KFLCC Kingdom Law 2nd Ed.

109

AVOWRY

AVERAGE

and transportation by the whole quantity of tonnage carried, reduced to a common standard of tons moved one mile. Hersh v. Railway Co., 74 Pa. 190.— Average prices. Such as are computed on all the prices of any articles sold within a certain period or district.— Gross average. In maritime law. A contribution made by the owners of a ship, its cargo, and the freight, towards the loss sustained by the volun tary and necessary sacrifice of property for the common safety, in proportion to their respective interests. More commonly called "general aver age," (q. v.) See 3 Kent, Comm. 232; 2 Steph. Comm. 179. Wilson v. Cross, 33 Cal. 69. This term was applied to working cattle, such as horses, oxen, etc. — Averia carrucse. Beasts of the plow.— Averiis captis in withernam. A writ granted to one whose cattle were unlawfully dis trained by another and driven out of the coun ty in which they were taken, so that they could not be replevied by the sheriff. Reg. Orig. 82. A positive statement of facts, in opposition to argument or inference. 1 Chit. PL 320. In old pleading. An offer to prove a plea, or pleading. The concluding part of a plea, replication, or other pleading, contain ing new affirmative matter, by which the party offers or declares himself "ready to verify." In feudal law. A duty re quired from some customary tenants, to car ry goods In a wagon or upon loaded horses. 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, Comm. 517. — Aversio pericnli. A turning away of peril. Used of a contract of insurance. 3 Kent, Comm. 263. AVERXJM. Goods, property, substance; a beast of burden. Spelman. AVERIA. In old English law. AVERMENT. In pleading. AVERRARE. AVERSIO.

AVOIDANCE. A making void, or of no effect; annulling, cancelling; escaping or evading. In English ecclesiastical 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 statement of new matter, in opposition to a former pleading, which, admitting the facts alleged in such former pleading, shows cause why they should not have their ordinary legal effect Mahaiwe Bank v. Douglass, 31 Conn. 175; Cooper v. Tappan, 9 Wis. 366; Mead ows v. Insurance Co., 62 Iowa, 387, 17 N. W. 600; Uri v. Hirsch (O. O.) 123 Fed. 570. The name of a system of weights (sixteen ounces to the pound) used in weighing articles other than medi cines, metals, and precious stones. The calling upon a war rantor of lands to fulfill his undertaking. In French law. A barrister, advocate, attorney. An officer charged with representing and defending parties before the tribunal to which he is attached. Du verger. 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. Newell Mill Co. v. Muxlow, 115 N. Y. 170, 21 N. E. 1048. 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 dis tress 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 S Bl. Comm. 149; 1 Tidd. Pr. 645. Brown v. Bissett, 21 N. J. Law, 274; Hill v. Miller, 5 Serg. & R. (Pa.) 357. Avowry is the setting forth, as in a declara tion, the nature and merits of the defendant's case, showing that the distress taken by him was lawful, which must be done with such suf ficient authority as will entitle him to a retor no habendo. Hill v. Stocking, 6 Hill (N. Y.) 284. An avowry must be distinguished from a jus tification. The former species of plea admits the plaintiff's 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, AVOIRDUPOIS. AVOUCHER. AVOUE. AVOW. In pleading. To acknowledge

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.