(Recurvirostra Americana) has whitish plumage, with the wings black, and the head, neck, and breast light cinnamon. It is common in the Western States, and shot as game. Consult Coues, Birds of the Northwest (Washington, 1874).
AVOW'RY (OF. avouerie, from avouer, to avow, from Lat. ad, to + vocare, to call). The technical name of the pleading interposed by the defendant to the plaintiff's declaration, or complaint, in an action of replevin (q.v.). By this plea the defendant avowed or acknowledged his seizure of the chattels claimed by the plaintiff and justified the act by setting up the facts upon which he relied to show that he was entitled to make the seizure complained of. Under modern practice the action of replevin has largely lost its technical character, and its procedure has become assimilated to that of the more common and simple forms of action; but the plea of the defendant under whatever name, retains substantially the character of the avowry. Consult the authorities referred to under the title Pleading.
AVRANCHES, a'vraNsh'
(anciently, Abrinca, capital of the Abrincatui, a nation of Gaul). A town in the Department of La Manche, France, near the left Bank of the Sée, 33 miles east of Saint Malo (Map: France, E 3). It is beautifully situated on a high hill, which extends in a long ridge and is ascended by zigzag roads built on terraces. This hill commands a very wide and beautiful view of a finely wooded and cultivated district, with a winding river which attracts summer visitors in great numbers. There is a botanical garden at Avranches, and a public library containing among other things several ancient manuscripts. There are considerable manufactures of lace, calico, and cloth, as well as tanneries, machine-shops, and breweries. Population, in 1896, 7000. Avranches was formerly a bishop's see, and its cathedral was one of the most magnificent in Normandy. It was destroyed in 1793. A stone, still preserved on the site of the cathedral, is said to be that on which Henry II. of England kneeled before the papal legate to receive absolution for the murder of Thomas à Becket. It was a place of importance during the Roman period, and some of the old Roman ramparts are still standing. It was afterwards a frequent object and scene of strife during the wars between the French and the English. Consult Le Héricher, Avranchin monumental et historique (Avranches, 1845-46).
AVUL'SION (Lat. avulsio, a tearing off, Fr. a, from + vellere, to tear away). The sudden transfer by natural forces of a portion of one man's land to the soil of another. The term is applied as well to the result of a sudden change in the course of a boundary river, the reliction or encroachment of the sea, as to an actual tearing away of a portion of A's land and its deposit upon or against the land of B, as the result of a flood. The title to the soil so carried away or transferred is not affected by the physical change in its situation, and the owner is entitled to recover the possession thereof from the person to whose soil it has become annexed. In this respect it differs from accretion or a gradual and imperceptible addition to the land of a riparian proprietor by the action of the water. (See Accretion.) Thus, if the sea permanently
recedes so rapidly that the reliction of the water is perceptible in' its progress, the ease is one of avulsion, and the land exposed continues to be the property of the State, as when it was still covered by the sea. This rule may be varied by custom, however, as in the case of the river Severn, below Gloucester Bridge, which (says Lord Hale) "is the common boundary of the manors of either side, what course soever the river takes," and is the case of the Missouri River, as to which a similar doctrine has been laid down by the United States Supreme Court, to cover the effect of the rapid current of the river upon the loose soil composing its banks (Nebraska v. Iowa, 143 U. S. 359). Even here, however, the court is careful to distinguish the case of the cutting of the new channel above Omaha in 1873, which is described as an avul- sion and as leaving the land titles on either side up the stream unaftected. See Alluvion; Riparian Rights; Rivers; Sea Shore.
AWAIL, a-wii'je. The largest island in the
Inland Sea of Japan, situated in its eastern part,
and pertaining to Hiogo Ken. It is 34 miles
long, contains 218 square miles, and has a popu-
lation of 170.000. In mythology Awaji was the
first island created by Izanagi and Izanami; the
name, in legend, meaning 'my shame,' but actu-
ally 'the way of Awa.'
AWANTIBO, ii'wan-te'bd, or ANGWANTIBO,;iH.'gwan-te'b6
(native name in West Central Africa ). A small light-brown lemur (Perodicicus calabarensis), allied to the pottos, and distinguished by the absence of any visible tail, and by the rudimentary condition of the
index finger of the hand, while the thumbs on
all the feet are greatly enlarged and separated
from the fingers, forming of the feet powerful
grasping organs. The animal is rare, and its
habits are little known.
AWARD' (OF. eswarder, look at, consider, decide, from es (Lat. ex) + warder, observe, guard, from OHG. warten, to watch). The formal adjudication of a matter in dispute by arbitration or referees to whom it has been referred. An arbitration being an extra-judicial proceeding, the award does not have the force of a judgment; but it may, if made by official or judicial referees, be the basis of a judgment, and, if made by private arbitration, it becomes legally binding upon the parties thereto. The submission to arbitration involves an agreement to abide by the result thereof, and thus the award becomes a term of the contract, enforceable as such. In order to be binding, however, it must be consonant with the submission: must be limited to the parties agreeing thereto, and to the matters in dispute, and must be final, certain, and specific. See Arbitration.
AWATA, a-wii'ta.
A village in the suburbs of Kioto, Japan, famous for its yellow faïence. Awata pottery was invented in the Seventh Century, is decorated, and by the Japanese is called 'Tamago Yaki' (egg-ware). It is largely exported to the United States.
AWE, a.
Loch (Gael, abh, water). A lake in the centre of Argyllshire, Scotland, 23 miles long, and one mile broad (Map: Scotland, C 3). Its surroundings are very picturesque, and in some parts even striking. It is covered with numerous wooded islands, and its northern end is shadowed by a rocky mountain chain over 3000 feet high.
