A debt due by a child to his father differs from an advancement. In case of a debt, the money due may be recovered by action for the use of the estate, whether any other property be left by the deceased or not, whereas, an advancement merely bars the child's right to receive any part of his father's estate, unless he brings into hotch pot the property advanced. 17 Mass. R. 93, 359. See, generally, 17 Mass. R. 81, 356; 4 Pick. R. 21; 4 Mass. R. 680; 8 Mass. R. 143; 10 Mass. R. 437; 5 Pick. R. 527; 7 Conn. R. 1; 6 Conn. R. 355; 5 Paige's R. 318; 6 Watts's R. 86, 254, 309; 2 Yerg. R. 135; 3 Yerg. R. 95; Bac. Ab. Trusts, D ; Math. on Pres. 59; 5 Hayw. 187; 11 John. 91; 1 Swanst. 13; 1 Ch. Cas. 28; 3 Conn. 31; 15 Ves. 43, 50; U. S. Dig. h. t.

the United States generally is fine | Ves. Jr. 84; 2 Ib. 57; 1 Vern. by and imprisonment. In England it is Raithby, 88, 108, 216; 5 Ves. 421; left to the feeble hands of the eccle- Bac. Ab. h. t.; 4 Kent, Com. 173. siastical courts to punish this offence. Adultery in one of the married persons is good cause for obtaining a divorce by the innocent partner. See 1 Pick. 136; 8 Pick. 433; 9 Mass. 492; 14 Pick. 518; 7 Greenl. 57; 8 Greenl. 75; 7 Conn. 267; 10 Conn. 372; 6 Verm. 311; 2 Fairf. 391; 4 S. & R. 449; 5 Rand. 634; 6 Rand. 627; 8 S. & R. 159; 2 Yeates, 278, 466; 4 N. H. Rep. 501; 5 Day, 149; 2 N. & M. 167. ADVANCEMENT, is that which is given by a father to his child or presumptive heir, by anticipation of what he might inherit. 17 Mass. R. 358; 16 Mass. R. 200; 4 S. & R. 333; 11 John. R. 91; Wright, R. 339. The advancement which will exclude a child must be made by the father, and not by any other, not even the mother. 2 P. Wms. 356. There is, generally, in the statute laws of the several states, provisions relative to real and personal estates, similar to that which exists in the English statute of distribution, concerning an advancement to a child. If any child of the intestate has been advanced by him by settlement, either out of the real or personal estate, or both, equal or superior to the amount in value of the share of such child which would be due from the real and personal estate, if no such advancement had been made, then such child and his descendants, are excluded from any share in the real or personal estate of the intestate. But if the advancement be not equal, then such child, and in case of his death, his descendants, are entitled to receive, from the real and personal estate, sufficient to make up the deficiency, and no more. The advance ment is either express or implied. As to what is an implied advancement see 2 Fonb. Eq. 121; 1 Supp. to

ADVANCES, contracts, are said to take place when a factor or agent pays to his principal a sum of money on the credit of goods belonging to the principal, which are placed, or are to be placed, in the possession of the factor or agent, in order to reimburse himself out of the proceeds of the sale. In such case the factor or agent has a lien to the amount of his claim. Cowp. R. 251; 2 Burr. R. 931; Liverm. on Ag. 38; Journ. of Law, 146. The agent or factor has a right not only to advances made to the owner of goods, but also for expenses and disbursements, made in the course of his agency, out of his own moneys, on account of, or for the benefit of his principal; such as incidental charges for warehouseroom, duties, freight, general average, salvage, repairs, journeys, and all other acts done to preserve the property of the principal and to enable the agent to accomplish the objects of the principal, are to be paid fully by

the latter.

Story on Bailm. § 196, | the presumption of a grant. Ang. on Wat. Courses, 85, et seq. But this presumption arises only when the user or occupation would otherwise have been unlawful. 3 Greenl. R. 120; 6 Binn. R. 416; 6 Cowen, R. 617, 677; 8 Cowen, R. 589; 4 S. & R. 456. See 2 Smith's Lead. Cas. 307–416.

197; Story on Ag. § 335. The advances, expenses and disbursements of the agent must, however, have been made in good faith, without any default on his part. Liv. on Ag. 14 -16; Smith on Merc. L. 56; Paley on Ag. by Lloyd, 109; 6 East, R. 392. When the advances and disbursements have been properly made, the agent is entitled not only to the return of the money so advanced, but to interest upon such advances and disbursements, whenever from the nature of the business, or the usage of trade, or the particular agreement of the parties, it may be fairly presumed to be stipulated for, or due to the agent. 7 Wend. R. 315; 3 Binn. R. 295; 3 Caines, R. 226; 1 H. Bl. 303; 3 Camp. R. 467; 15 East, R. 223. This just rule coincides with the civil law on this subject. Dig. 17, 1, 12, 9; Poth. Pand. lib. 17, t. 1, n. 74.

ADVENTITIOUS, adventitius, from advenio: what comes incidentally; as adventitia bona, goods that fall to a man otherwise than by inheritance; or adventitia dos, a dowry or portion given by some other friend beside the parent.

ADVENTURE, bill of, a writing signed by a merchant, to testify that the goods shipped on board a certain vessel are at the venture of another person, he himself being answerable only for the produce. Techn. Dict. ADVERSE POSSESSION, title to lands, is the enjoyment of land, or such estate as lies in grant, under such circumstances as indicate that such enjoyment has been commenced and continued, under an assertion of right on the part of the possessor. 3 East, R. 394; 1 Pick. Rep. 466; 1 Dall. R. 67: 2 Serg. & Rawle, 527; 10 Watts, R. 289; when the possession has been adverse for twenty years, of which the jury are to judge from the circumstances, the law raises

ADVICE, comm. law, a letter containing information of any circumstances unknown to the person to whom it is written when goods are forwarded by sea or land, the letter transmitted to inform the consignee of the fact, is termed advice of goods, or letter of advice. When one merchant draws upon another, he generally advises him of the fact. These letters are intended to give notice of the facts they contain.

ADVICE, practice, is the opinion given by counsel to their clients; this should never be done but upon mature deliberation to the best of the counsel's ability; and without regard to the fact that it will affect the client favourably or unfavourably.

ADVOCATE, in the civil and ecclesiastical law. 1. An officer who maintains or defends the rights of his client in the same manner as the counsellor does in the common law.-Lord Advocate, an officer of state in Scotland, appointed by the king, to advise about the making and executing the law, to prosecute capital crimes, &c.-College or faculty of advocates, a college consisting of 180 persons appointed to plead in all actions before the lords of sessions.

-Church or ecclesiastical advocates, pleaders appointed by the church to maintain its rights.-2. A patron who has the advowson or presentation to a church. Techn. Dict.; Ayl. Per. 53; Dane Ab. ch. 31, § 20.

ADVOCATION, in the Scotch law. A writing drawn up in the form of a petition, called a bill of ad

vocation, by which a party in an action applies to the supreme court to advocate its cause and to call the action out of an inferior court to itself. Letters of advocation, are the decree or warrant of the supreme court or court of sessions, discharging the inferior tribunal from all further proceedings in the matter, and advocating the action to itself. This proceeding is similar to a certiorari (q. v.) issuing out of the supreme court for the removal of a cause from an inferior tribunal.

ADVOWSON, in ecclesiastical law, from advow, or advocare, a right of presentation to a church or benefice. He who possesses this right is called the patron or advocate; (q. v.) when there is no patron or he neglects to exercise his right within six months, it is called a lapse, i. e. a title given to the ordinary to collate to a church; when a presentation is made by one who has no right it is called a usurpation. Advowsons are of different kinds, as-Advowson appendant, when it depends upon a manor, &c. -Advowson in gross, when it be longs to a person and not to a manor. -Advowson presentative, where the patron presents to the bishop.-Advowson donative, where the king or patron puts the clerk into possession without presentation.-Advowson of the moiety of the church, where there are two several patrons and two incumbents in the same church.-A moiety of advowson, where two must join the presentation of one incumbent.-Advowson of religious houses, that which is vested in any person who founded such a house. Techn. Dict; 2 Bl. Com. 21. Mirehouse on Advowsons; Com. Dig. Advowson, Quare Impedit; Bac. Ab. Simony; Burn's Eccl. Law, h. t.; Cruise's Dig. Index, h. t.

a sum of money, or the discharge of some other duty or service. Techn. Dict.

AFFEERERS, in the English law; those who upon oath settle and moderate fines in courts leet. Hawk. 1. 2, ch. 112.

TO AFFERE, in the English law, signifies either" to affere an amercement," i. e. to mitigate the rigour of a fine; or "to affere an account," that is to confirm it on oath in the exchequer.

AFFIANCE, in contracts, from affidare or dare fidem, to give a pledge; a plighting of troth between a man and woman. Litt. s. 39; Pothier, Traité du Mariage, n. 24, defines it to be an agreement by which a man and a woman promise each other that they will marry together. This word is used by some authors as synonymous with marriage. Co. Litt. 34, a, note 2. See Dig. 23, 1, 1; Code, 5, 1, 4; Extrav. 4, 1.

AFFIDARE. To plight one's faith, or give fealty, i. e. fidelity by making oath, &c. Cunn. Dict. h. t. AFFIDATIO DOMINORUM, Eng. law. An oath taken by a lord in parliament.

AFFIDAVIT, in practice: an oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to crossexamine the witness, whereas an affidavit is always taken ex parte. Gresl. Eq. Ev. 413. Vide Harr. Dig. h. t. Affidavit to hold to bail, is in many cases required before the defendant can be arrested; such affidavit must be made by a person who is acquainted with the fact, whether he be plaintiff or not, and must state, AFFECTION, in contracts, the 1st, an indebtedness from the defendmaking over, pawning, or mortgag-ant to the plaintiff; 2dly, show a dising a thing to assure the payment of tinct cause of action; 3dly, the whole

AFFIRMATIVE PREGNANT, pleading. An affirmative allegation, implying some negative, in favour of the adverse party; for example, if to an action of assumpsit, which is barRAL, in the English Court of Ex-red by the act of limitations in six chequer, is a day appointed by the years, the defendant pleads that he judges of the common pleas, and did not undertake, &c. within ten barons of the exchequer, to be held a years, a replication that he did un