765 



AYE MARIA. 



AVOCAT. 



766 



account given by Captain Edward Moor of an incarnation of Ganesa, 

 or Ganapati, which had, since the year 1640, become hereditary in the 

 family of Mooraba Gosain, a Brahman, at Punah. Mrs. Graham, who 

 in 1809 visited this living Avatara, which was then a child, has given 

 an interesting notice of it in her journal. 



(See the articles MANU, RAMA, KKISHNA, and BUDDHA ; Bohlen, 

 Das atie Indien ; Vans Kennedy, Researches into the Nature and Affinity 

 of Ancient and Hindu, Mythology, 4to, London, 1831 ; H. H. Wilson, 

 The Vishnu Parana ; a system of Hindoo Theology and Tradition, 4to, 

 1840.) 



A'VE MARI'A, the two first words of a short Latin prayer or invo- 

 cation to the Virgin Mary, said by Roman Catholics in their orisons. 

 As a prayer it only became established in the 13th century when it 

 was enlarged, and in 1508 it was completed and finally sanctioned by 

 Pope Pius V. The first part of the prayer is merely a repetition of 

 the salutation of the angel to Mary on her conception. (St. Luke, i. 

 28.) The second part is an entreaty to the Virgin " to pray for the 

 salvation of sinners now and at the time of their death." The recital 

 of the Ave Maria generally follows that of the Pater Noster, or Lord's 

 Prayer. 



Ave Maria is 'also in Italy the name of a particular time of the day, 

 about half an hour after sunset, when the church bells ring, and pious 

 persons leave off for a moment then- occupations or pastimes and 

 ejaculate the Ave Maria. It is also called the Angelus in other 

 catholic countries. To this custom Byron alludes in these fine lines, 



Ave Maria ! blessed be the hour ! 



The time, the clime, the spot where I so oft 

 Have felt that moment in its fullest power 



Sink o'er the earth so beautiful and soft, 

 'While swung the deep bell in the distant tower, 



Or the faint dying day hymn stole aloft, 

 And not a breath crept through the rosy air, 

 And yet the forest leaves seem'd stirr'd with prayer. 



Don Juan, Canto III. 



In many churches, and especially convents, the bells are also rung at 

 the first dawn of day, and this is called in Italy the morning Ave 

 Maria, FA ve Maria del giorno. 



AVERAGE is a quantity intermediate to a number of other quanti- 

 ties, so that the sum total of its excesses above those which are less, 

 is equal to the sum total of its defects from those which are greater. 

 Or, the average is the quantity which will remain in each of a number 

 of lota, if we take from one and add to another till all have the same ; 

 it being supposed that there is no fund to increase any one lot, except 

 what comes from the reduction of others. Thus, 7 is the average of 

 2, 3, 4, 6, 13, and 14 ; for the sum of the excesses of 7 above 2, 3, 4, 

 and 6 that is, the sum of 5, 4, 3, and 1 is 13 ; and the sum of the 

 defects of 7 from 13 and 14 that is, the sum of 6 and 7 is also 13. 

 Similarly, the average of 6 and 7 is 64. To find the average of any 

 number of quantities, add them oil together, and divide by the number 

 of quantities. Thus, in the preceding question, add together 2, 3, 4, 6, 

 13, and 11, which gives 42 ; divide by the number of them, or 6, which 

 gives 7, the average. 



It must be remembered that the average of a set of averages is not 

 the average of the whole, unless there are equal numbers of quantities 

 in each set averaged. This will be seen by taking the average of the 

 whole, without having recourse to the partial averages. For instance, 

 if 10 men have on the average 100/., and 50 other men have on the 

 average 3002., the average sum possessed by each individual is not the 

 average of 100J. and 300J. ; for the 10 men have among them lOOOi, 

 and the 50 men have among them 15.000/., being 16,0001. in all. This, 

 divided into 60 parts, gives 266/. 13. 4d. to each. A neglect of this 

 remark might lead to erroneous estimates ; as, for instance, if a harvest 

 were called good because an average bushel of its corn was better than 

 that of another, without taking into account the number of bushels of 

 the two. 



The average quantity is a valuable common sense test of the good- 

 ness or badness of any particular lot, but only when there is a perfect 

 similarity of circumstances in the things compared. For instance, no 

 one would think of calling a tree well grown because it gave more 

 timber than the average of all trees ; but if any particular tree, say an 

 oak, yielded more timber than the average of all oaks of the same age, 

 it would be called good, because if every oak gave the same, the 

 quantity of oak timber would be greater than it is. It must also be 

 remembered that the value of the average, in the information which it 

 gives, diminishes as the quantities averaged vary more from each other ; 

 but this and other points connected with averages will be mentioned 

 more fully in the article MEAN, this being the mathematical word 

 which is used in the same sense as average in common life. 



AVERAGE. In Marine Insurance this term is applied to the mode 

 and ratio of compensation for losses, not being total losses of both ship 

 and cargo. Average is of two kinds, ' General ' and ' Particular.' 



r/eneral Average is a term used indiscriminately, sometimes to 

 denote the kind of lost which gives a claim, to general average contribu- 

 tion, and sometimes to denote such contribution itself. To avoid con- 

 fusion it is better to use the term general average loss when speaking 

 of the former, and general average attribution when speaking of the 

 latter. All losses which give a claim to general average contribution 

 may be divided into great classes : 1. Those which arise from extra- 



ordinary sacrifices of part of the ship or part of the cargo, purposely 

 and reasonably made in order to save the whole adventure from 

 perishing. 2. Those which arise out of extraordinary expenses incurred 

 for the joint benefit of both ship and cargo. Losses of the first class, 

 and those limited to jetsam of cargo, are alone mentioned in the text 

 of that Rhodian law which is generally regarded as the foundation of 

 the whole doctrine of general average ; jactus factus levandas vadis patid. 

 A general average loss may be denned to be, " a loss arising out of 

 extraordinary sacrifices made, or extraordinary expenses incurred, for 

 the joint benefit of ship and cargo." A general average contribution 

 may be defined to be " a contribution by all parties in a sea adventure, 

 to make good the loss which has been sustained by one or more of 

 their co-adventurers, from sacrifices made or expenses incurred for the 

 general benefit." This contribution is assessed upon each adventurer 

 in proportion to the value of his whok property actually at risk as, or 

 as though, finally saved by the sacrifice, or at the time it was benefited 

 by the expenditure. This contribution is ordinarily insured against ; 

 and when ascertained by adjustment of general average, is settled by the 

 underwriters. 



Particular Average loss differs from general average loss, both as to 

 its cause and the mode of its compensation. It is a partial loss arising 

 from damage accidentally and proximately caused by the perils insured 

 against, or from extraordinary expenditure necessarily incurred for the 

 sole benefit of some particular interest, as of the ship alone, or the 

 cargo alone. This damage or expenditure, instead of being contributed 

 for by the general body of adventurers, falls entirely upon the par- 

 ticular owner of the property deteriorated by the damage, or benefited 

 by the expenditure ; and such owner, if insured, has a claim against 

 his underwriter in proportion : 1st., to the degree by which the 

 damage sustained, or the expenditure to be refunded, may have dimi- 

 nished the value to him of the property as insured ; and 2nd, to the 

 sum insured. 



It may further be observed, that certain charges called Petty 

 A rerages, being the ordinary charges at the places of loading and un- 

 loading, and during the voyage, and formerly borne one-third by the 

 ship, and two-thirds by the cargo, are now usually compounded for in 

 bills of lading by provision for the payment of 5 per cent, calculated 

 on freight, and 5 per cent, more for primage charged on the captain 

 ' primage and average accustomed.' A good deal of difficulty and 

 complication often arises upon the adjustment of averages, and 

 ' Averages Staters ' now carry on a distinct business in commercial 

 countries. (Arnould on ' Marine Insurance and Average,' 2nd edit., 

 p. 894, et seq.) 



AVOCA'T, a French word, derived from the Latin advocatus, and 

 corresponding to the English counsellor at law. [ADVOCATE.] In 

 French law language the avocats are distinguished into avocats plaidans, 

 who answer to our barristers, and avocats consultans, called also juris- 

 consultes, a kind of chamber counsel, who do not plead in court, but 

 give then- opinion on intricate points of law. Under the old monarchy 

 the avocats were classed, with regard to professional rank, into various 

 categories, such as avocats au conseil, who conducted and pleaded 

 causes brought before the king's council ; they were seventy in num- 

 ber, and were appointed by the chancellor ; they were considered as 

 attached to the king's court : and avocats geneYaux, who pleaded 

 before the parliaments and other superior courts, in all causes in which 

 the king, the church, communities, and minors were interested. At 

 first the avocats ge'ne'raux were styled avocats du roi, and the other 

 barristers who pleaded in private causes were called avocats ge'ne'raux, 

 but towards the end of the 17th, or the beginning of the 18th century, 

 these appellations were changed, the avocats du roi were styled 

 avocats ge'ne'raux, and three of them were appointed to each superior 

 court, while the counsel who filled the same office before the inferior 

 courts assumed the name of avocats du roi. (' Repertoire Universel de 

 Jurisprudence,' and ' Dictionnaire de 1'Acade'mie.') Avocat fiscal was 

 a law-officer in a ducal or other seignorial court of justice, answering 

 to the avocat du roi in a royal court. 



At present there are in France avocats au conseil d'c"tat ; avocats 

 ge'ne'raux, of whom there are five at the Court of Cassation or Su- 

 preme Court, four at the Cour Impe'riale of Paris, besides substitutes, 

 and two or three at each Cour Impe'riale in the departments. The 

 practising barristers are classed into avocats a la Cour de Cassa- 

 tion, who are fifty in number, and who conduct exclusively all causes 

 before that court ; and avocats; a la Cour Impe'riale, who plead before 

 the various imperial courts. All avocats must be licentiates in Law, 

 take the oath before a court of appeal (Cour Impe'riale), and show 

 that they have a domicile in Paris. There is a roll of the advo- 

 cates practising in each court. Candidates are admitted by the Council 

 of Discipline after a probationary term. The members of the council 

 are elected by ballot, by the advocates inscribed, on tie roll, and 

 their functions .last for the judicial year. The avoufe (attorneys), 

 are public ministerial officers, whose business it is to represent the 

 parties before the court and before the tribunals, although their 

 duty, strictly speaking, is to place the judges in a position to 

 come to a decision (postuler), and to present to them in the form 

 of abridged propositions the claims of the parties (conclure) yet they 

 may in some cases undertake the defence orally, as, for example, when 

 the number of advocates is not sufficient for the despatch of business 

 (R. Jones's ' History of the French Bar'). The word avou<S, in canon 



