Blacks Law Dict. 1st ed

AVERIIS

AVULSION

110

leged in such former pleading, shows cause why they should not have their ordinary le gal effect. AVOIRDUPOIS. The name of a system of weights (sixteen ounces to the pound) used in weighing articles other than medicines, metals, and precious stones. AVOUCHER. The calling upon a war rantor of lands to fulfil his undertaking. AVOUE. In French law. A barrister, advocate, attorney. An officer charged with representing and defending parties before the tribunal to which he is attached. Duverger. AVOW. In pleading. To acknowledge and justify an act done. To make an avowry. For example, when replevin is brought for a thing distrained, and the party taking claims that he had a right to make the distress, he is said to avow. AVOWANT. One who makes an avowry. AVOWEE. In ecclesiastical law. An advocate of a church benefice. AVOWRY. A pleading in the action of replevin, by which the defendant avows, that is, acknowledges, the taking of the distress or property complained of, where he took it in his own right, and sets forth the reason of it; as for rent in arrear, damage done, etc 3 Bl. Comm. 149; 1 Tidd, Pr. 645. Avowry is the setting forth, as in a declaration, the nature and merits of the defendant's case* showing that the distress taken by him was lawful, which must be done with such sufficient authority as will entitle him to a retorno habendo. 6 Hill, 284. An avowry must be distinguished from A justifi cation. The former species of plea admits the plaintiffs ownership of the property, but alleges a right in the defendant sufficient to warrant him In taking the property and which still subsists. A justification, on the other hand, denies that the plaintiff had the right of property or possession in the subject-matter, alleging it to have been in the defendant or a third person, or avers a right suffi cient to warrant the defendant in taking it, al though such right has not continued in force to the time of making answer. AVOWTERER. In English law. An adulterer with whom a married woman con tinues in adultery. Termes de la Ley. AVOWTRY. In old English law. Adul tery. Termes de la Ley. AVULSION. The removal of a consid erable quantity of soil from the land of on* man, and its deposit upon or annexation to the land of another, suddenly and by the per ceptible action of water. 2 Washb. Beat Prop. 452.

AVERIIS CAPTIS IN WITHERNAM. A writ granted to one whose cattle were un lawfully distrained by another and driven out of the county in which they were taken, so that they could not be repleviejd by the sheriff. Beg. Orig. 82. AVERMENT. In pleading. A positive statement of facts, in opposition to argument or inference. 1 Chit. PI. 320. In old pleading. An offer to prove a plea, or pleading. The concluding part of a plea, replication, or other pleading, containing new affirmative matter, by which the party offers or declares himself "ready to verify." AVEREAEE. In feudal law. A duty required from some customary tenants, to carry goods in a wagon or upon loaded horses. AVERSIO. In the civil law. An avert ing or turning away. A term applied to a species of sale in gross or bulk. Letting a house altogether, instead of in chambers. 4 Kent, Gomm. 517. AVERSIO PERICULI. A turning away of peril. Used of a contract of insurance. 3 Kent, Comm. 263. AVERUM. Goods, property, substance; a beast of burden. Spelman. AVET. A term used in the Scotch law, signifying to abet or assist. AVIA. In the civil law. A grandmother. Inst. 3, 6, 3. AVIATICUS. In the civil law. A grand son. AVIZANDUM. In Scotch law. To make avizandum with a process is to take it from the public court to the private consideration of the judge. Bell. AVOCAT. Fr. Advocate; an advocate. AVOID. To annul; cancel; make void; to destroy the efficacy of anything. AVOIDANCE. A making void, or of no effect; annulling, cancelling; escaping or evading. In English eoclesiastical law. The term describes the condition of a benefice when it has no incumbent. In parliamentary language, avoidance of a decision signifies evading or superseding a question, or escaping the coming to a de cision upon a pending question. Holthouse. In pleading. The allegation or state ment of new matter, in opposition to a for mer pleading, which, admitting the facts al

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