in order to give a stipulator greater security, he guaranteed the fulfilment of a promise.Sand. Just., 5th ed., 348.

Ad proximum antecedens fiat relatio nisi impediatur sententiâ. Jenk. Cent. 180.(Let relation be made to the nearest antecedent, unless it be prevented by the context.)

Ad quem [Lat.], to whom. See JUDEX AD QUEM.

Adquieto, payment.-Blount.

Ad questiones facti non respondent judices; ad questiones legis non respondent juratores. Co. Litt. 295.-Judges do not answer questions of fact; juries do not answer questions of law.

Ad quod damnum, a writ which ought to be issued before the Crown grants further liberties, as a fair, market, etc., which may be prejudicial to others; it is addressed to the sheriff, to inquire what damage it may do to grant a fair, market, etc. It is also used to inquire of lands given in mortmain to any house of religion, etc.-Termes de la Ley, 26.

Adrectare, to do right, satisfy, or make amends.-Gerve Doroberen, anno 1170.

Ad recte docendum oportet primum inquirere nomina, quia rerum cognitio a nominibus rerum dependet. Co. Litt. 68. (In order rightly to teach a thing, inquire first into the names; for a knowledge of things depends upon their names.)

Adrogation, the adoption of an impubes, i.e., a male under 14, and a female under 12 years old.

Adscripti vel adscriptitii glebæ, a kind of slaves, among the Romans, attached to and transferred along with the land which they cultivated.

Adstipulator, an accessory party to a promise, who received the same promise as his principal did, and could equally receive and exact payment; or he only stipulated for a part of that for which the principal stipulated, and then his rights were co-extensive with the amount of his own stipulation.Sand. Just., 5th ed., 348.

Ad terminum qui preterit, a writ of entry, which lay for a lessor or his heirs, where a lease of promises had been made for life or years, and after the term had expired the premises were withheld from the lessor or his heirs, by the tenant or other person in possession of them; but now by the 4 Geo. II. e. 28, if a tenant for life, or years, or person holding under him, shall wilfully hold over after the expiration of a notice in writing, given by the landlord, and after demand of possession, the tenant will be liable to double the yearly value, for so long a time as he detains the premises, to be recovered by an

action of debt. And by the 11 Geo. II. c. 19, s. 21, it is enacted, that if a tenant give notice of his intention to quit the premises (which need not be in writing), and do not deliver up possession at the time mentioned in his notice, he or his executors or administrators will be liable to pay double rent, to be recovered by the landlord, either by distress or action at Law.

Ad tunc et ibidem [Lat.] (then and there). Adulteration, the corrupt production of any article, especially food; indictable at common law (see R. v. Dixon, 3 M. & S. 11). The adulteration of bread, corn, meal, or flour, is made a statutory offence by 6 & 7 Wm. IV. c. 37. Besides the earlier statutes of 9 Anne c. 12, 56 Geo. III. c. 58, ss. 2, 3, and 1 Wm. IV. c. 64, s. 13, the adulteration of food and drugs was specially restrained and punished by 23 & 24 Vict. c. 84, 31 & 32 Vict. c. 121, s. 24; and (as to Ireland) by 33 & 34 Vict. c. 26, s. 3. These latter have, however, been repealed by the Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63).

By this Act the mixing or the sale 'to the prejudice of the purchaser' with knowledge of adulterated food or drugs, is subject for a first offence to a fine, and for a second to imprisonment with hard labour, and a fine is also imposed on the sale in certain cases of food or drugs not of the quality demanded by the purchaser (unless a label is given, showing the article to be mixed with other matters), or the abstracting a part of any article of food so as to injuriously affect it. Provision is made for the appointment and duties of analysts, and the proceedings necessary to obtain an analysis. Proceedings before justices are allowed on the certificate of an analyst, which is to be primâ facie evidence; an appeal being given to quarter sessions. Justices in the Court of First Instance or on appeal are allowed to obtain a further analysis. Punishment is imposed for the forgery of certificates or warrants under the Act. There is also a special provision in reference to tea. The act is amended by the Sale of Food and Drugs Act Amendment Act, 1879, 42 & 43 Vict. c. 30, the principal provision of which, passed in consequence of conflicting decisions in England and Scotland (see Hoyle v. Hitchman, 4 Q. B. D. 236), is that in a prosecution for a sale to the prejudice of the purchaser' it is no defence to allege that the purchase was for the purpose of analysis.

As to the adulteration of seeds, see 32 & 33 Vict. c. 112, and 41 Vict. c. 17.

Adulterine, the issue of an adulterous intercourse.

Adulterine guilds, traders acting as a cor

poration without a charter, and paying a fine annually for permission to exercise their usurped privileges.-Smith's Wealth of Nations, b. i. c. 10.

Adulterium, a fine imposed for the commission of adultery.

Adultery [ad. Lat., and alter, another person], anciently termed Advowtry (quasi ad alterius thorum). The sin of incontinence between two married persons, or it may be where only one of them is married, in which case it may be called single adultery to distinguish it from the other, which has sometimes been called double. This offence is only punishable by ecclesiastical censure and penance, pro salute anima et reformatione morum; the temporal courts do not take any cognizance of it as a public wrong. It is by these courts considered only as a civil injury.

By 20 & 21 Vict. c. 85, which created a Court for Divorce and Matrimonial Causes, a husband can obtain a dissolution of his marriage upon the ground of his wife's adultery, and a wife can obtain a judicial separation on the ground of her husband's adultery, or a dissolution of marriage on the ground of his adultery, coupled with cruelty or desertion, or bigamy, or of his incestuous adultery, provided there be no collusion or connivance, and that the alleged charges have not been condoned. By s. 33 of the same act, a husband may claim damages from an adulterer (who, in ordinary circumstances must be made a co-respondent, s. 28) to be assessed by a jury, and the Court has power to direct in what manner the damages shall be paid, and that the whole or any part thereof shall be settled for the benefit of the children, or the wife. See further HUSBAND AND WIFE.

Where a man finds another in the act of adultery with his wife, and kills him or her, in the first transport of passion, he is only guilty of manslaughter, and that in the lowest degree; but the killing of an adulterer deliberately and upon revenge, is murder.—Russ. on Crimes, 4th ed., Vol. I., 786.

The husband of an adulteress is relieved from the obligation to support her, though he himself have committed adultery, and was the first offender.

The word is also used by ecclesiastical writers to describe the intrusion of a person into a bishopric during the former bishop's life. The reason of the appellation is, that a bishop is supposed to contract a sort of spiritual marriage with his church.

Adurni portu, de, Etherington, or Ede

rington.

Ad valorem, a term used in speaking of the duties or customs paid on certain goods;

the duties on some articles are paid by the number, weight, measure, tale, etc., and those on others are paid ad valorem-that is, according to their value. The term is used also of stamp duties, which, in many cases, are payable according to the value of the subject matter of the particular instruments or writings.

Advance [fr. avancer, Fr., to push forwards, fr. avant, Fr., avante, It., ab ante, Lat.], money paid before it is due; increase.

Advancement, promotion; additional price. To the doctrine of resulting trusts there is a very important exception, for in Equity, where a purchase is made in the name of a wife or child, or of an illegitimate child, grandchild, or nephew of a wife, to whom the purchaser has placed himself in loco parentis, there will prima facie be no resulting trust for such purchaser, but, on the contrary, a presumption arises that an advancement was intended, pursuant to the obligation to provide for such relations. And a purchase by a parent in the joint names of himself and his child, as well as a purchase in the joint names of his child and a stranger, will be held an advancement for the child to the extent of the interest vested in him; the stranger, however, holding the estate vested in him in trust for the parent. The father's entering into, and keeping possession, and taking the rents and profits of the purchased property, or the son's giving receipts in the name of the father, will not prevent the presumption of advancement from arising, especially where the son is advanced but in part. Where, however, a son is fully advanced, the father's entry into possession, and into the receipt of the rents or profits of property purchased in his son's 's name, may be considered as evidence of

a trust.

The presumption of advancement may be rebutted by evidence of facts, showing the parent's intention, that the son should take property, purchased in his name, as a trustee, and not for his own benefit. Such facts, however, must have taken place antecedently to, or contemporaneously with, the purchase; or immediately after it, so as to form, in fact, part of the same transaction; for subsequent facts will not be admissible in evidence to show an intention against the presumption of advancement.

This presumption may also be rebutted by evidence of parol declarations of the father made contemporaneously with the purchase, but not by any of his declarations made subsequently to it; but these may be used in evidence against him by the son. A fortiori, parol evidence may be given by the son to show the intention of the father to advance

him; for such evidence is in support as well of the legal interest of the son as of the equitable presumption.

It is to be remarked, that if the parent and another person pay the money, it will not be deemed an advancement, for the child being a trustee for the latter, he will be held to be trustee for them both.

Advent, a coming to; also the month preceding the anniversary of the nativity of Jesus Christ. It begins on the Sunday that falls either upon St. Andrew's Day, the 30th November, or next to it, and continues till the feast of Christmas Day.

Blount.

Adventitious, that which comes unexpectedly or incidentally.

Ad ventrem inspiciendum [to inspect the romb]. See DE VENTRE INSPICIENDO.

Adventure [fr. advenire, Lat., to come to], the sending to sea of a ship or goods at the risk of the sender.--Lex. Merc.

Adventure, bill of, a writing signed by a merchant, stating that the property in goods shipped in his name belongs to another, to the adventure or chance of which the person so named is to stand, with a covenant from the merchant to account to him for the produce.

Adversaria [adversa, things remarked or ready at hand], rough memoranda, commonplace books.

Adversary, a litigant-opponent.

Adverse possession, occupancy, as against the person rightly entitled, of realty without molestation, which may at length ripen into an unimpeachable title. As to adverse possession, see Real Property Limitation Act, 1874, 37 & 38 Vict. c. 57, which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued. See also Nepean v. Doe, 2 M. & W. 910, and 2 Smith's L. C. Advertisement [fr. avertissement, Fr.], a public notice or announcement of a thing. The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.

Advertising for stolen or lost property. See STOLEN GOODS.

Advertising an apology for libel. LIBEL.

See

Advertising as to betting. See 37 Vict. c. 15, s. 3, whereby penalties are imposed. Advertising vehicles, prohibition of in metropolitan thoroughfares. 16 & 17 Vict. c. 33, s. 16.

Advice [fr. avis, Fr., avviso, It., avise, Old Eng.], view, opinion, counsel; also, the instruction usually given by one merchant or banker to another by letter, informing him.

of bills or draughts drawn on him, with particulars of date, or sight, the sum, and the payee. Bills presented for acceptance or payment are frequently dishonoured for want of advice.

Advisement, deliberation.

Ad vitam aut culpam, an office which is to determine only by the death or delinquency of the holder, or which is, in fact, held quamdiu se bene gesserit (so long as he conducts himself properly). Jacob.

Advocare [(Lat.) Tyman getyman, Ang. Sax.], to defend, to call to one's aid, also to vouch, to warranty.-Anc. Laws of England.

Advocate [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. Spel. Glos. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action.

In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctors' Commons, incorporated by charter, June 22, 8 Geo. III., under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimonial Causes and the Court of Probate respectively. See 20 & 21 Vict. c. 85, s. 15; c. 77, ss. 40-42. By ss. 116 and 117 of the latter act, the College of Doctors of Law, etc., was empowered to sell its real and personal estate, and to surrender its charter. See BARRISTER.

In Scotland all counsel are called advocates. Advocate, Lord, the principal Crown Lawyer in Scotland, and one of the great Officers of State of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecute upon obtaining his concurrence. He is assisted by a SolicitorGeneral and four junior counsel, termed advocates-depute. He has the power of appearing as public prosecutor in any court in Scotland, where any person can be tried for an offence, or in any action where the Crown is interested but it is not usual for him to act in the inferior courts, which have their respective public prosecutors, called procurators-fiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted

according to the English method. The Lord Advocate is virtually Secretary of State for Scotland.

Advocate, Queen's, a member of the College of Advocates, appointed by letters patent, whose office is to advise and act as counsel for the Crown in questions of civil, canon, and international law. His rank is next after the Solicitor-General.

Advocates, Faculty of, the bar of Scotland in Edinburgh. The solicitors practising in Aberdeen also use the name of 'Advocates.' The Faculty of Advocates in Edinburgh is coeval with the institution of the College of Justice in Scotland, in 1532. The Library of the Faculty is one of those entitled to a copy of every printed book (5 & 6 Vict. c. 45, s. 8). The Dean of Faculty is elected from their number to preside at their meetings. Formerly the Dean of Faculty and the two Crown lawyers (the Lord Advocate and Solicitor-General) were the only persons who took precedence at the Scottish bar, independently of seniority; but the practice has lately been introduced of appointing the two ex-Crown lawyers, as well as the Crown lawyers for the time, Queen's Counsel. As to the stamp duty payable upon an advocate being called to the bar of England or Ireland, see 37 & 38 Vict. c. 19. As to the admission of advocates as solicitors in England, see 35 & 36 Vict. c. 81.

Advocati, patrons of churches.-Blount. Advocatia, the quality, function, privilege, or territorial jurisdiction of an advocate.Civil Law.

Advocati fisci, advocates of the revenue among the Romans.

Advocation, a process by which an action was carried from an inferior to a superior court in Scotland. By the Court of Session Act (31 & 32 Vict. c. 100), s. 64, the process of advocation is abolished, and appeals are substituted.

Advocatione decimarum, a writ which lay for tithes, demanding the fourth part or upwards, that belonged to any church.-Reg. Orig. 29.

Advocatus est, ad quem pertinet jus advocationis alicujus ecclesiæ, ut ad ecclesiam, nomine proprio, non alieno possit præsentare. Co. Litt. 119.-A patron is he to whom appertains the right of presentation to a church, in such a manner that he may present to such a church in his own name, and not in the name of another.

Advocatus diaboli, the advocate who argues against the canonization of a saint.

Advow, or Avow, or Avouch [under the feudal system, when the right of a tenant was impugned, he had to call upon his lord to

come forward and defend his right. This, in the Latin of the time, was called advocare, Fr. voucher à garantie, to vouch or call to warrant. As the calling the lord of the fee to defend the right of the tenant involved the admission of all the duties implied in feudal tenancy, it was an act jealously looked after by the lords, and advocare, or the equivalent, Fr. avouer, to avow, came to signify the admission by a tenant of a certain person as feudal superior. Finally, with some grammatical confusion, the words advocare, and avow or avouch, came to be used in the sense of performing the part of the vouchee, or person called on to defend the right impugned. Wedyw.], to justify or maintain an act, e.g., one distrains for rent, and he that is distrained brings an action of replevin; if the distrainer, in his defence, justify or maintain his act, he is said to advow or avow, and his plea is called avowment or avowry. See AVOWRY.

It also signifies to call upon or produce -thus, anciently, where stolen goods were bought by one and sold to another, it was lawful for the right owner to take them wherever they were found, and he in whose possession they were found was bound to produce the seller to justify the sale, and so on, till they found the thief.-Old Nat. Br. 43.

Advowee, or Avowee, the person or patron who has a right to present to a benefice.Fleta, lib. v. c. 14.

Advowee paramount, the sovereign, or highest patron.

Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.

There are several kinds of advowsons, viz :--

(1.) Presentative advowsons, subdivided into,

gether with a real or imputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of such manor, which subsist perpetually.

A presentative advowson in gross is a right of patronage self-subsistent, belonging to the patron as an individual, and not in anywise appendant to a corporeal inheritance.

While a few advowsons were originally in gross, as when the right originated in an agreement that a builder of a certain church and his heirs should be its patrons ratione fundationis, yet the greater number of them was primarily appendant, becoming by subsequent circumstances severed in gross. The severance may take place in several modes: (1) when the corporeal inheritance is conveyed away, with a special reservation of the advowson; (2) when the advowson is granted away, and not the corporeal inherit ance to which it was incident; (3) when the patron presents to it as though it were already severed. An advowson once completely and unconditionally severed, can never again become appendant. But should an advowson be disappended conditionally, as in the case of a mortgage, it will reunite when the loan is repaid. So, if the advowson be excepted in a lease of the corporeal inheritance, it remains in gross during the lease, but upon its expiration it becomes appendant again. These instances, however, are rather suspensions than severances.

A disappendancy created by a wrongful act, may be done away with by defeating such act; and should it be effected by operation of law, the appendancy will be preserved unless otherwise expressly intended.

A presentative advowson may be partly appendant and partly in gross; thus, when the owner grants to another every second presentment, for then the advowson will be appendant for the grantor's turn, and in gross for that of the grantee. And should the advowson appendant, and that in gross be afterwards possessed by the same person, still the advowson will be appendant for one turn, and in gross for the other. So, if three persons be seised of a manor with a presentative advowson appendant, and two of them release their right of the patronage to the third, he then become seised of twothirds of the advowson as in gross and of the unsevered third as appendant; but upon the death of this third person, the entire advowson will devolve in gross upon his heirs or devisee.--Mirehouse on Advowsons, 20. A donative advowson is a spiritual preferment, not presentable, conferred by the royal

letters-patent upon the founder of a church or chapel, to be visited by the founder and not the bishop or ordinary.

The deed of donation gives to the parson possession without any presentation, institution, or induction.

The donee or person taking a donation must be a priest in holy orders by episcopal ordination; must read the morning and evening prayers according to the Book of Common Prayer within two months after his donation, or in case of an impediment to be allowed of by the ordinary, within one month after its removal, together with the form of giving assent and consent thereto; must before his admission subscribe to the declaration of conformity to the liturgy before the archbishop, bishop, or ordinary, or his vicar-general, chancellor, or commissary; if the donative have a parish church belonging to it, he must take a certificate under the hand and seal of the person before whom he subscribed his assent, and afterwards read the same in the parish church; must subscribe to the Thirty-nine Articles before the bishop, if the donative be a benefice with cure; must read the Thirtynine Articles, and assent thereto within two months, or at the time when he reads the services, as already mentioned, if the benefice be with cure; and, within three months after subscribing to the declaration, he must read the bishop's certificate of his subscription, and again make the same declaration within his parish church.-Mirehouse on Advowsons, 23-25.

It is the better opinion that where this kind of advowson is once presented to, it ceases to be donative.-Ib.

A donative advowson never lapses, unless by the terms of the foundation, or by act of parliament, it is subject to lapse (1 Geo. I. st. 2, c. 10, ss. 6 and 7); but the bishop may compel the patron to fill the benefice by ecclesiastical censure. The complete dominion over the vacant benefice, and the freehold in it, remain in the patron, together with the right to take the intermediate profits until it is again granted by him to a new incumbent. The right of donation always devolves upon the real representatives of the patron, and never devolves upon the Crown, when the incumbent is promoted to a bishopric. The resignation of a donative must be to the patron.

A collative advowson arises when a bishop has the right of patronage, either originally or by lapse. Collation is the conferring of a benefice by a bishop. It is an immediate institution without any presentation, and is completed by the induction of the collatee. Where a bishop collates and dies before