemata power to know ultimate truth and intelligence, and does From his writings it would appear that the offices of phy. not require a mystical illumination as Algazali taught. sician, surgeon, and apothecary were already considered as Avempace's principles, it is clear, lead directly to the distinct professions. He wrote a book entitled The Method Averroistic doctrine of the unity of intellect, but the ob- of Preparing Medicines and Diet, which was translated into scurity and incompleteness of the Régime do not permit us Hebrew in the year 1280, and thence into Latin by Para. vicius, whose version, first printed at Venice 1490, has | The damage done to the cargo by means of water thrown passed through several editions.

down the hatches, or admitted into the ship by scuttling AVERAGE, a term used in maritime commerce to her, for the purpose of extinguishing an accidental fire, was signify damages or expenses resulting from the accidents excluded from general average by the usage of Lloyds up of navigation. Average is either general or particular. till 1873. In that year the courts of Queen's Bench and General average arises when sacrifices have been made, or Exchequer Chamber expressed a strong opinion in connecexpenditures incurred, for the preservation of the ship, tion with the case of Stewart v. the West India and Pacific cargo, and freight, from some peril of the sea, or from its Steamship Company, that such damage ought to be made effects. It implies a subsequent contribution, from all the good by average contribution. The usage has now been parties concerned, ratably to the values of their respective altered accordingly. interests, to make good the loss thus occasioned. Particular The amount of compensation to be made for goods sacri average signifies the damage or partial loss happening to ficed by general average acts is determined by the net marthe ship, goods, or freight by some fortuitous or unavoidable ket price they would have produced on arrival at the port accident. It is borne by the parties to whose property the of destination had they not been sacrificed;. but under misfortune happens, or by their insurers. The term average deduction of the freight attaching to them (which is made originally meant what is now distinguished as general good to the shipowners), and of the charges for duties and average; and the expression “particular average,” although landing expenses which are saved. not strictly accurate, came to be afterwards used for the The general average acts next to be considered are those convenience of distinguishing those damages or partial which involve sacrifices of part of the ship or her materials. losses for which no general contribution could be claimed. The same principles which regulate the case of goods

Although nothing can be more simple than the funda- thrown overboard apply also to the jettison of the ship's mental principle of general average, that a loss incurred chains, anchors, hawsers, spars, boats, or other stores. But for the advantage of all the coadventurers should be made if water-casks are stowed on deck, or if chains and hawsers good by them all in equitable proportion to their stakes are carried on deck when the vessel is not near the land in the adventure, the application of this principle to the so as to render it necessary that they should be so carried, varied and complicated cases which occur in the course of the loss arising from the jettison of these articles falls on maritime commerce has given rise to many diversities of the shipowner; and if boats are jettisoned in consequence usage at different periods and in different countries. It is of their having been broken adrift from their fastenings on soon discovered that the principle cannot be applied in any deck by the force of the sea, they are excluded from gensettled or consistent manner unless by the aid of rules of a eral average, and are charged to particular average on the technical and sometimes of a seemingly arbitrary character. ship. The damage done to the ship by cutting holes to The distinctions on which these rules turn are often very effect a jettison of the cargo, or to pour down water to refined indeed. This is the chief reason why no real pro- a fire, or by scuttling her for that purpose, is allowed as a gress has yet been made towards an international system general average charge. The damage arising from cutting of general average, notwithstanding repeated conferences or knocking away a portion of the ship’s bulwarks in order and other efforts by most competent representatives from to prevent the deck from being flooded in a storm, is comdifferent countries, seeking to arrive at a common under- pensated in the same manner. standing as a preliminary basis for such a system. A When sails or masts are cut away in order to right a brief summary only can be given here of the rules which ship which has been thrown on her beam-ends, or to prehave been established in Great Britain by usage, or by legal vent her from driving on a lee-shore, the loss is made decisions, in connection with the subject.

good by average contribution; but if the object in cutting All general average losses may be divided into two away a sail or spar be merely to save a mast, the loss is principal classes—(1), sacrifices of part of the cargo and not made good in general average. freight, or of part of the ship, for the general safety; (2), It frequently happens that masts or yards are sprung extraordinary expenditures incurred with the same object. and carried away by the force of the wind, and are left We shall notice these in their order.

entangled in the rigging, or hanging over the ship's side When a part of a cargo is thrown overboard (or jettisoned, in what is termed a state of wreck;" in these circumas it is termed) to save the ship from foundering in a storm, stances it becomes necessary to cut them away, with the or to float her when stranded, or to facilitate her escape from sails and rigging attached, and to throw the whole overan enemy, the loss of the goods and of the freight attached board, otherwise they would impede the navigation, and to them must be mad good by average contribution. But endanger the ship and cargo. On this ground it is held if goods jettisoned have been originally stowed on deck, no by some authorities that the loss caused by the act of contribution can be demanded for them, unless they are so cutting them away should be made good by average concarried according to the common usage and course of trade tribution. But this act is the direct consequence of the on the voyage for which they are suipped, or with the previous accident, which places these articles in a situation consent of all the parties concerned in the ship and cargo. where it is impossible to save them without imperilling

If, instead of being thrown overboard, the goods are put the ship, cargo, and lives. It would not be reasonable to into boats or lighters, and lost or damaged before reaching imperil these for such a purpose; whence it follows that the shore, such loss is regarded as a virtual jettison, and the displaced articles are already virtually lost by means gives a claim average contribution. The same rule of the original accident, before the loss is actually conapplies to damage occasioned by the goods being put ashore summated by cutting them away. This loss is accordingly on muddy ground, or where they cannot be kept in ordinary excluded, by the usage of this country, from average consafety. But when the goods have been conveyed to a place tribution. On the same principle, no contribution can be of ordinary safety. they cease to be at the risk of the gen- demanded for any articles which are sacrificed as having eral interest; and should they be damaged there by fire or themselves become, through previous accident, the imme. other accidents the loss must be borne by the individual diate cause of danger to the whole interest. proprietors, or by thei. insurers,

The loss of sails or spars, in consequence of carrying a Damage done to the cargo by discharging it at a port press of canvas to avoid a lee-shore, or to escape from an of refuge in the manner and under the circumstances cus- enemy, is not the subject of general average in this country; tomary at that port, is not allowea as general average. neither is the damage suffered by the ship from straining, This rule covers the case of wastage, breakage, leakage, under any such extraordinary press of sail. &c., from handling the goods in the ordinary course of When anchors and cables are slipped from in order to discharging, warehousing, and reshipping.

work a vessel off a lee-shore, or to avoid a collision with If goods are thrown overboard from having become, another ship, the loss is made good by average contributhrough heating or other cause peculiar to their own con- tion; but if the cable is slipped in order that the vessel dition, a source of special danger to the whole interest, the may join convoy, or because the anchor has become loss is not recoverable in general average. So, too, if a hooked to some object at the bottom and cannot be raised, cargo is discharged at a port of refuge from damage result, the loss is borne by the shipowner. ing from its own vice propre, the costs are chargeable to its When sails, ropes, or other materials are cut up and owners.

used at sea for the purpose of stopping leaks or to rig The loss of corn, salt, guano, or similar goods, arising jury-masts, or when the common benefit requires that they from their being pumped up or baled out with the water should be applied to some purpose for which they were not in the vessel, is not recoverable by average contribution. I originally intended, the loss is made good in general average. The same rule applies to the case of hawsers, cables, We now proceed to notice the second principal class of anchors, sails, or boats, lost or damaged in attempting to general average losses, consisting of extraordinary expendiforce off a stranded vessel from the shore.

tures incurred with a view to the common benefit. The damage sustained in defending a ship against a When a ship is obliged to put into a port of refuge, in pirate or an enemy is not the subject of general average in consequence of damage received in the course of the voyage, this country; it is treated as particular average on the ship. the usage in this country is to allow as general average all

It has been much debated by writers on maritime law the charges connected with the entrance of the vessel into whether the voluntary stranding of a ship, in order to pre- the port, and with the landing and warehousing of the vent her from foundering, should be treated as a general cargo, when this is necessary to admit of the ship being or as a particular average loss. In the United States it repaired. Thus the expenses of pilotage or other assisthas been settled, by judicial decision, that the loss in ance into the port, the harbor dues, and similar charges, question constitutes a general average claim; but the the costs of the protest taken by the master and crew, and opposite doctrine is acted upon in the usage of Great of the survey held to ascertain whether the cargo requires Britain, and the point has never been decided by the to be discharged, together with the charges for landing the courts of law. It appears to us that the argument greatly cargo and conveying it to a warehouse or other place of preponderates against the rule adopted in the United safety, are all made good as general average. The costs States, and in favor of the usage established in this country: of repairing the ship are charged to general average only The only reason for regarding this loss as the subject of in so far as the repairs may refer to damages which are general average is, that it originates in the intentional act themselves the proper subject of general contribution. If of running the ship aground, for the preservation, as far as the damages are of the nature of particular average, as is possible, of the whole interest concerned. But it can sel- more usually the case, they are charged accordingly; or dom be known beforehand how the different interests at if they proceed from wear and tear,” they are stated stake will be specially affected by the act in question; against the shipowner. whether, for instance, the damage to the cargo may not be The warehouse rent for the cargo at a port of refuge, more serious than the damage to the ship, or vice versa. and any expenses connected with its preservation, form Thus no particular part of the interest can be said to be special charges against that particular interest, and are intentionally sacrificed for the benefit of the whole; the borne by the proprietors of the goods, or by their insurers. intention, indeed, is not to sacrifice any one part, but to When goods are insured "free from particular average, place the whole interest in a situation of less peril than it unless the ship be stranded,” it is necessary, if the ship has would otherwise have been in. What particular damages not been stranded, to distinguish the charges for warehouse may thereafter ensue to either ship or cargo will depend, rent and fire insurance from those incurred in connection in each case, on a variety of circumstances entirely acci- with the preservation of the goods from the effects of dental in their character, and therefore in no proper sense damage, -the underwriters being liable for the former, but the subject of previous intention. The same rule, there- not for the latter. fore, which excludes from general average accidental dam- The expenses of reshipping the cargo, and the pilotage, ages in all other cases, ought to exclude them in this case or other charges outwards, are borne by the freight. If also. Moreover, when the alternatives are either that the the entire cargo cannot be taken on board again, from the vessel be left to founder, or that she be run ashore with a want, at the port of refuge, of the usual facilities for stow. chance of preservation, there can really be no room for ing it, the loss or expenses resulting from the exclusion of choice, or, at all events, the elements of will and intention part of it are not treated, in this country, as the subject of are entirely subordinate in the part they must play under general contribution. the pressure of the existing circumstances; and in this view The wages and provisions of the master and crew during the stranding is as truly inevitable as if it had been caused the period of detention at a port of refuge are not admitted by the force of the winds and waves alone.

as a charge against general average, it being held that the But, even were these reasons less weighty than it appears shipowner is bound to keep a competent crew on board the they are, a serious practical objection might be urged ship from the commencement to the end of the voyage at against the doctrine that voluntary stranding should be a his own expense. general average loss, on the ground that it would in most The charges for agency at a port of refuge are brought cases be impossible to distinguish between the damages against the general average, even though they may have received by the ship and cargo prior to the stranding, and been originally made in the form of separate charges those sustained after or in consequence of it. It is needless against the ship and cargo respectively. Commissions on to remark, that before a ship can be in such imminent money advanced, maritime interest on bottomry and respondanger of foundering as to render it necessary to run her dentia, and the loss on exchanges, &c., are apportioned ashore, she must be presumed to have sustained a very relatively to the gross sums expended on behalf of the considerable amount of damage; and the probability is, several interests concerned. that the cargo also will have suffered to a corresponding The expenses incurred in getting a stranded ship off the extent. Up to this point these damages are confessedly ground, the hire of extra hands to pump a ship which has particular average; and were it held that the damages sprung a leak, and the sums awarded for salvage or for after the stranding were the subject of general average, it other services rendered to the ship and cargo under any would, of course, be necessary to distinguish the separate extraordinary emergencies, are compensated by average damages that belonged to each. But in every case these contribution. But this rule applies only to the extraneous different damages would exist in varying proportions, yet assistance that may have been obtained, the crew being always so incorporated together that justice could never bound to do their utmost in the service of the ship on all have a more perplexing task than that of discriminating occasions, with extra remuneration for what they might between them. No general rule could be applied that consider extraordinary exertions on their part. would meet the widely different circumstances of each The costs of reclaiming the ship and cargo after having particular case; and the arbitrary method of adjustment been captured are allowed as general average charges; that would alone be possible would doubtless give rise to and although ransom to an enemy is prohibited in this endless dissatisfaction and dispute. On the ground of country by "legal enactment, it seems that this does not expediency, therefore, as well as on that of principle, the apply to the case of money or goods given up by way of usage now established in this country ought to be main-composition to pirates for the liberation of the ship and tained, notwithstanding the high authorities by whom the cargo, and that this would also form a subject of average opposite practice has been countenanced.

contribution. The amount of general average losses on the ship is When the ship and cargo arrive at the port of destinacompensated by allowing to the owners the cost of repairs, tion it is unnecessary, in ordinary cases, to distinguish, in or of new materials in place of those sacrificed, subject to the adjustment of the general average, between the losses the deduction of one-third for the difference of value which have arisen from sacrifices and those which have between old and new; but no deduction is made from the resulted from expenditures for the common benefit. But cost of new anchors, and only one-sixth is deducted from if the ship and cargo should be lost before reaching their the cost of new chain cables. If the ship be on her first destination, no contribution is due for the goods or ship's voyage (which is held to include the homeward as well as materials which may have been sacrificed at a former stage the outward passage), the repairs and new materials are of the voyage, the owners of these being in no worse posiallowed in full.

tion than any of their coadventurers. On the other hand, it is evident that when money has been expended for the and the freight so advanced is not subject to deduction for common benefit, the subsequent loss of the ship and cargo wages, &c., this deduction being made only from the freight should not affect the right of the party who has made the at risk. It has been decided that

, when a vessel has been advance to recover it in full from all the parties for whose originally chartered for a double voyage, the whole freight advantage it was originally made. Hence, while sacrifices to be earned under the charter-party must contribute at its are made good only in the event of the ship and cargo net value, after deducting the wages and other charges being ultimately saved, expenditures must be reimbursed which must be incurred in earning it. The effect of this whether the ship and cargo be eventually saved or lost; rule is to render the freight attaching to the return voyage, and the contribution for these expenditures must be regu- as well as that attaching to the voyage outwards, liable to lated by the values of the ship, cargo, and freight as they contribute for average losses arising in the course of the stood at the time when the advances were made.

outward passage,

,- a result the equity of which is not If, however, the money required for average expendi- always very apparent. tures has been raised by means of bottomry, and the ship An adjustment of general average made at any foreign be lost before completing the voyage, there can be no port where the voyage may terminate, if proved to be in claim for reimbursement, the risk being assumed by the conformity with the law and usage of the country to which bottomry lender in consideration of the premium he receives such foreign port belongs, is binding on all the parties on the sum advanced. When there is no bottomry, it interested as coadventurers, although they may be subjects is a usual practice, but not an invariable rule, to insure of this country, and although the adjustment may be made the average disbursements by a special policy. When on principles different from

those sanctioned by the laws or this has been done, and when the amount has been recov- usages of Britain. The reason for this rule is, that the ered on the subsequent loss of the ship, it cannot be again parties engaging in the adventure are held to assent to claimed from the individuals who would otherwise have the known maritime usage according to which general been liable. But if the expenditures are not insured, average is adjusted on the arrival of the ship and goods at either by a bottomry contract

, or by a special policy, and the port of destination. if the ship and cargo be totally lost in the subsequent The subject of general average is only incidentally concourse of the voyage, the parties for whose benefit the ex- nected with that of marine insurance, being itself a distinct penditures were incurred must reimburse them on the branch of maritime law. But the subject of particular principles already explained. These parties, however, average arises directly out of the contract of insurance, and have recourse on their original insurers, not only for the will therefore be best considered in connection with it. total loss of the interests insured, but also for the previous (See INSURANCE.) expenditures, although the insurers may thus be called on For further information with respect to the subject of to pay a larger sum than the amount of the insurance. average, the reader is referred to the famous work of M.

l'he contribution for general average losses is regulated Valin, Commentaire sur l Ordonnance di 1681, t. ii. p. by the values of the respective interests for the benefit of 147–198, ed. 1760; to Emerigon, Traité des Assurances, which they were incurred. The practical rule adopted, in t. i. pp. 598-674; Árnould on Marine Insurance; and the all ordinary cases, is to estimate the ship, cargo, and treatises on Average of Stevens, Benecke, Baily, Hopkins, freight at their net values to their owners, in the state in and Lowndes.

(J. WA.) which they arrive at the port of destination, but including AVERNUS, a lake of Campania in Italy, near Baiæ, in these values the sums made good for sacrifices, and to assess occupying the crater of an extinct volcano, and about a the contribution accordingly. The necessity' for including mile and a half in circumference. From the gloomy horror the amount of compensation made for sacrifices in the of its surroundings, and the mephitic character of its exhaiavaluations on which the contribution is charged, arises tions, it was regarded by ancient superstition as an entrance from the principle that all the parties interested in the adven- to the infernal regions. It was especially dedicated to ture should bear the ultimate loss in exact proportion to Proserpine, and an oracle was maintained on the spot. In their respective interests, which would not be the case if 214 B.C., Hannibal with his army visited the shrine, but the owners of the articles sacrificed were to recover their not so much, according to Pliny, for purposes of piety, as full value without being themselves assessed for the loss in hope of surprising the garrison of Puteoli. By some thereon in the same manner as their coadventurers. critics the Cimmerians of Homer were supposed to have

The contributory value of the ship is accordingly her been the inhabitants of this locality, and Virgil in his actual value to her owner in the state in which she arrives, Æneid adopted the popular opinions in regard to it. Origwhether damaged or otherwise, including the sum made inally there seems to have been no outlet to the lake, but good in the general average for any sacrifices which may Agrippa opened a passage to the Lucrine, and turned this have been made of part of the ship or her materials. “ mouth of hell” into a harbor for ships. The channel,

The value of the cargo for contribution is its net market however, appears to have become obstructed at a later value on arrival, after deducting the charges incurred for period. 'In the reign of Nero it was proposed to construct freight, duty, and landing expenses, but without deducting a ship-canal from the Tiber through Avernus to the Gulf the costs of insurance or commission. If goods be dam- of Baiæ, but the works were hardly commenced. The plan aged, they contribute only according to their deteriorated of connecting the lake with the Gulf of Baia was brought value; and if special charges have been incurred on the forward as late as 1858, but only to be abandoned. The cargo at a port of refuge (as for warehouse rent, &c.), Lago d'Averno is now greatly frequented by foreign tourists, the amount of these charges is deducted. The sum who are shown what pass for the Sibyl's Grotto, the charged to general average for goods sacrificed is of course Sibyl's Bath, and the entrance to the infernal regions, as added to the valuation. All goods carried in the ship well as the tunnel from Cumæ, and ruins variously identifor the purposes of traffic must be included in the valua- fied as belonging to a temple or a bathing-place. tion of the cargo; but the wearing apparel, or personal AVERROES, known among his own people as Abaleffects, of the passengers and crew are exempted from Walid Mohammed Ibn-Ahmed Ibn-Mohammed IBNcontribution.

ROSHD, the kâdi, was born at Cordova in 1126, and died at The value of the freight for contribution is the sum Marocco in 1198. His early life was occupied in mastering received by the shipowner on the completion of the voyage the curriculum of theology, jurisprudence, mathematics, for the carriage of the cargo, after deducting from that medicine, and philosophy, under the approved teachers of sum the wages reckoned as from the date of the casualty, the time. The years of his prime were a disastrous era for the port charges at the place of destination, and the special Mahometan Spain, where almost every city had its own charges against the freight which may have been incurred petty king, whilst the Christian princes swept the land in at a port of refuge, consisting of the costs of reshipping the constant inroads. But with the advent of the Almohades, cargo, and of outward pilotage, &c. The provisions for the enthusiasm which the desert tribes had awakened, the voyage are not deducted, as these are held to have whilst it revived religious life and intensified the observa formed part of the original value of the ship. If the freight ance of the holy law within the realm, served at the same has been paid in advance, it forms part of the value of the time to reunite the forces of Andalusia, and inflicted degoods, and, consequently, does not contribute as a separate cisive defeats on the chiefs of the Christian North. For interest. When a sum has been advanced on account of the last time before its final extinction the Moslem caliphfreight, subject to insurance, it must be distinguished from ate in Spain displayed a splendor which seemed to rival the portion of the freight which remains at the shipowner's the ancient glories of the Ommiade court. Great mosques risk, and be charged separately for its ratable contribution; I arose; schools and colleges were founded; hospitals, and

VOL. III.-105

« ZurückWeiter »