and transportation by the whole quantity 0! tonnage curled reduced to a common stiindn of tons EDU~|‘Ll one mile. Hersh v. 1LLilway Co., 74 Pa. 190.—Avex'nge prices. Such as are unrated on all the prices of any articles sold ahrin a ceitain period or disI.'rict.—Gx-one average. In maritime law. A contribution mule by the owners of a ship. itn cargo, and the fnldrt, v »ward, the loss sustained by the volun- l:.r_v and n. .y ‘.—.iry sacrifice of property for the warm“ saIs~._,. in proportion to their iespective blunts. More commonly caller] “general aver- I-.-,'‘ (q. 12.; See J Kent. Comm. ' : 2 S
J teph. Lonim. 119. Wilson v. Cross, 33 Cal. 69.
AVEBIA. In old English law. This term “"15 applied to working cattle, such as borscs. oxen. etc.
-—Avei-Ia can-nose. Beasts of the plow.- Averill enptis in witliernnni. A writ gllnlxii to one whose cattle were unlawfully dislr.-iuied h_y nnother and driven out of the coun-
u in uhuh they were taken. so that they could not ‘re IV'])i -riuil by the sheriff. Reg. Orig. 82.
AVERMENT. In pleading. A positive shirt-iueiit of facts, in opposition to arguiuent or inf:-reuce. 1 Chit. P1. 320.
In old pleading. An offer to prove a plea, or pleading. The concluding part of a plea. rqiiication, or other pleading, containing new alfiruiative matter, by which the party oliers or declares himself "ready to -arrlfy"
AVERRARE. In feudal law. A duty re- quired from some customary tenants, to carry goods in a wagon or upon loaded horses.
AVERSIO. In the civil law. An averting or turning away. A term applied to a sxecies of S'lie In gross or bulk. Letting a house altogether. instead or in chambers. 4 Kent, Comm. 517.
—_Avei-sin periculi. A turning away of peril. Ll‘ of a contract of insurance. 3 Kent. Comm.
AVERUM. Goods, property, substance: a beast of burden. Spelman.
aver. A term used In the Scotch law, aliznirying to abet or assist.
AVIA. In the civil law. Inst. 3. E. 3.
AVIATICUS. In the civil law. A grand- IUIL
AVIZANDIIM. In Scotch law. To make !h"6:riuliuu nith :1 proccss is to take it from the pilnlic court to the private consideration of the judge Bell.
Advocate: an advocate.
AVOID. To aunul; cancel; make void; to destroy the elflcocy of anything.
AVOIDANCE. A making void, or of no effect; annuliing, cancelling; escaping or evading.
In English ecclesiastical law. The term describes the condition of u beuefice when it has no incumbent.
In parliamentary language, avoidance of a dcuision signifies evading or superseiling a question, or escaping the coming to a de cision upon a pending question. Hoitht-use.
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. Mahnlwe Bank v. Douglass, 31 Conn. 17.:; Cooper v. Tappnn, 9 Wis. 36h Mead- ows v. Insurance Co. 62 Iowa, 2 . 17 N. W. 000; Uri v. Hirsch (C. 0.) 12% Fed. 570.
AVOIRDUPOIS. The name of 1 system of weights (sixteen ounces to the pound) used in weighing articles other than inedicines, metals, and precious stones.
AVOUCI-IER. The calling upon a warrantor of lands to fulfill his undertakhig.
AVOUE. In French law. A barrister. advocate, attorney. An officer charged uith rupresenting and defending parties before the tribunal to which he is attached. Du- verger.
AVOW. In pleading. and justify an act done
To make an ovowry. For example, when replevln is brought for 1 thing (liS[‘I‘£lll.lE3tl, and the party taking claims that he had a right to make the distress, he is said to avow. Nowell Mill CO. v. Muxlow, 115 N. Y. 170, 21 N. E. 1048.
AVOWANT. One who makes an avowry.
AVOWEI-1. In ecclesiastical law. advocate of a church benehce.
AVOWRY. A pleading in the action of repieiiu, by which the defendant at-oivs, that is, mlmowledges, the taking at 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 Tidal. Pr (H5. Brown v. Blssett. 21 N. J. Law, 274; Hill v. Miller. 5 Sens. & R. (Pa.) 357.
Avowry is the setting forth, as in a declaration, the nature and merits of the defendant's case, slinning that the distress laknn by him was lawful. vshich must be done \\iI:h such suf- hncut iuiihoritv ‘IS vsill entitle him to a rr:lor- Ivlnbemla. Hill v. Stocking, 6 Hill (N. Y.) \n arorvry must be distinguished from a im- tification. The former species of plea admits the plainLlfi"a ownership of the property, but nllcges a right in the defendant sntficicnt to warrant him in taking the property and which
still suhsists. A justification, on the other hand,