Page:Black's Law Dictionary (Second Edition).djvu/50

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ADVANCEMENT 42 lattei-‘s benefit, by way or nntlcipation of the share it hlch the chiid wiil inherit in the father's estate and intended to be deducted thereli-oni. It is the latter circumstance nhich differentiates au advancement from

1 gift oi- a ionii. Gi-attain v. Grnttan, 18

Ili. 167. 65 Am. Dec 7 6; Beriuger v. Iintz. 188 Pa. 364, 41 M1. 043; Dniigherty v. Rog- ers. 119 Ind. 254, 20 N. E. 779. 3 L. R. A. 847: Hattersley v. Bissett, 51 N. .I Eq. 59?, 20 Atl. 15:7, 40 Am. St. Rep. E32: Chase v. Elwing. 51 Bari) (V. Y.) 597: Osgood v. Breed. I7 l\I.iss .0 Ni olas v. Nicholas. I00 \'a. (360, 42 S. E‘. (‘.69-, Vioore v. Freeman. 50 Ohio St. 592. 35 1\' 171. 502; Appeal of Porter. 94 P1. 33°~ Bisscli v. Bissell, 120 Iowa. 127. N W. 465; In re Allen's Estate, 207 Pa. 3... 56 Atl. 928.

Aduincement, in its ieirni ncceptntiou, does not invoive the idea of ohi1,;.:itiou or future lia- hiiity to answer. It is a pure and irrevoeah gift miide by -.1 parent to a child in anticipa- iion of such child's future share of the parent's Appesil of Yundt. 13 Pa. 590. 53 Am. Dec. -.196 An ndvaneeinent is any proiision by a parent made to and accepted by a tiiii out of his est either in money or property, during his life ime, over nnd above the obiir,:ation of the parent for niainieuance and education. Code Ga. 2379 An “advancement by portion," I\ I1 the meaning of the stattltt‘. is [1 sum given by :1 pnrent to estnhlish n cliiitl in life, (a., In starting him in business.) or I'D mnke a pro sinn for tile ciiiiil. L-is on the iuarringe of a daughter) L. R. 20 Eq. 155.

ADVANCES. Moneys paid before or in siluiiice of the proper tlnie of payment; inuiity or coniniodjties furnished on credit; .1 loan or gift, ul‘ money uihanced to be r€.~ iuid L-oiiditional.ly. \'aii v. Vail, 10 Barb. (I\. Y.) (B.

Tins word, when taken in its strict legal sense, does not mean gifts, (a(1\'nneen1enta,) and does mean :1 sort of loan: and, when taken in its ordinary and usual sense, it icnludes both loans and gifts.—io:ins more readiiy, perhaps. than gifts. Noian v. Bol- ton, 25 Ga. 355.

Payments advanced to the owner of prop- erty by u factor or hi-olcer on the price of goods which the latter has in his haiiils. or is to receive, for sale. Laflln. etc., Powder Co. v. Burkhardt, 97 U. S. 110, 24 L. Ed. 973.


AIDVANTAGIUM. In old pleading. An advantage. On. Ent. 4S-1; TLm'nsh_ Pl. 50.

ADV]-INA. In Roman law. One of foreign birth, who has left his own country and settled elsenbere, and who has not ac- quired citizensliip in his new loc:il.ity; often called olbimus. Du Cange.

ADVENT. A period of time recognized by the English common and ecciesizistical law, iieginning on the Sunday that falls either upon St. Andrew‘: day, being the 30th of November, or the next to it, and continuing to Christmas day. Wharton.

ADVERSE

ADVENTITIOUS. That which comes incidentally, fortuitously, or out of the regu- lar course. “Advent_lt.ious value" of lands, see Central R. Co. v. State Boaid of Assessors. 4.‘) N. J. Low. 1, '7 Atl. 306.

ADVENTITIIIS. Lat. Fortuitons; icnidentni; that which comes from an unus- ual source. Aclvnititia hmia, are goods which fall to a man otherwise than by inheritance Ad-L-cii.titi4z dos is a dowry or portion given by some friend other than the parent

ADV]-JNTIJRA. An mlventnie. 2 Mon. Angl. 61:3; Tonnsli Pl. E0. Fiotson. jet- son, and lagon are styled arit-rziitimt mar-is (adventures of the sea.) Hale, De Jure Mar. pt. 1, c. 7.

ADVENTURE. In 1ne1'en.ntile law. Sending goods a‘nro'ifl nniler charge of £1 sn- perciirgo or other 2l_!.'Ent. at the risk of the SE[l(i(‘1‘. to be disposed of to the host. advantage for the benefit of the owners.

The goods theniseives so sent.

In marine insurance. A very usuai

word in poiicies of marine insuiance, and everywlirre used as synonymous, or nearly so, with "iieri' ." It is often used liv ihe writers to describe the entciprise or voyage as a "lllflrille ndvcnture” insured against Moor:-s v Louisville Unilerwriteis (C. C.) 1-1 Fed. 233. —Adventiu-e, bill of. In mercantiic low A iiriting signed by a uiercii-in.t, stntir 7 that the property in goods Si.L-lpfitd in his name he- iongs to another. to the adventure or chance of vihich the person so nu ned is to stand. \\Ili] a covenant from the merchant to account to him for the produce Gross adventure. In maritlme Ian. _A loan on botlomry. So named he c:iir.-- the lender, in case of a ios, or expense incurred for the connnon safety, must contribute to the grass or grnerai avei igc.—Juint adventure. A C0l!1l.l.]el'cI2ii or muriiiine entci-prise lIl'lli'.'l‘lhii'.€Il h_v severai _pe=i‘~"Ins joiniiy: a limited p:irlnersliip,—not iimited in the statutory sense as to the iiahiiit_y of the partners, but as to its S((JI)e and durntion. [toss v. Wiilett, 76 Hun, 211. 27 N. Y.. Supp. 785.

ADVERSARIA. (From Int. things remarked or reud_v at hand.) menioianda. common-place hooks.

adrtzrm. Rough

ADVERSARY. A litigant-opponent, the opposite party in a writ or action.

ADVERSARY PROCEEDING. Out‘ having opposing parties‘, contested, as dis tingnislied from an em pm-to amilicatieii: one of which the party seeking relief has given legal warning to the other x\:‘i1'ty, and alfoi-fled the latter an opportunity to contest it.

ADVERSE. Opposed: contrary; in re- elstiince or opposition to 11 claim, application, or proceeding.

As to adverse “C1ntm." "Enjo_vment," “Possession," “User," “Verdiet," “\\’itness,"

see those tlues.