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Blackstone. µ When an action of replevin is brought, the distrainer either makes avowry, that is, avours taking the distress in his own right, or the right of his wife, and states the reason if it, as for arrears of rent, damage done, or the like; or makes cognizance, that is, acknowledges the taking, but justifies in an another's right, as his bailiff or servant.

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.