Blacks Law Dict. 1st ed

44

ADVENA

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given legal warning to the other party, and afforded the latter an opportunity to contest it. ADVERSE. Opposed; contrary; in re sistance or opposition to a claim, application, or proceeding. ADVERSE CLAIM. A claim set up by a stranger to goods upon which the sheriff has levied an execution or attachment. ADVERSE ENJOYMENT. The pos session or exercise of an easement, under a claim of right against the owner of the land out of which such easement is derived. 2 Washb. Real Prop. 42. ADVERSE POSSESSION. The pos session and enjoyment of real property, or of any estate lying in grant, continued for a cer tain length of time, held adversely and in denial and opposition to the title of another claimant, or under circumstances which in dicate an assertion or color of right or title on the part of the person maintaining it, as against another person who is out of posses sion. ADVERSE USER. An adverse user is such a use of the property as the owner him self would make, asking no permission, and disregarding all other claims to it, so far as they conflict with this use. 63 Me. 434. ADVERSE VERDICT. "Where a party, appealing from an allowance of damages by commissioners, recovers a verdict in his favor, but for a less amount of damages than had been originally allowed, such verdict is ad verse to him, within the meaning of his un dertaking to pay costs if the verdict should be adverse to him. 16 Gray, 256. ADVERSE WITNESS. A witness whose mind discloses a bias hostile to the party examining him; not a witness whose evidence, being honestly given, is adverse to the case of the examinant. Brown. ADVERSUS. In the civil law. Against, (contra.) Adverstu bonos mores, against good morals. Dig. 47, 10, 15. ADVERTISEMENT. Notice giren in a manner designed to attract public atten tion; information communicated to the pub lic, or to an individual concerned, by means of handbills or the newspaper. A sign-board, erected at a person's place of business, giving notice that lottery tickets are for sale there, is an "advertisement," within the meaning of a statute prohibiting the ad vertising of lotteries. In such conneo

ADVENA. In Roman law. One of for eign birth, who has left his own country and settled elsewhere, and who has not acquired citizenship in his new locality; often called albanus. Du Cange. ADVENT. A period of time recognized by the English common and ecclesiastical law, beginning on the Sunday that falls either upon St. Andrew's day, being the 80th of November, or the next to it, and continu ing to Christmas day. Wharton. ADVENTITIOUS. That which comes incidentally, fortuitously, or out of the regu lar course. ADVENTITIUS. Lat. Fortuitous; in cidental; that which comes from an unusual source. Adventitia bona are goods which fall to a man otherwise than by inheritance. Adventitia dos is a dowry or portion given by some friend other than the parent. ADVENTUBA. An adventure. 2 Mon. Angl. 615; Townsh. PI. 50. Flotson, jet son, and lagon are styled adventures maris, (adventures of the sea.) Hale, De Jure Mar. pt. 1, c. 7. ADVENTURE. In mercantile Sending goods abroad under charge of a su percargo or other agent, at the ri3k of the sender, to be disposed of to the best advan tage for the benefit of the owners. The goods themselves so sent. In marine insurance. A very usual word in policies of marine insurance, and everywhere used as synonymous, or nearly so, with "perils." It is often used by the writers to describe the enterprise or voyage as a "marine adventure" insured against. 14 Fed. Rep. 233. ADVENTURE, BILL OF. In mercan tile law. A writing signed by a merchant, stating that the property in goods shipped in his name belongs to another, to the advent ure or chance of which the person so named is to stand, with a covenant from the mer chant to account to him for the produce. ADVERSARIA. (From Lat. adversa, things remarked or ready at hand.) Rough memoranda, common-place books. ADVERSARY. A litigant-opponent, the opposite party in a writ or action. ADVERSARY PROCEEDING. One having opposing parties; contested, as dis tinguished from an ex parte application; one of which the party seeking relief has

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