Century Dictionary and Cyclopedia
- n. In old law, the act of the distraiuer of goods, who, in an action of replevin, avowed and justified the taking by maintaining that he took them in his own right: thus distinguished from cognizance, which was the defense of one who maintained that he took them in the right of another as his bailiff or servant.
- n. A patron saint chosen for one's advocacy in heaven: often applied to a picture or representation of the patron saint, and hence the cognizance by which a knight was known, because the representation of his patron saint borne on his pennon became such a cognizance.
GNU Webster's 1913
- n. obsolete An advocate; a patron; a patron saint.
- n. The act of the distrainer of goods, who, in an action of replevin, avows and justifies the taking in his own right.
“For if any of the commoners were to make avowry for beasts taken in the common pasture it would then follow that if the Inquest were to pass against the plaintiff, he who avowed the taking in the common pasture would have the return of the beasts and the amends, and not the lord of the pasture, and that would be improper.”
“And as soon as he heard that name he was full of joy, and for gladness let fall tears from his eyes, giving laud and thanksgiving to Almighty God, and to S. John his avowry that he would vouchsafe to let him have knowledge of his departing out of this world.”
“But it cannot be in an avowry to a replevin, becaufe the avowry is to juftify the taking the cattle \ and whether the mo - ney is paid or not, is not the queftion; but if the diftrefs was rightfully taken, the avowant muft have a return; if wrongfully, he muft anfwer the plaintiff's damages.”
“If Vide H.Bl. 34. then the profert was fuperfluous, fo was the avowant's ac - cepting it, and judgment muft be given for the avowant on the avowry, by which it appears that rent was behind, and the diftrefs lawful, and to which there is no fufficient, anfwer.”
“Replevin of goods and cattle, avowry for a diilrefs for rent on a leafe for a year.”
“The Law of Replevins. difclaimer to any avowry on the ftatutc of H. 8. — becaufe the avowry on the aft is not on any perfon certaiW, but on lands with - in the lord's fee and feigniory; and there - fore whoever takes up the defence to fuch avowry muft be only a perfon concerned”
“And in this cafe the avowry and aftion of debt ftand on the fame reafon, and agree.”
“On which day here comes as well the faid Sylas as the faid IV. by their attornies aforefaid; and hereupon the pre - judgment for miffes being feen, and by the juftices here more fully underffood, the plaintiff. it feems to the faid juftices here, that the faid plea of the faid Sylas above in rejoining pleaded, and the matter in the fame con - tained, is fufficient in law to preclude him the faid IV. from hav - ing his avowry and cognifance aforefaid,, as the faid Sylas hath above alledged; wherefore the laid Sylas ought to recover his damages The caufe.”
“4 CQn - acJ8 APPENDIX, contained, are not fufficient in law to pre - clude them the faid ThomaSy Robert and Ricbardy from having their avowry and cognifance aforefaid, and that they to that plea in manner and form afbrefaid pleaded”
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