Avoidance

A making void, useless, or empty. In Ecclesiastical Law. It exists when a beneiice becomes vacant for want of an incumbent. the admission of the truth of the allegations of the opposite party. See "Confession and Avoidance."

A making void, useless, or empty. In Ecclesiastical Law. It exists when a benefice becomes vacant for want of an incumbent. In Pleading. Repelling or excluding the conclusions or implications arising from the admission of the truth of the allegations of the opposite party. See Confession ani> Avoioance. AVOIRDUPOIS (Fr.). The name of a system of weight. This kind of weight is so named in distinction from the Troy weight. One pound avoirdupois contains seven thousand grains Troy; that is, fourteen ounces, eleven pennyweights, and sixteen grains Troy; a pound avoirdupois 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 two thousand pounds avoirdupois, or two thousand two hundred and forty pounds net weight. Dane, Abr. c 211, art. 12, § 6. The avoirdupois ounce is less than the Troy ounce in the proportion of 72 to 79; though the pound is greater. Encyc. Senate, February 22, 1S21, pp. 44, 72, 76, 79, 81, 87, for a learned exposition of the whole subject. See Weight.

A making void or of no effort; anmilllng, cancelling; escaping or evading.

In English ecclesiastical law. The term describes the condition of a benefice when it has no inchmbent. In parliamentary language, avoidance of a decision signifies evading or superseding a question, or escaping the coming to a decision 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 Co.nn. 175; Cooper v, Tappan, 9 Wis. 366; Meadows v. Insurance Co., 62 Iowa, 387, 17 N. W. 600; Uri v. Hirsch (O. Ct) 123 Fed. 570.

A making void, or of no effect; a state of being void or vacant, as, a benefice, when void of an incumbent; the evadjng or escaping from the legal effect of a pleading by alleging new matter. V. Confession and avoidance.

<A making effect; annulling, cancelling; evading. In English ecclesiastical term describes the condition of when it has no incumbent. In parliamentary language, decision signifies evading or question, or escaping the coming cision upon a pending question. in pleading. The allegation

A makuig void; an evading or escaping; the state of bei Qg vacant, v. Confession, Plea.

A makiug void, or of no effect. See Avoid. In English ecclesiastical law. A state of being void or vacant. The condition of a benefice, when void of an incumbent; the opposite of plenarty. Jacob.

In pleading. The evading or escapmg from the legal effect of a pleading, by alleging new matter m answer to it. Stq>h, Pi, 199. See Confession and avoidance.