HotFreeBooks.com
Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 1 - "Austria, Lower" to "Bacon"
Author: Various
Previous Part     1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16     Next Part
Home - Random Browse

See Man (1904), No. 68; Folklore, xiii. 134; Myers in Proc. S.P.R. ix. 26, xii. 277, xv. 403; Flournoy, Des Indes a la planete Mars and in Arch. de Psychologie; Myers, Human Personality.

(N. W. T.)

AUTOMATON (from [Greek: autos], self, and [Greek: mao], to seize), a self-moving machine, or one in which the principle of motion is contained within the mechanism itself. According to this description, clocks, watches and all machines of a similar kind, are automata, but the word is generally applied to contrivances which simulate for a time the motions of animal life. If the human figure and actions be represented, the automaton has sometimes been called specially an androides. We have very early notices of the construction of automata, e.g. the tripods of Vulcan, and the moving figures of Daedalus. In 400 B.C., Archytas of Tarentum is said to have made a wooden pigeon that could fly, and during the middle ages numerous instances of the construction of automata are recorded. Regiomontanus is said to have made of iron a fly, which would flutter round the room and return to his hand, and also an eagle, which flew before the emperor Maximilian when he was entering Nuremberg. Roger Bacon is said to have forged a brazen head which spoke, and Albertus Magnus to have had an androides, which acted as doorkeeper, and was broken to pieces by Aquinas. Of these, as of some later instances, e.g. the figure constructed by Descartes and the automata exhibited by Dr Camus, not much is accurately known. But in the 18th century, Jacques de Vaucanson, the celebrated mechanician, exhibited three admirable figures,—the flute-player, the tambourine-player, and the duck, which was capable of eating, drinking, and imitating exactly the natural voice of that fowl. The means by which these results had been produced were clearly seen, and a great impulse was given to the construction of similar figures. Knauss exhibited at Vienna an automaton which wrote; a father and son named Droz constructed several ingenious mechanical figures which wrote and played music; Frederick Kaufmann and Leonard Maelzel made automatic trumpeters who could play several marches. The Swiss have always been celebrated for their mechanical ingenuity, and they construct most of the curious toys, such as flying and singing birds, which are frequently met with in industrial exhibitions. The greatest difficulty has generally been experienced in devising any mechanism which shall successfully simulate the human voice (not to be compared with the gramophone, which reproduces mechanically a real voice). No attempt has been thoroughly successful, though many have been made. A figure exhibited by Fabermann of Vienna remains the best. Kempelen's famous chess-player for many years astonished and puzzled Europe. This figure, however, was no true automaton, although the mechanical contrivances for concealing the real performer and giving effect to his desired movements were exceedingly ingenious. J. N. Maskelyne, in more recent times (1875-1880), has been prominent in exhibiting his automata, Psycho (who played cards) and Zoe (who drew pictures), at the Egyptian Hall, London, but the secret of these contrivances was well kept. (See CONJURING.)

AUTOMORPHISM (from Gr. [Greek: autos], self, and [Greek: morphe], form), the conception and interpretation of other people's habits and ideas on the analogy of one's own.

AUTONOMY (Gr. [Greek: autos], self, and [Greek: nomos], law), in general, freedom from external restraint, self-government. The term is usually coupled with a qualifying adjective. Thus, political autonomy is self-government in its widest sense, independence of all control from without. Local autonomy is a freedom of self-government within a sphere marked out by some superior authority; e.g. municipal corporations in England have their administrative powers marked out for them by acts of parliament, and in so far as they govern themselves within these limits exercise local autonomy. Administrative or constitutional autonomy, such as exists in the British colonies, implies an extent of self-government which falls short only of complete independence. The term is used loosely even in the case of e.g. religious bodies, individual churches and other communities [v.03 p.0049] which enjoy a measure of self-government in certain specified respects.

In philosophy, the term (with its antithesis "heteronomy") was applied by Kant to that aspect of the rational will in which, qua rational, it is a law to itself, independently alike of any external authority, of the results of experience and of the impulses of pleasure and pain. In the sphere of morals, the ultimate and only authority which the mind can recognize is the law which emerges from the pure moral consciousness. This is the only sense in which moral freedom can be understood. (See ETHICS; KANT.) Though the term "autonomy" in its fullest sense implies entire freedom from causal necessity, it can also be used even in determinist theories for relative independence of particular conditions, theological or conventional.

AUTOPSY (Gr. [Greek: autos], self, and [Greek: opsis], sight, investigation), a personal examination, specifically a post-mortem ("after death") examination of a dead body, to ascertain the cause of death, &c. The term "necropsy" (Gr. [Greek: nekros], corpse) is sometimes used in this sense. (See CORONER and MEDICAL JURISPRUDENCE.)

AUTRAN, JOSEPH (1813-1877), French poet, was born at Marseilles on the 20th of June 1813. In 1832 he addressed an ode to Lamartine, who was then at Marseilles on his way to the East. The elder poet persuaded the young man's father to allow him to follow his poetic bent, and Autran remained from that time a faithful disciple of Lamartine. His best known work is La Mer (1835), remodelled in 1852 as Les Poemes de la mer. Ludibria ventis (1838) followed, and the success of these two volumes gained for Autran the librarianship of his native town. His other most important work is his Vie rurale (1856), a series of pictures of peasant life. The Algerian campaigns inspired him with verses in honour of the common soldier. Milianah (1842) describes the heroic defence of that town, and in the same vein is his Laboureurs et soldats (1854). Among his other works are the Paroles de Salomon (1868), Epitres rustiques (1861), Sonnets capricieux, and a tragedy played with great success at the Odeon in 1848, La Fille d'Eschyle. A definitive edition of his works was brought out between 1875 and 1881. He became a member of the French Academy in 1868, and died at Marseilles on the 6th of March 1877.

AUTUN, a town of east-central France, capital of an arrondissement in the department of Saone-et-Loire, 62 m. S.W. of Dijon on the Paris-Lyon railway to Nevers. Pop. (1906) 11,927. Autun is pleasantly situated on the slope of a hill at the foot of which runs the Arroux. Its former greatness is attested by many Roman remains, the chief of which are two well-preserved stone gateways, the Porte d' Arroux and the Porte St Andre, both pierced with four archways and surmounted by arcades. There are also remains of the old ramparts and aqueducts, of a square tower called the Temple of Janus, of a theatre and of an amphitheatre. A pyramid in the neighbouring village of Couhard was probably a sepulchral monument. The chapel of St Nicolas (12th century) contains many of the remains discovered at Autun. The cathedral of St Lazare, once the chapel attached to the residence of the dukes of Burgundy, is in the highest part of the town. It belongs mainly to the 12th century, but the Gothic central tower and the chapels were added in the 15th century by Nicolas Rolin, chancellor of Burgundy, born at Autun. The chief artistic features of the church are the group of the Last Judgment sculptured on the tympanum above the west door, and the painting by Ingres representing the martyrdom of St Symphorien, which took place at Autun in 179. In the cathedral square stands the fountain of St Lazare, a work of the Renaissance. The hotel Rolin, a house of the 15th century, contains the collections of the "Aeduan literary and scientific society." The hotel de ville, containing a museum of paintings, the law-court and the theatre are modern buildings. Autun is the seat of a bishopric, of tribunals of first instance and of commerce, and has an ecclesiastical seminary, a communal college and a cavalry school. Among the industries of the town are the extraction of oil from the bituminous schist obtained in the neighbourhood, leather manufacture, metal-founding, marble-working, and the manufacture of machinery and furniture. Autun is the commercial centre for a large part of the Morvan, and has considerable trade in timber and cattle.

Autun (Augustodunum) succeeded Bibracte as capital of the Aedui when Gaul was reorganized by Augustus. Under the Romans, it was a flourishing town, covering double its present extent and renowned for its schools of rhetoric. In the succeeding centuries its prosperity drew upon it the attacks of the barbarians, the Saracens and the Normans. The counts of Autun in 880 became dukes of Burgundy, and the town was the residence of the latter till 1276. It was ravaged by the English in 1379, and, in 1591, owing to its support of the League, had to sustain a siege conducted by Marshal Jean d'Aumont, general of Henry IV.

See H. de Fontenay, Autun et ses monuments (Autun, 1889).

AUTUNITE, or CALCO-URANITE, a mineral which is one of the "uranium micas," differing from the more commonly occurring torbernite (_q.v._) or cupro-uranite in containing calcium in place of copper. It is a hydrous uranium and calcium phosphate, Ca(UO_2)_2(PO_4)_2 + 8(or 12)H_2O. Though closely resembling the tetragonal torbernite in form, it crystallizes in the orthorhombic system and is optically biaxial. The crystals have the shape of thin plates with very nearly square outline (89deg 17' instead of 90deg). An important character is the perfect micaceous cleavage parallel to the basal plane, on which plane the lustre is pearly. The colour is sulphur-yellow, and this enables the mineral to be distinguished at a glance from the emerald-green torbernite. Hardness 2-2 1/2; specific gravity 3.05-3.19. Autunite is usually found with pitchblende and other uranium minerals, or with ores of silver, tin and iron; it sometimes coats joint-planes in gneiss and pegmatite. Falkenstein in Saxony, St Symphorien near Autun (hence the name of the species), and St Day in Cornwall are well-known localities for this mineral.

(L. J. S.)

AUVERGNE, formerly a province of France, corresponding to the departments of Cantal and Puy-de-Dome, with the arrondissement of Brioude in Haute-Loire. It contains many mountains volcanic in origin (Plomb du Cantal, Puy de Dome, Mont Dore), fertile valleys such as that of Limagne, vast pasture-lands, and numerous medicinal springs. Up to the present day the population retains strongly-marked Celtic characteristics. In the time of Caesar the Arverni were a powerful confederation, the Arvernian Vercingetorix being the most famous of the Gallic chieftains who fought against the Romans. Under the empire Arvernia formed part of Prima Aquitania, and the district shared in the fortunes of Aquitaine during the Merovingian and Carolingian periods. Auvergne was the seat of a separate countship before the end of the 8th century; the first hereditary count was William the Pious (886). By the marriage of Eleanor of Aquitaine with Henry Plantagenet, the countship passed under the suzerainty of the kings of England, but at the same time it was divided, William VII., called the Young (1145-1168), having been despoiled of a portion of his domain by his uncle William VIII., called the Old, who was supported by Henry II. of England, so that he only retained the region bounded by the Allier and the Coux. It is this district that from the end of the 13th century was called the Dauphine d'Auvergne. This family quarrel occasioned the intervention of Philip Augustus, king of France, who succeeded in possessing himself of a large part of the country, which was annexed to the royal domains under the name of Terre d'Auvergne. As the price of his concurrence with the king in this matter, the bishop of Clermont, Robert I. (1195-1227), was granted the lordship of the town of Clermont, which subsequently became a countship. Such was the origin of the four great historic lordships of Auvergne. The Terre d'Auvergne was first an appanage of Count Alphonse of Poitiers (1241-1271), and in 1360 was erected into a duchy in the peerage of France (duche-pairie) by King John II. in favour of his son John, through whose daughter the new title passed in 1416 to the house of Bourbon. The last duke, the celebrated constable Charles of Bourbon, united the domains of the Dauphine to those of the [v.03 p.0050] duchy, but all were confiscated by the crown in consequence of the sentence which punished the constable's treason in 1527. The countship, however, had passed in 1422 to the house of La Tour, and was not annexed to the domain until 1615. The administration of the royal province of Auvergne was organized under Louis XIV. At the time of the revolution it formed what was called a "government," with two divisions: Upper Auvergne (Aurillac), and Lower Auvergne (Clermont).

BIBLIOGRAPHY.—Baluze, Histoire genealogique de la maison d'Auvergne (1708); Andre Imberdis, Histoire generale de l'Auvergne (1867); J. B. M. Bielawski, Histoire de la comte d'Auvergne et de sa capitale Vic-le-Comte (1868); B. Gonot, Catalogue des ouvrages imprimes et manuscrits concernant l'Auvergne (1849). See further Chevalier, Repertoire des sources hist., Topobibliographie, s.v.

AUXANOMETER (Gr. [Greek: auxanein], to increase, [Greek: metron], measure), an apparatus for measuring increase or rate of growth in plants.

AUXENTIUS (fl. c. 370), of Cappadocia, an Arian theologian of some eminence (see ARIUS). When Constantine deposed the orthodox bishops who resisted, Auxentius was installed into the seat of Dionysius, bishop of Milan, and came to be regarded as the great opponent of the Nicene doctrine in the West. So prominent did he become, that he was specially mentioned by name in the condemnatory decree of the synod which Damasus, bishop of Rome, urged by Athanasius, convened in defence of the Nicene doctrine (A.D. 369). When the orthodox emperor Valentinian ascended the throne, Auxentius was left undisturbed in his diocese, but his theological doctrines were publicly attacked by Hilary of Poitiers.

The chief source of information about him is the Liber contra Auxentium in the Benedictine edition of the works of Hilary.

AUXERRE, a town of central France, capital of the department of Yonne, 38 m. S.S.E. of Sens on the Paris-Lyon railway, between Laroche and Nevers. Pop. (1906) 16,971. It is situated on the slopes and the summit of an eminence on the left bank of the Yonne, which is crossed by two bridges leading to suburbs on the right bank. The town is irregularly built and its streets are steep and narrow, but it is surrounded by wide tree-lined boulevards, which have replaced the ancient fortifications, and has some fine churches. That of St Etienne, formerly the cathedral, is a majestic Gothic building of the 13th to the 16th centuries. It is entered by three richly sculptured portals, over the middle and largest of which is a rose window; over the north portal rises a massive tower, but that which should surmount the south portal is unfinished. The lateral entrances are sheltered by tympana and arches profusely decorated with statuettes. The plan consists of a nave, with aisles and lateral chapels, transept and choir, with a deambulatory at a slightly lower level. Beneath the choir, which is a fine example of early Gothic architecture, extends a crypt of the 11th century with mural paintings of the 12th century. The church has some fine stained glass and many pictures and other works of art. The ancient episcopal palace, now used as prefecture, stands behind the cathedral; it preserves a Romanesque gallery of the 12th century. The church of St Eusebe belongs to the 12th, 13th and 16th centuries. Of the abbey church of St Germain, built in the 13th and 14th centuries, most of the nave has disappeared, so that its imposing Romanesque tower stands apart from it; crypts of the 9th century contain the tombs of bishops of Auxerre. The abbey was once fortified and a high wall and cylindrical tower remain. The buildings (18th century) are partly occupied by a hospital and a training college. The church of St Pierre, in the Renaissance style of the 16th and 17th centuries, is conspicuous for the elaborate ornamentation of its west facade. The old law-court contains the museum, with a collection of antiquities and paintings, and a library. In the middle of the town is a gateway surmounted by a belfry, dating from the 15th century. Auxerre has statues of Marshal Davout, J. B. J. Fourier and Paul Bert, the two latter natives of the town. The town is the seat of a court of assizes and has tribunals of first instance and of commerce, and a branch of the Bank of France. A lycee for girls, a communal college and training colleges are among its educational establishments. Manufactures of ochre, of which there are quarries in the vicinity, and of iron goods are carried on. The canal of Nivernais reaches as far as Auxerre, which has a busy port and carries on boat-building. Trade is principally in the choice wine of the surrounding vineyards, and in timber and coal.

Auxerre (Autessiodurum) became the seat of a bishop and a civitas in the 3rd century. Under the Merovingian kings the abbey of St Germain, named after the 6th bishop, was founded, and in the 9th century its schools had made the town a seat of learning. The bishopric was suppressed in 1790.

The countship of Auxerre was granted by King Robert I. to his son-in-law Renaud, count of Nevers. It remained in the house of Nevers until 1184, when it passed by marriage to that of Courtenay. Other alliances transferred it successively to the families of Donzy, Chatillon, Bourbon and Burgundy. Alice of Burgundy, countess of Auxerre, married John of Chalons (d. 1309), and several counts of Auxerre belonging to the house of Chalons distinguished themselves in the wars against the English during the 14th century. John II., count of Auxerre, was killed at the battle of Crecy (1346), and his grandson, John IV., sold his countship to King Charles V. in 1370.

AUXILIARY (from Lat. auxilium, help), that which gives aid or support; the term is used in grammar of a verb which completes the tense, mood or voice of another verb; in engineering, e.g. of the low steam power used to supplement the sail-power in sailing ships, still occasionally used in yachts, sealers or whalers; and in military use, of foreign or allied troops, more properly of any troops not permanently maintained under arms. In the British army the term "Auxiliary Forces" was employed formerly to include the Militia, the Imperial Yeomanry and the Volunteers.

AUXIMUM (mod. Osimo), an ancient town in Picenum, situated on an isolated hill 8 m. from the Adriatic, on the road from Ancona to Nuceria. It was selected by the Romans as a fortress to protect their settlements in northern Picenum, and strongly fortified in 174 B.C. The walls erected at that period, of large rectangular blocks of stone, still exist in great part. Auximum became a colony at latest in 157 B.C. It often appears in the history of the civil wars, owing to its strong position. Pompey was its patron, and intended that Caesar should find resistance here in 49 B.C. It appears to have been a place of some importance in imperial times, as inscriptions and the monuments of its forum (the present piazza) show. In the 6th century it is called by Procopius the chief town of Picenum, Ancona being spoken of as its harbour.

(T. AS.)

AUXONNE, a town of eastern France, in the department of Cote d'Or, 19 m. E.S.E. of Dijon on the Paris-Lyon railway to Belfort. Pop. (1906) 2766 (town); 6307 (commune). Auxonne is a quiet town situated in a wide plain on the left bank of the Saone. It preserves remains of ramparts, a stronghold of the 16th century flanked by cylindrical towers, and a sculptured gateway of the 15th century. Vauban restored these works in the latter half of the 17th century, and built the arsenal now used as a market. The church of Notre-Dame dates from the 14th century. Of the two towers surmounting its triple porch only that to the south is finished. A lofty spire rises above a third tower over the crossing. The hotel de ville (15th century) and some houses of the Renaissance period are also of architectural interest. A statue of Napoleon I. as a sub-lieutenant commemorates his sojourns in the town from 1788 to 1791. Auxonne has a tribunal of commerce and a communal college. Its industries are unimportant, but it has a large trade in the vegetables produced by the numerous market gardens in the vicinity.

Auxonne, the name of which is derived from its position on the Saone (ad Sonam), was in the middle ages chief place of a countship, which in the first half of the 13th century passed to the dukes of Burgundy. The town received a charter in 1229 and derived some importance from the mint which the dukes of Burgundy founded in it. It was invested by the allies in 1814, and surrendered to an Austrian force in the following year.

AVA, the ancient capital of the Burman empire, now a subdivision of the Sagaing district in the Sagaing division of Upper Burma. It is situated on the Irrawaddy on the opposite [v.03 p.0051] bank to Sagaing, with which it was amalgamated in 1889. Amarapura, another ancient capital, lies 5 m. to the north-east of Ava, and Mandalay, the present capital, 6 m. to the north. The classical name of Ava is Yadanapura, "the city of precious gems." It was founded by Thadomin Payā in A.D. 1364 as successor to Pagan, and the religious buildings of Pagan were to a certain extent reproduced here, although on nothing like the same scale as regards either size or splendour. It remained the seat of government for about four centuries with a succession of thirty kings. In 1782 a new capital, Amarapura, was founded by Bodaw Payā, but was deserted again in favour of Ava by King Baggidaw in 1823. On his deposition by King Tharawaddi in 1837, the capital reverted to Amarapura; but finally in 1860 the last capital of Mandalay was occupied by King Mindōn. For picturesque beauty Ava is unequalled in Burma, but it is now more like a park than the site of an old capital. Traces of the great council chamber and various portions of the royal palace are still visible, but otherwise the secular buildings are completely destroyed; and most of the religious edifices are also dilapidated.

AVADĀNA, the name given to a type of Buddhist romance literature represented by a large number of Sanskrit (Nepalese) collections, of which the chief are the Avadānasataka (Century of Legends), and the Divyāvadāna (The Heavenly Legend). Though of later date than most of the canonical Buddhist books, they are held in veneration by the orthodox, and occupy much the same position with regard to Buddhism that the Purānas do towards Brahminism.

AVAHI, the native name of a Malagasy lemur (Avahis laniger) nearly allied to the indri (q.v.), and the smallest representative of the subfamily Indrisinae, characterized by its woolly coat, and measuring about 28 in. in length, of which rather more than half is accounted for by the tail. Unlike the other members of the group, the avahi is nocturnal, and does not associate in small troops, but is met with either alone or in pairs. Very slow in its movements, it rarely descends to the ground, but, when it does, walks upright like the other members of the group. It is found throughout the forests which clothe the mountains on the east coast of Madagascar, and also in a limited district on the northwest coast, the specimens from the latter locality being of smaller size and rather different in colour. The eastern phase is generally rusty red above, with the inner sides of the limbs white; while the predominant hue in the western form is usually yellowish brown. (See PRIMATES.)

(R. L.*)

AVALANCHE (adopted from a French dialectic form, avalance, descent), a mass of snow and ice mingled with earth and stones, which rushes down a mountain side, carrying everything before it, and producing a strong wind which uproots trees on each side of its course. Where the supply of snow exceeds the loss by evaporation the surplus descends the mountain sides, slowly in the form of glaciers, or suddenly in ice-falls or in avalanches. A mass of snow may accumulate upon a steep slope and become compacted into ice by pressure, or remain loosely aggregated. When the foundation gives way, owing to the loosening effect of spring rains or from any other cause, the whole mass slides downward. A very small cause will sometimes set a mass of overloaded snow in motion. Thunder or even a loud shout is said to produce this effect when the mass is just poised, and Swiss guides often enjoin absolute silence when crossing dangerous spots.

AVALLON, a town of central France, capital of an arrondissement in the department of Yonne, 34 m. S.S.E. of Auxerre on a branch of the Paris-Lyon railway. Pop. (1906) 5197. The town, with wide streets and picturesque promenades, is finely situated on a promontory, the base of which is washed on the south by the Cousin, on the east and west by small streams. Its chief building, the church of St Lazare, dates from the 12th century. The two western portals are adorned with sculpture in the ornate Romanesque style; the tower on the left of the facade was rebuilt in the 17th century. The Tour de L'Horloge, pierced by a gateway through which passes the Grande Rue, is a 15th century structure containing a museum on its second floor. Remains of the ancient fortifications, including seven of the flanking towers, are still to be seen. Avallon has a statue of Vauban, the military engineer. The public institutions include the subprefecture, a tribunal of first instance, and a communal college. The manufacture of biscuits and gingerbread, and of leather and farm implements is carried on, and there is considerable traffic in wood, wine, and the live-stock and agricultural produce of the surrounding country.

Avallon (Aballo) was in the middle ages the seat of a viscounty dependent on the duchy of Burgundy, and on the death of Charles the Bold passed under the royal authority.

AVALON (also written AVALLON, AVOLLON, AVILION and AVELION), in Welsh mythology the kingdom of the dead, afterwards an earthly paradise in the western seas, and finally, in the Arthurian romances, the abode of heroes to which King Arthur was conveyed after his last battle. In Welsh the name is Ynys yr Afallon, usually interpreted "Isle of Apples," but possibly connected with the Celtic tradition of a king over the dead named Avalloc (in Welsh Afallach). If the traditional derivation is correct, the name is derived from the Welsh afal, an apple, and, as no other large fruit was well known to the races of northern Europe, is probably intended to symbolize the feasting and enjoyments of elysium. Other forms of the name are Ynysvitrin and Ynysgutrin, "Isle of Glass"—which appear to be identical with Glasberg, the Teutonic kingdom of the dead. Perhaps owing to a confusion between Glasberg or Ynysvitrin and the Anglo-Saxon Glaestinga-burh, Glastonbury, the name "Isle of Avalon" was given to the low ridge in central Somersetshire which culminates in Glastonbury Tor, while Glastonbury itself came to be called Avalon. Attempts have also been made to identify Avalon with other places in England and Wales.

See Studies in the Arthurian Legend, by J. Rhys (Oxford, 1891); also ARTHUR (KING); ATLANTIS.

AVARAY, a French territorial title belonging to a family some of whose members have been conspicuous in history. The Bearnaise family named Besiade moved into the province of Orleanais in the 17th century, and there acquired the estate of Avaray. In 1667 Theophile de Besiade, marquis d'Avaray, obtained the office of grand bailiff of Orleans, which was held by several of his descendants after him. Claude Antoine de Besiade, marquis d'Avaray, was deputy for the bailliage of Orleans in the states-general of 1789, and proposed a Declaration of the Duties of Man as a pendant to the Declaration of the Rights of Man; he subsequently became a lieutenant-general in 1814, a peer of France in 1815, and duc d'Avaray in 1818. Antoine Louis Francois, comte d'Avaray, son of the above, distinguished himself during the Revolution by his devotion to the comte de Provence, afterwards Louis XVIII., whose emigration he assisted. Having nominally become king in 1799, that prince created the estate of Ile-Jourdain a duchy, under the title of Avaray, in favour of the comte d'Avaray, whom he termed his "liberator."

(M. P.*)

AVARS, or AVARI, an East Caucasian people, the most renowned of the Lesghian tribes, inhabiting central Daghestan (see LESGHIANS). They are the only Lesghian tribe who possess a written language, for which they make use of the Arabic characters. They are often confused with the Avars whose empire on the Danube was broken by Charlemagne; but Komarov asserts that they are of more recent origin as a tribe, their name being Lowland Turki for "vagrant" or "refugee."

AVATAR, a Sanskrit word meaning "descent," specially used in Hindu mythology (and so in English) to express the incarnation of a deity visiting the earth for any purpose. The ten Avatars of Vishnu are the most famous. The Hindus believe he has appeared (1) as a fish, (2) as a tortoise, (3) as a hog, (4) as a monster, half man half lion, to destroy the giant Iranian, (5) as a dwarf, (6) as Rāma, (7) again as Rāma for the purpose of killing the thousand-armed giant Cartasuciriargunan, (8) as Krishna, (9) as Buddha. They allege that the tenth Avatar has yet to occur and will be in the form of a white-winged horse (Kalki) who will destroy the earth.

AVEBURY, JOHN LUBBOCK, 1ST BARON (1834- ), English banker, politician and naturalist, was born in London [v.03 p.0052] on the 30th of April 1834, the son of Sir John William Lubbock, 3rd baronet, himself a highly distinguished man of science. John Lubbock was sent to Eton in 1845; but three years later was taken into his father's bank, and became a partner at twenty-two. In 1865 he succeeded to the baronetcy. His love of science kept pace with his increasing participation in public affairs. He served on commissions upon coinage and other financial questions; and at the same time acted as president of the Entomological Society and of the Anthropological Institute. Early in his career several banking reforms of great importance were due to his initiative, while such works as Prehistoric Times (1865) and The Origin of Civilization (1870) were proceeding from his pen. In 1870, and again in 1874, he was elected a member of parliament for Maidstone. He lost the seat at the election of 1880; but was at once elected member for London University, of which he had been vice-chancellor since 1872. He carried numerous enactments in parliament, including the Bank Holidays Act 1871, and bills dealing with absconding debtors, shop hours regulations, public libraries, open spaces, and the preservation of ancient monuments, and he proved himself an indefatigable and influential member of the Unionist party. A prominent supporter of the Statistical Society, he took an active part in criticizing the encroachment of municipal trading and the increase of the municipal debt. He was elected the first president of the Institute of Bankers in 1879; in 1881 he was president of the British Association, and from 1881 to 1886 president of the Linnaean Society. He received honorary degrees from the universities of Oxford, Cambridge (where he was Rede lecturer in 1886), Edinburgh, Dublin and Wuerzburg; and in 1878 was appointed a trustee of the British Museum. From 1888 to 1892 he was president of the London Chamber of Commerce; from 1889 to 1890 vice-chairman and from 1890 to 1892 chairman of the London County Council. During the same period he served on royal commissions on education and on gold and silver. In 1890 he was appointed a privy councillor; and was chairman of the committee of design on the new coinage in 1891. In 1900 he was raised to the peerage, under the title of Baron Avebury, and he continued to play a leading part in public life, not only by the weight of his authority on many subjects, but by the readiness with which he lent his support to movements for the public benefit. Among other matters he was a prominent advocate of proportional representation. As an original author and a thoughtful popularizer of natural history and philosophy he had few rivals in his day, as is evidenced by the number of editions issued of many of his writings, among which the most widely-read have been: The Origin and Metamorphoses of Insects (1873), British Wild Flowers (1875), Ants, Bees and Wasps (1882), Flowers, Fruit and Leaves (1886), The Pleasures of Life (1887), The Senses, Instincts and Intelligence of Animals (1888), The Beauties of Nature (1892), The Use of Life (1894).

AVEBURY, a village in the Devizes parliamentary division of Wiltshire, England, on the river Kennet, 8 m. by road from Marlborough. The fine church of St James contains an early font with Norman carving, a rich Norman doorway, a painted reredos, and a beautiful old roodstone in good preservation. Avebury House is Elizabethan, with a curious stone dovecot. The village has encroached upon the remains of a huge stone circle (not quite circular), surrounded by a ditch and rampart of earth, and once approached by two avenues of monoliths. Within the larger circle were two smaller ones, placed not in the axis of the great one but on its north-eastern side, each of which consisted of a double concentric ring of stones; the centre being in one case a menhir or pillar, in the other a dolmen or tablestone resting on two uprights. Few traces remain, as the monoliths have been largely broken up for building purposes. The circle is the largest specimen of primitive stone monuments in Britain, measuring on the average 1200 ft. in diameter. The stones are all the native Sarsens which occur everywhere in the district, and show no evidence of having been hewn. Those still remaining vary in size from 5 to 20 ft. in height above ground, and from 3 to 12 ft. in breadth. As in the case of Stonehenge, the purpose for which the Avebury monument was erected has been the source of much difference of opinion among antiquaries, Dr Stukely (Stonehenge a Temple restored to the British Druids, 1740) regarding it as a Druidical temple, while Fergusson (Rude Stone Monuments, 1872) believed that it, as well as Silbury Hill, marks the site of the graves of those who fell in the last Arthurian battle at Badon Hill (A.D. 520). The majority of antiquaries, however, see no reason for dissociating its chronological horizon from that of the numerous other analogous monuments found in Great Britain, many of which have been shown to be burial places of the Bronze Age. Excavations were carried out here in 1908, but without throwing any important new light on the monument.

There are many barrows on the neighbouring downs, besides traces of a double oval of monoliths on Hackpen hill, and the huge mound of Silbury Hill. Waden Hill, to the south, has been, like Badbury, identified with Badon Hill, which was the traditional scene of the twelfth and last great battle of King Arthur in 520. The Roman road from Winchester to Bath skirts the south side of Silbury Hill.

At the time of the Domesday Survey, the church of Avebury (Avreberie, Abury), with two hides attached, was held in chief by Rainbold, a priest, and was bestowed by Henry III. on the abbot and monks of Cirencester, who continued to hold it until the reign of Henry VIII. The manor of Avebury was granted in the reign of Henry I. to the Benedictine monks of St George of Boucherville in Normandy, and a cell from that abbey was subsequently established here. In consequence of the war with France in the reign of Edward III., this manor was annexed by the crown, and was conferred on the newly founded college of New College, Oxford, together with all the possessions, spiritual and temporal, of the priory.

AVEIA, an ancient town of the Vestini, on the Via Claudia Nova, 6 m. S.E. of Aquila, N.E. of the modern village of Fossa. Some remains of ancient buildings still exist, and the name Aveia still clings to the place. The identification was first made by V. M. Giovenazzi, Della Citta di Aveia ne' Vestini (Rome, 1773). Paintings in the church of S. Maria ad Cryptas, of the 12th to 15th centuries, are important in the history of art. An inscription of a stationarius of the 3rd century, sent here on special duty (no doubt for the suppression of brigandage), was found here in 1902 (A. von Domaszewski, Roem. Mitt., 1902, 330).

AVEIRO, a seaport, episcopal see, and the capital of an administrative district, formerly included in the province of Beira, Portugal; on the river Vouga, and the Lisbon-Oporto railway. Pop. (1900) 9979. Aveiro is built on the southern shore of a marshy lagoon, containing many small islands, and measuring about 15 m. from north to south, with an average breadth of about 1 m. The Barra Nova, an artificial canal about 33 ft. deep, was constructed between 1801 and 1808, and gives access to the Atlantic ocean. The local industries include the preparation of sea-salt, the catching and curing of fish, especially sardines and oysters, and the gathering of aquatic plants (molico). There is also a brisk trade in wine, oil and fruit; while the Aveiro district contains copper and lead mines, besides much good pasture-land.

Aveiro is probably the Roman Talabriga. In the 16th century it was the birthplace of Joao Affonso, one of the first navigators to visit the fishing-grounds of Newfoundland; and it soon became famous for its fleet of more than sixty vessels, which sailed yearly to that country, and returned laden with dried codfish. During the same century the cathedral was built, and the city was made a duchy. The title "duke of Aveiro" became extinct when its last holder, Dom Jose Mascarenhas e Lancaster, was burned alive for high treason, in 1759. The administrative district of Aveiro coincides with the north-western part of the province of Beira; pop. (1900) 303,169; area, 1065 sq. m.

AVELLA (anc. Abella), a city of Campania, Italy, in the province of Avellino, 23 m. N.E. of Naples by rail. Pop. (1901) 4107. It is finely situated in fertile territory and its nuts (nuces Abellanae) and fruit were renowned in Roman days. About 2 m. to the north-east lies Avella Vecchia, the ancient Abella, regarded [v.03 p.0053] by the ancients as a Chalcidian colony. An important Oscan inscription relates to a treaty with Nola, regarding a joint temple of Hercules, attributable to the 2nd century B.C. Under the early empire it had already become a colony and had perhaps been one since the time of Sulla. It has remains of the walls of the citadel and of an amphitheatre, and lay on the road from Nola to Abellinum, which was here perhaps joined by a branch from Suessula.

See J. Beloch, Campanien (2nd ed., Breslau, 1890), 411 seq.

(T. AS.)

AVELLINO, a city and episcopal see of Campania, Italy, the capital of the province of Avellino, 1150 ft. above sea-level, 28 m. direct and 59 m. by rail E.N.E. of Naples, at the foot of Monte Vergine. Pop. (1901) 23,760. There are ruins of the castle constructed in the 9th or 10th century, in which the antipope Anacletus II. crowned Count Roger II. king of Sicily and Apulia. Avellino is the junction of lines to Benevento and Rocchetta S. Antonio. The name is derived from the ancient Abellinum, the ruins of which lie 2-1/2 m. north-east, close to the village of Atripalda, and consist of remains of city walls and an amphitheatre in opus reticulatum, 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 Abellinates cognomine Protropi among the Hirpini, and the Abellinates cognominati Marsi among the Apulians (Nissen, Italische Landeskunde, ii. 822). It lay on the boundary of Campania and the territory of the Hirpini, at the junction of the roads from Nola (and perhaps also from Suessula) and Salernum to Beneventum.

The Monte Vergine (4165 ft.) lies 4 m. to the N.W. of Avellino; upon 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 8th 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 Naples.

(T. AS.)

AVEMPACE [Abu Bakr Muḥammad ibn Yaḥya, known as Ibn Bājja or Ibn Ṣa'igh, i.e. son of the goldsmith, the name being corrupted by the Latins into Avempace, Avenpace or Aben Pace], the earliest and one of the most distinguished of the Arab philosophers of Spain. Little is known of the details of his life. He was born probably at Saragossa towards the close of the 11th century. According to Ibn Khāqān, a contemporary writer, he became a student of the exact sciences and was also a musician and a poet. But he was a philosopher as well, and apparently a sceptic. He is said to have rejected the Koran, to have denied the return to God, and to have regarded death as the end of existence. But even in that orthodox age he became vizier to the amir of Murcia. Afterwards he went to Valencia, then to Saragossa. After the fall of Saragossa (1119) he went to Seville, then to Xativa, where he is said to have returned to Islam to save his life. Finally he retired to the Almoravid court at Fez, where he was poisoned in 1138. Ibn 'Usaibi'a gives a list of twenty-five of his works, but few of these remain. He had a distinct influence upon Averroes (see ARABIAN PHILOSOPHY).

For his life see McG. de Slane's trans. of Ibn Khallikān's Biographical Dictionary (Paris and London, 1842), vol. iii. pp. 130 ff., and Ibn 'Usaibi'a's biography translated in P. de Gayangos' edition of the History of the Mohammedan Dynasties in Spain, by al-Maqqari (London, 1840), vol. ii., appendix, p. xii. List of extant works in C. Brockelmann's Geschichte der arabischen Litteratur, vol. i. p. 460. For his philosophy cf. T. J. de Boer's The History of Philosophy in Islām (London, 1903), ch. vi.

(G. W. T.)

AVENARIUS, RICHARD HEINRICH LUDWIG (1843-1896), German philosopher, was born in Paris on the 19th of November 1843. His education, begun in Zuerich and Berlin, was completed at the university of Leipzig, where he graduated in 1876. In 1877 he became professor of philosophy in Zuerich, where he died on the 18th of August 1896. At Leipzig he was one of the founders of the Akademisch-philosophische Verein, and was the first editor of the Vierteljahrsschrift fuer wissenschaftliche Philosophie. In 1868 he published an essay on the Pantheism of Spinoza. His chief works are Philosophie als Denken der Welt gemaess dem Princip des kleinsten Kraftmasses (1876) and the Kritik der reinen Erfahrung (1888-1890). 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 Kritik 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, Philos. Stud. xiii. (1897); Carstanjen and Willy in Zeitsch. f. wiss. Philos. xx. (1896), 361 ff.; xx. 57 ff.; xxii. 53 ff.; J. Petzoldt's Einfuehrung in d. Philos. d. reinen Erfahrung (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 a 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 (q.v.) and in many lands the institution of blood-money, and the wergild 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. esventail, presumably from a Latin word exventaculum, air-hole), the mouthpiece of an old-fashioned helmet, movable to admit the air.

AVENTINUS (1477-1534), the name taken by JOHANN TURMAIR, author of the Annales Boiorum, or Annals of Bavaria, 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 Bavaria-Munich. He retained this position until 1517, wrote a Latin 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 Boiorum, about 1517, and finishing this book in 1521, undertook a German version of it, entitled Bayersche Chronik, which he completed some years later. He assisted to found the Sodalitas litteraria Angilostadensis, 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 for 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 Regensburg on the 9th of January 1534. The Annales, which are 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 of writing history. The Annales 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 Cisner. 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 (1881-1886). More recently a new edition (six vols.) has appeared.

See T. Wiedemann, Johann Turmair gen. Aventinus (Freising, 1858); W. Dittmar, Aventin (Noerdlingen, 1862); J. von Doellinger, Aventin und seine Zeit (Munich, 1877); S. Riezler, Zum Schutze der neuesten Edition von Aventins Annalen (Munich, 1886); F. X. von Wegele, Aventin (Bamberg, 1890).

[v.03 p.0054] AVENTURINE, or AVANTURINE, a variety of quartz containing spangles of mica or scales 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 fuchsite or chrome-mica, is also known. This green aventurine, highly valued by the Chinese, is said to occur in the Bellary district in India.

Aventurine felspar, known also as Sun-stone (q.v.) 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 aventurine-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 avventurino. 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. avenir, to come to), a way of approach; more particularly, the chief entrance-road 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 Shaftesbury Avenue in London.

AVENZOAR, or ABUMERON [Abū Merwān 'Abdal-Malik ibn Zuhr], Arabian physician, who flourished at the beginning of the 12th 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 Avenzoar 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, 1490, has passed through several editions.

AVERAGE, a term found in two main senses. (1) The first, which occurs in old law, is from a Law-Latin averagium, and is connected with the Domesday Book avera, the "day's work which the king's tenants gave to the sheriff"; it is supposed to be a form of the O. Fr. ovre (oeuvre), work, affected by aver, the O. 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." (2) The second word, which represents the modern usages, is also uncertain in its derivation, but corresponded with the Fr. avarie, and was early spelt "averays," recurring also as "avaria," "averia," 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, see 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 general 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 coadventurers 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 [Sidenote: History of the York-Antwerp rules.] rules in their contracts of affreightment and contracts of insurance (see INSURANCE: Marine). The honour of the achievement belongs to a small number of men who recognized the need of uniformity. The work began in May 1860 at the congress held at Glasgow, under the presidency of Lord Brougham, assisted by Lord Neaves. Further congresses were 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 rules 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 1890, a conference on the subject was held, this time at Liverpool, by the same Association, under the able presidency of Dr F. Sieveking, president of the Hanseatic High Court of Appeal at Hamburg. Important changes were then made, carrying further certain departures from English law, already apparent in the earlier rules, in favour of views prevailing upon the continent of Europe and in the United States. The new rules were styled the [v.03 p.0055] York-Antwerp Rules 1890. In practice they quickly displaced those of 1877; and in 1892, at a conference of the same Association held at Genoa, it was formally declared that the only international rules of general average having the sanction and authority of the association were the York-Antwerp Rules as revised in 1890, and that 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 and 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 upon the law of the place of destination, and so do not vary according to the destination, or the place at which the voyage may 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.

RULE II.—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 water which goes down a ship's hatches opened, or other opening made for the purpose of making a jettison for the common safety, shall be made good as G.A.

RULE III.—EXTINGUISHING FIRE ON SHIPBOARD

Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as G.A.; except that no compensation shall be made for damage to such portions of the ship and bulk cargo, or to such separate packages of cargo, as have been on fire.

RULE IV.—CUTTING AWAY WRECK

Loss or damage caused by cutting away the wreck or remains of spars, or of other things which have previously been carried away by sea-peril, shall not be made good as G.A.

RULE V.—VOLUNTARY STRANDING

When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably sink, 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 be made good as G.A. But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as G.A.

RULE VI.—CARRYING PRESS OF SAIL—DAMAGE TO OR LOSS OF SAILS

Damage to or loss of sails and spars, or either of them, caused by forcing a ship off the ground or by driving her higher up the ground, for the common safety, shall be made good as G.A.; but where a ship is afloat, no loss or damage caused to the ship, cargo and freight, or any of them, by carrying a press of sail, shall be made good as G.A.

RULE VII.—DAMAGE TO ENGINES IN REFLOATING A SHIP

Damage caused to machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in G.A., when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage.

RULE VIII.—EXPENSES OF LIGHTENING A SHIP WHEN ASHORE, AND CONSEQUENT DAMAGE

When a ship is ashore, and, in order to float her, cargo, bunker coals and ship's stores, or any of them, are discharged, the extra cost of lightening, lighter hire, and reshipping (if incurred), and the loss or damage sustained thereby, shall be admitted as G.A.

RULE IX.—CARGO, SHIP'S MATERIALS, AND STORES BURNT FOR FUEL

Cargo, ship's materials and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as G.A., when and only when an ample supply of fuel had been provided; but the estimated quantity of coals that would have been consumed, calculated at the price current at the ship's last port of departure at the date of her leaving, shall be charged to the shipowner and credited to the G.A.

RULE X.—EXPENSES AT PORT OF REFUGE, &c.

(a) When a ship shall have entered a port or place of refuge, or shall have returned to her port or place of loading, in consequence of accident, sacrifice, or other extraordinary circumstances, which render that necessary for the common safety, the expenses of entering such port or place 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.

(b) 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 after the date of the ship's condemnation or of the abandonment of the voyage shall be admitted as G.A.

(d) If a ship under average be in a port or place at which it is practicable to repair her, so as to enable her to carry on the whole cargo, and if, in order to save expenses, either 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 shall or should have been made ready to proceed upon her voyage, shall be admitted as G.A. But when this ship is condemned or does 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, &c.

Damage done to or loss of cargo necessarily caused in the act of discharging, storing, reloading and stowing shall be made good as 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 the 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 1 year old (A.)

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

Between 1 and 3 years (B.)

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 and 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.

Between 3 and 6 years (C.)

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).

Between 6 and 10 years (D.)

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

Between 10 & 15 years (E.)

One-third to be deducted off all repairs and renewals, except ironwork of hull and cementing and chain cables, from which one-sixth to be deducted. Anchors to be allowed in full.

Over 15 years (F.)

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

Generally (G.)

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.

[v.03 p.0056]

In the case of wooden or composite ships:—

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 cost 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 one-third.

In the case of ships generally:—

In the case of all ships, the expense of straightening bent ironwork, including labour of taking out and replacing it, shall be allowed in full.

Graving 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., either 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 MADE GOOD FOR CARGO LOST OR DAMAGED BY SACRIFICE

The amount to be made good as G.A. for damage or loss 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 as G.A. for property sacrificed; deduction being made from the shipowner's freight and passage-money 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 are allowed in G.A.

Passengers' luggage and personal effects, 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 law 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 safety 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]

[Sidenote: Port of refuge expenses.]

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 as G.A.; although the putting into port may have been for safety, and therefore a G.A. act. If the putting into port has been 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 are, in such a case, treated as consequences of the original sacrifice, and therefore subjects for contribution. But where the reason for putting in is to avoid some danger, such as a storm or hostile cruiser, or to effect repairs necessitated by some accidental damage to the ship, 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 flow 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 has 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 as in warehousing it, is by English practice treated as a charge to be borne by the cargo for 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 reason 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 are done at a port of call, as well as where done at a port of refuge. Again, when the cost of discharging is treated as G.A., so also are 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 X. (c)), together with any damage or loss incidental to those operations (Rule XII.).

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. Where the detention is to repair accidental damage it seems clear that they are not allowed. And in practice under common law, the allowance is 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 cattle is not entitled to have the extra wages and provisions of his cattlemen on board, nor the extra fodder consumed by the cattle during the stay at a repairing port, made as good as G.A. under Rules XI. and X. (Anglo-Argentine &c. Agency v. Temperley Shipping Co., 1899, 2 Q.B. 403).

[Sidenote: General average sacrifices.]

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 provisions upon some points on which authority was 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 whether such damage to ship or cargo should, at law, be allowed in G.A. But recent cases in the United States have raised the question whether the allowance should be made where the fire occurs in port, and is extinguished, not by the master, but by a public authority acting in the interests of the public. The Supreme Court of the United States decided against the allowance in 1894 in a case of Ralli v. Troup (157 U.S. 386). The ship had there been scuttled to put out a fire on board, by the port authority, acting upon their own judgment, but with the assent of the master. It was held that the damage suffered by ship and 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 of that adventure," but was the compulsory act of a public authority. On the other hand, in the English case of Papayanni v. Grampian S.S. Co. (I. Com. Ca. 448), Mathew, 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 been 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 held to express the law in England when the matter comes up for decision.

Rules VI. and VII. deal with the damage sustained by the ship, or her appliances, in efforts to force her off the ground when she has stranded. Such efforts involve an abnormal use which is likely to cause damage to sails and spars, or to engines and boilers; and they are treated as acts of sacrifice. The case of "The Bona," 1895 (P. 125) shows that the rules are in accord with English law upon the point. The court of appeal held that both the damage sustained by the engines while worked to get the ship off, and the coal and stores consumed, were subjects for G.A. contribution at common law.

[v.03 p.0057] Rule VIII. allows as G.A. any damage sustained by cargo when discharged 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 allowed by Rule XII. But in the latter case the allowance does not expressly extend to damage sustained while stored on land. Whether the law would require contribution to a loss of goods, say, by thieves or by fire, while landed for repairs, is not clear. Where the landing has been necessitated by a G.A. act, as cutting away masts, it would seem that the loss ought to be made good, as being a result of the special risks to which those goods have thereby been exposed. The risks which they would have run if they had remained on board throughout are taken into account, as will presently appear, in estimating how much of the damage is to be made good.

Where cattle were taken into a port of refuge in Brazil, owing to accidental damage to the ship, with the result that they could not legally be landed at their destination (Deptford), and had to be taken to another port (Antwerp), at which they were of much less value, this loss of value was allowed in G.A. (Anglo-Argentine &c. Agency v. Temperley Shipping Co., 1899, 2 Q.B. 403).

The case of a stranded ship and cargo often gives rise to difficulty as to whether the cost of operations to lighten the ship, and afterwards to get her floated, should be treated as G.A. expenditure, or as expenses separately incurred in saving the separate interests. The true conclusion seems to be that either the whole operation should be treated as one for the common safety, and the whole expense be contributed to by all the interests saved, or else the several parts of the operation should be kept distinct, debiting the cost of each to the interests thereby saved. Which of these two views should be adopted in any case seems to depend upon the motives with which the earlier operations (usually the discharge of the cargo) were presumably undertaken. It may, however, happen that this test cannot be applied once for all. Take the case of a stranded ship carrying a bulky cargo of hemp and grain, but carrying also some bullion. Suppose this last to be rescued and taken to a place of safety at small expense in comparison with its value. It may well be that that operation must be regarded as done in the interest simply of the bullion itself, but that the subsequent operations of lightening the ship and floating her can only be properly regarded as undertaken in the common interest of ship, hemp, grain and freight. In such a case there will be a G.A. contribution towards those later operations by those interests. But the bullion will not contribute; it will merely bear the expense of its own rescue (Royal Mail S. P. Co. v. English Bank of Rio de Janeiro, 1887, 19 Q.B.D. 362).

The York-Antwerp Rules have not only had the valuable result of introducing uniformity where there had been great variety, and corresponding certainty as to the principles which will be acted upon in adjusting any G.A. loss, but also they have introduced greater clearness and definiteness on points where there had been a want of definition. Thus Rule XIII. has laid down a careful and definite scale to regulate the deductions from the cost of repairs, in respect of "new for old," in place of the former somewhat uncertain customary rules which varied according to the place of adjustment; while at the same time the opportunity has been taken of adapting the scale of deductions to modern conditions of shipbuilding. And Rule XVII. lays down a rule as to contributory values in place of the widely varying rules of different countries as to the amounts upon which ship and freight shall contribute (cf. Gow, 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, i.e. 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 contribute in proportion to the benefits they have severally received by the completion of the adventure. Contributions are not made in proportion to the amounts at stake when the sacrifice was made, but in proportion to the results when the adventure has come to an end. An interest which has become lost after the sacrifice, during the subsequent course of the voyage, will pay nothing; an interest which has become depreciated will pay in proportion to the diminished value. The liability to contribute is inchoate only when the sacrifice has been made. It becomes complete when the adventure has come to an end, either by arrival at the destination, or by having been broken up at some intermediate point, while the interest in question still survives. To this there is one exception, in the case of G.A. expenditure. Where such expenditure has been incurred by the owner of one interest, generally by the shipowner, the repayment to him by the other interests ought not to be wholly dependent upon the subsequent safety of those interests at the ultimate destination. If those other interests or some of them arrive, or are realized, as by being landed at an intermediate 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 it; 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 L100 have been thrown overboard for the general safety, the owner of those goods must not receive the full L100 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 adventure 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 L100 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 L100 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 are paid by the 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. Lohre, 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 as collateral payments made on his behalf. This bases the claim against the insurer upon a fiction, for there has been no loss of [v.03 p.0058] the subject insured; in fact, the payment has been for averting such a loss. And it suggests that the insurer is not liable for salvage where the policy is free of particular average, which does not accord with practice.

Previous Part     1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16     Next Part
Home - Random Browse