Page:Black's Law Dictionary (Second Edition).djvu/117

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


AVERAGE

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.

A grandmother.

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.

AVOCAT. Fr.

Advocate: an advocate.

AVOID. To aunul; cancel; make void; to destroy the elflcocy of anything.

L

109

AVOWBY

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.

To flCliIJDlViE(lgI'

AVOWANT. One who makes an avowry.

AVOWEI-1. In ecclesiastical law. advocate of a church benehce.

An

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,