英文法律词典 A-137

AVOIDANCE, eccl. law. It is when a benefice becomes vacant for want of an incumbent¹; and, in this sense, it is opposed to plenarty. Avoidances are in fact, as by the death of the incumbent or in law.

AVOIDANCE, pleading. The introductiou of new or special matter, which, admitting the premises² of the opposite party, avoids or repels⁴ his conclusions. Gould on PI. c. 1 24, 42.

AVOIR DU POIS, comm. law. The name of a peculiar⁵ weight. This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds avoir du pois, or two thousand two hundred and forty pounds net weight. Dane's Abr. c. 211, art. 12, 6. The avoir du pois ounce is less than the Troy ounce in the proportion of 72 to 79; though the pound is, greater. Eneye. Amer. art. Avoir du pois., For the derivation of this phrase, see Barr. on the Stat. 206. See the Report of Secretary of State of the United States to the Senate, February 22d, 1821, pp. 44, 72, 76, 79, 81, 87, for a learned exposition of the whole subject.

AVOUCIIER. The call which the tenant⁶ makes on another who is bound to him by warranty⁷ to come into court, either to defend the right against the demandant, or to yield him other land in value. 2 Tho. Co. Lit. 304.

AVOW⁸ or ADVOW, practice. Signifies to justify⁹ or maintain an act formerly¹⁰ done. For example, when replevin is brought for a thing distrained, and the distrainer¹¹ justifies¹² the taking, he is said to avow. Termes de la Ley. This word also signifies to bring forth¹³ anything. Formerly when a stolen thing was found in the possession of any one" he was bound advocare, i. e. to produce the seller from whom he alleged¹⁴ he had bought it, to justify the sale, and so on till they found the thief. Afterwards the word was taken to mean anything which a man admitted to be his own or done by him, and in this sense it is mentioned in Fleta, lib. 1, c. 5, par³ 4. Cunn., Dict. h. t.

AVOWANT, practice, pleading. One who makes an avowry.

AVOWEE, eccl. law. An advocate of a church benefice.

AVOWRY, pleading. An avowry is where the defendant¹⁵ in an action of replevin, avows¹⁶ the taking of the distress¹⁷ in his own right, or in right of his wife, and sets forth the cause of it, as for arrears¹⁸ of rent, damage done, or the like. Lawes on PI. 35 Hamm. N. P. 464; 4 Bouv. Inst. n. 3571.

2. An avowry is sometimes said to be in the nature of an action or of. a declaration, and privity of estate is necessary. Co. Lit. 320 a; 1 Serg. & R. 170-1. There is no general issue upon an avowry and it cannot be traversed cumulatively¹⁹. 5 Serg. & R. 377. Alienation²⁰ cannot be replied to it without notice; for the tenure²¹ is deemed to exist for the purposes of an avowry till notice be given of the alienation. Ham. Parties, 131-2; Ham. N. P. 398, 426.

AVOWTERER, Eng. law. An adulterer with whom a married woman continues in adultery. T. L.

AVOWTRY, Eng. law. The crime of adultery.

AVULSION. Where, by the immediate²² and manifest power of a river or stream, the soil is taken suddenly from one man's estate and carried to another. In such case the property belongs to the first owner. An acquiescence²³ on his part, however, will in time entitle the owner of the land to which it is attached to claim it as his own. Bract. 221; Harg. Tracts²⁴, De jure maris, &c. Toull. Dr. Civ. Fr. tom. 3, p. 106; 2. Bl. Com. 262; Schultes on Aq. Rights, 115 to 138. Avulsion differs from alluvion (q. v.) in this, that in the latter case the change of the soil is gradual and imperceptible.

AVUS. Grandfather. This term is used in making genealogical tables.