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AVOIDANCE

Volume 3 · 72 words · 1815 Edition

in the canon law, is when a benefice becomes void of an incumbent; which happens either in fact, as by the death of the person; or in law, as by cession, deprivation, resignation, &c. In the first of these cases, the patron must take notice of the avoidance at his peril; but in avoidance by law, the ordinary is obliged to give notice to the patron, in order to prevent a lapse.