Blacks Law Dict. 1st ed

ADULTERA

43

ADVANTAGIUM

ADULTERA. In the civil law. An adulteress; a woman guilty of adultery. Dig. 48, 5, 4, pr.; Id. 48, 5,15,8. ADULTERATION. The act of corrupt ing or debasing. The term is generally ap plied to the act of mixing up with food or drink intended to be sold other matters of an inferior quality, and usually of a more or less deleterious quality. It is not clear that the addition of a wholesome article, as of pure water to milk, is adulterating. 5 Park. Crim. R. 311. ADULTERATOR, Lat. In the civil law. A forger; a counterfeiter. Adultera tores monetce, counterfeiters of money. Dig. 48. 19, 16, 9. ADULTERINE. Begotten in an adul terous intercourse. In the Roman and canon law, adulterine bastards were distinguished from such as were the issue of two unmar ried persons, and the former were treated with more severity, not being allowed the status of natural children, and being ineli gible to holy orders. ADULTERINE GUILDS. Traders act ing as a corporation without a charter, and paying a fine annually for permission to ex ercise their usurped privileges. Smith, Wealth Nat. b. 1, c. 10. ADULTERIUM. A fine anciently im posed as a punishment for the commission of adultery. ADULTEROUS BASTARDY. Adul terous bastards are those produced by an un lawful connection between two persons, who, at the time when the child was conceived, were, either of them or both, connected by marriage with some other person. Civil Code La. art. 182. ADULTERY. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Civil Code Cal. § 93; 1 Bish. Mar. & Div. § 703; 6 Mete. 243; 36 Me. 261; 11 6a. 56. Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex, and when the crime is com mitted between parties, only one of whom is married, both are guilty of adultery. Fen. Code Dak. § 333. It is to be observed, however, that in some of the states it is held that this crime is com mitted only when the woman is married to a third person, and the unlawful commerce of

a married man with an unmarried woman It not of the grade of adultery. In some juris dictions, also, a distinction is made between double and single adultery, the former being committed where both parties are married to other persons, the latter where one only is so married. ADVANCE, o. To pay money or render other value before it is due; or to furnish capital in aid of a projected enterprise, in ex pectation of return from it. ADVANCEMENT. Money or property given by a father to his child or presumptive heir, or expended by the former for the lat ter's benefit, by way of anticipation of the share which the child will inherit in the fa ther's estate and intended to be deducted there from. It is the latter circumstance which differentiates an advancement from a gift or a loan. Advancement, in its legal acceptation, does not involve the idea of obligation or future liability to answer. It is a pure and irrevoca ble gift made by a parent to a child in antici pation of such child's future share of the par ent's estate. 13 Pa. St. 580. An advancement is any provision by a par ent made to and accepted by a child out of his estate, either in money or property, during his life-time, over and above the obligation of the parent for maintenance and education. Code Ga. 1882, § 2579. An "advancement by portion," within the meaning of the statute, is a sum given by a parent to establish a child in life, (as by start ing him in business,) or to make a provision for the child, (as on the marriage of a daugh ter.) L. B. 20 Eq. 155. ADVANCES. Moneys paid before or in advance of the proper time of payment; money or commodities furnished on credit; a loan or gift, or money advanced to be repaid con ditionally. See 51 Barb. 597, 612; 10 Barb. 73. This word, when taken in Its strict legal sense, does not mean gifts, (advancements,) and does mean a sort of loan; and, when taken in its ordinary and usual sense, it in cludes both loans and gifts, — loans more readily, perhaps, than gilts. 25 Ga. 355. Payments advanced to the owner of prop erty by a factor or broker on the price of goods which the latter has in his hands, or is to receive, for sale. ADVANTAGIUM. In oldpleading. An advantage. Co. Ent. 484; Townsh. PI. 50.

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