Page:Black's Law Dictionary (Second Edition).djvu/52

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ADVOCATI EGCLESIE

as public prosecutor in any court in Scotland, where any person can he tried for an otlense, or in any action where the crown is interested. WharLon.—Advoeate, Queen's. A member of the College of . xlvouites. appointed by ietters

patent, whose nflice is to advise and act as counsei for the crown in que. bus of civil, canon, and inleruationni law. IIis rank is next alter the solicitor general.

ADVOCATI ECCLESIIE. A term used in the ecclesiastical law to denote the patrons of churches who presented to the living on an avoidance. This term was also applied to those who were retained to argue the cases of the church.

ADVOCATIA. In the civil law. The quaiity. function, privilege, or territorial jurisdittion or an advocate.

ADVOCATION. In Scotch law. A proccss by which an action may he carried from an inferior to a superior court before final judgment In the former.

AIJVOCATIONE DECHIARUM. A writ which lay for tithes, demanding the fourth pnrt or upwards, that belonged to any church.

ADVOCATOR. In old practice. One who called on or vouched another to warisnt a titie; a voucher. Advocatus; the person called on, or vouched; a vouchee. S1-clninn; Townsh. P1. 45.

In Scotch practice. An appellant 1 Biotin. IL 67.

ADVOCATUS. In the civil law. An

atli.-rule: one who managed or assisted in inanm.'ing aiiotlier's cause iietore a judicial triinniai. C.iiled also “palron.us." Cod. 2. 7, 14. But distinguished from causidicua. Id. 2, 6. 6. —Advocr-«tun diabuli. In ecclesiastical low. The tlei-ii's advocate; the advocate who argues ag iinst the cant-ni ntion of a snint.—Advoeati fisci. In the civil law. Advocates of the fise._ or l‘|?Vl,'lJIlE!: fiscai advocates (qni nuuaum fisr.-1 egiszuul.) (‘od. 2. 9. 1', I . '2. 7. 13. !\nswe_rin-,:. in some measure. to the king's counsel in E|..li"h law. 3 Bl. Comm. 27.

Ailvoeatris est, mi quum per-ti:-net jul atlvneationis allcujus ecelesiin, ut ad ec- l:1B§ifl.1'fl, nomine propriu, non nlieno. pussit 1n-resents:-e. A patron is he to whom up|~eI't'1ins the right of preseiitation to It I'ilIll'L'll. in such a manner that he may present to such a church in his own name, and not in the name of another. Co. Lirt. 119.

ADVOUTRER. In old English law. [in aduiterer. Be-my v. Richardson, 56 S. C. 173, 3-1 S. E. 73, 46 L. R. A. 517.

ADVOUTRY. In old English law. Adultery between parties hoth of whom were married. Hunter v. U. 8.. 1 Pin. (\\-'is.) 9], 39 \in. Dec. 277. Or the offense by an adulteress or continuing to live with

44.

EEDIINOARE IN TUO

the man with whom she committed the adultery. Cowell; Termes de la Ley. Sometimes spelled “advowtry."

ADVOWEE, or AVOWEE. The person or patron who has a right to present to a benefice. Fleta, lib. 5, e 14. —Advowee paramount. The sovereign, or highest patron.

ADVOWSON. In English ecclesiastical law. The right or presentation to a church or ecclesiastical benefice; the right of presenting a fit peison to the bishop, to be by him admitted and instituted to .i certain benefice within the diocese, which has become vacant. 2 Bl. Comm. Co. Litt. 119b, 1110a. The person enjo n is called the “patron" (piztrunus) of the church, and was formerly termed "advoca- ms." the advocate or (lefenxler, or in English, "adc:owee." Id.; 1 Crabb, Real Prop. 1). 139. § 117.

_Advowsons are of the following several kinds, VlZ.C —Advuwaon appendnnt. An ad\0wsnn annexed to a manor, and passing with it, as icnident or appendant to it, by a grant of the

Infll|_0l' only, without adding any other words. " ' Co. Litt 120. 121: 1 Crnhb,

Bi. Ponim. 2. l Pl'4'11. p. ]..O. § ilvuwson colla- Izive. \\‘'here the bishop happens himself to be the patron, in which case (presentation being impossible, or unnecessary) he does by one net. wlJl(‘h is termed "collation," or conferrin,-z the benefice, aii that is usuniiy done by the separate acts of presentation and institution. ‘2 i. Comm. 2?. _ : 1 Crahb, llcai Prop. p. 131, § 1]9.—A1]vowson donative. Wli9i‘e the patrnn has the right to put his cierk in |')0‘€sPSSl(llJ hv his mere fllft, or deed of ll')l'lflii0Ilu without any presentation to the liislmp, or Institution by him. 2 lli. omm. 2 1 Cl‘l1l.I]). lit.-il Prop. n. 131. § ‘ll9.—Advowson in gross. An adrnwson sepamted from the manor an nnnexed to the person. 2 I11 Cnmm. Co. Lin‘. 120: ] Crulih. Real Piep. p. ‘In HS; 3 Staph. Comm. ]1C>.—Advowson presentative. The usual kind of ndirmson, uhc-re the patron has the right of presentation to the bishop, or culinary, and moreover to demand of him to institute his clerk, if he finris him can-in- iezilly qiinlilied. 2 Bl. Comm. 22: 1 Crabb. llcal Prnp. p. 131, § 119.


ADVOWTRY. See Anvouriir.

Ii-IDES. Lat. In the civil law. A house, dneliing. place of habitation. Whether in the city or country. Dig. 30, -1]. 5. In the country ererytliing npnn the Slifffile of the soil passed under the term "mics." Du Czinge: Colvin.

Ii-JDIFICARE. Lat. In civil and oid ED,'.;llSl.l law. To Illillie or build :1 house; to erect !l. huilding. Dig. 45, 1, 75, 7.

II-}d.iflca.re in tin: proprlo solo non licet quod nlteri noceat. 3 inst. 201. To build upon your own land what may injure an- other is not lawful. A proprietor of lnnd has no right to erect an edifice on his own ground. interfering with the due enjoyment

of adjoining premises, as by overhanging