Page:Black's Law Dictionary (Second Edition).djvu/51

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ADVERSE PARTY
ADVOCATE
43

ADVERSE PARTY. An "adverse party" entitled to notice of appeal is every partv whose interest in relation to the judgment or decree appealed from is in conflict with the modification or reversal sought by the appeal; every party interested in sustaining the judgment or decree. Harrigan v. Gilchrist, 121 Wis. 127, 99 N. W. 909; Moody v. Miller. 24 Or. 179, 33 Pac. 402; Mohr v. Byrne, 132 Cal. 250, 64 Pac. 277; Fitzgerald v. Cross, 30 Ohio St. 444: In re Clarke, 74 Minn. S. 76 N. W. 790; Herriman v. Menzies. 115 Cal. 16, 44 Pac. 660, 35 L. R. A. 318, 56 Am. St. Rep. 81.

ADVERSUS. In the civil law. Against, (contra.) Adversus bonos mores, against good morals. Dig. 47, 10, 15.

ADVERTISEMENT. Notice given in a manner designed to attract public attention: lnfnrination communicated to the public, or to an individual concerned, by means of linnilliills or the newspaper. Montfoid v. .\llen, ill Ga. 18. 30 S. I1‘. ; H.-ilfner V. Barnard. 1'23 ind. 429. 24 N. E. 152; Com. v. Johnson, 3 Pa. Dist. R. 222.

.\ sizgn-board. erected at a person's place of luisincss. g‘ in: notice that iotterv "diets are rnr Sll(‘ there, is an "iiilvertisement." within the meaning of a statute prohibiting the advertisiiin of lotteries. In such connection the menu- mi: of the word is not confined to notices print- ml in newspapeis. Com. v. Hooper, 5 Pick. Ili‘-iss) 4..

ADVERTISEMENTS OF QUEEN ELIZABETH. Certain articles or ordi- nances diiiwn up by Art-hiiishop Parker and snme of the hishops in 1501. at the request or Queen Eiizulreth, the Oll_ ct or which was In enforce decency and uiiiformity in the ritual of the church. The queen subsequent- lv refused to give her oliicial sanction to these i1drc1'tisements_, and left them to he ciiforced by the hishops under their general pun-eis. Phiiiim. Ecc. Law. 910; 2 Prob. Div. 270; Id. 354.

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ADVICE View; opinion; the counsel gin-n iiy lawyers to their clients; an opin- imi expressed as to wisdom of tutnre conduct.

'i‘he instruction usnally given by one mer-

chant or banker to another by leiter. in- rnriiiing him of shipments made to him, or nl’ liilis or drafts drawn on llilll, with par- Iiciiiars of date, or sight, the sum, and the parize Ilills presented for acceptance or payment are frequently dishonored for ii:Lmt cf adnfrc. -Letter of advice. A communication from one [)Fl‘.<Ol'l to another advising or wnriiing the l.vt- r of_snn1etiiin:f Wlll(‘l'i he might to know, and r-unmoniy El[l]'|iiSlD_2 iiim beforehand of some not done by the writer nhioh will nit-irnateiy alffr.-it Illl‘ recipient. It is usual and perfectly proper for the tlrawer of a hiii of exchange to write a ietter of advice to the drawec, as well to prevent fraud or alteration of_ the bill, as to let the (lfllWPE lmow what provision has been made for the payment of the hill. Chit. Biils. 162.

ADVOCATE ADVISARE, ADVISARI. Lat. To consult, deliiiei-ate, consider, advise; to be

advised. Occurring in the phrase ciiria ad- v1'.~ra-ri vuit, (nsuaily ahbreiiated cur. a-dn. 1:11”, or C. A. l7..) the court wishes to be ad- vised, or to C01 .iiler of the matter.

ADVISE. To give an opinion or counsel. or recommend a plan or course of action: also to give notice. Long v. State, 23 Nob. 33, 36 N. W. 310.

This term is not synonymous with ireet” or “insr.ruet." Wlicrc I1 statute authorizes the trial court to udtwisu the jury to acquit, the count has no powcr to 'iI‘l8i7'lIr(/‘t the jury to acquit. The court can only counsei, and the jury are not hound by the advice. Peopie v. Horn, 70 Cai. 17, 11 Pac. 470.

ADVISED. Prepared to give judgment, after examination and deliberation. "The

court took time to 'be advised." 1 Leon. 187.

ADVISEMJ-INT. Deliberation, consider- ation, consultation; the consultation of a court, after the argument of a cause by counsel, and before delivering their opinion. oiarh v. Read, 5 N. J. Law, 486.

ADVISORY. Counsc-liing, suggesting. or advising, bnt not imperative. A verdict on an issue out of Chancery is arllisorv. Watt v. Starke, 101 U. S. 252. E) L. Ed. 826.

ADVOCARE. Lat. To defend: to call to one's aid; to vouch; to warrant.

ADVOCASSIE. L. Fr. The office of an advocate: advocacy. Kelham.

ADVOCATA. In old English law. A patroncs ; a woman who had the right of

presenting to a church. Spelman,

ADVOCATE. One who assists, defends, or pleads for another: one who renders le- gal advice and aid and pleads the cause or another before a court.

A person learned in the law, and duly ‘id- mitted to practice, who assists his client with advice, and pleads for him in open court. Hnlthouse

The College or Faculty] of Advocates is a corporate liody in Scotland, consisting of the members of the bar in Edinburgh. A large portion of its members are not active pi-actitloiiers. however. 2 Banl:.t. Inst. 486.

In the civil and ecclesiastical law. An ofl-‘icer of the court. learned in the law, who is en::a;:cd by a suitor to maintain or defend his cause.

—Advocnte general. The udviser of the crunn in England on questions of navni and military law.—Advoea.te, lord. The principai crouu lawyer in Sr-ntiand, and one of the ,-neat ollicors of state of Scotland. It is his duty to act as public prosecutor: but priiati- individ- nals injured may prosecute upon obtaining his concurrence. E0 is assisted by a solicitor generni and four junior counsel. termed "advocates-depnte." He has the power of appearing

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