KFLCC Kingdom Law 2nd Ed.

ADVANCEMENT

42

ADVERSE

ADVENTITIOUS. That which comes incidentally, fortuitously, or out of the regu lar course. "Adventitious value" of lands, see Central R. Co. v. State Board of As sessors, 49 N. J. Law, 1, 7 Atl. 306. ADVENTITIUS. Lat Fortuitous; In cidental ; that which comes from an unus ual source. Adventitia bona are goods which fall to a man otherwise than by in heritance. Adventitia dos is a dowry or portion given by some friend other than the parent. ADVENTURA. An adventure. 2 Mon. Angl. 615; Townsh. PL 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 law. Sending goods abroad under charge of a- su percargo or other agent, at the risk 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. Moores v. Louisville Underwriters (C. 0.) 14 Fed. 233. —Adventure, bill of. In mercantile law. A writing signed by a merchant, stating that the property in goods shipped in his name be longs to another, to the adventure or' chance of which the person so named is to stand, with a covenant from the merchant to account to him for the produce.— Gross adventure. In mari time law. A loan on bottomry. So named be cause the lender, in case of a loss, or expense incurred for the common safety, must contribute to the gross or general average Joint adven ture. A commercial or maritime enterprise undertaken by several persons jointly; a limit ed partnership,—not limited in the statutory sense as to the liability of the partners, but as to its scope and duration. Ross v. Willett, 76 Hun, 211, 27 N. Y. Supp. 785. 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 given legal warning to the other party, and afforded the latter an opportunity to con test it. ADVERSE. Opposed; contrary; in re sistance or opposition to a claim, applica tion, or proceeding. As to adverse "Claim," "Enjoyment," "Possession," "User," "Verdict," "Witness," see those titles.

latter's benefit, by way of anticipation of the share which the child will inherit in the father's estate and intended to be deducted therefrom. It is the latter circumstance which differentiates an advancement from a gift or a loan. Grattan v. Grattan, 18 111. 167, 65 Am. Dec. 726; Beringer v. Lutz, 188 Pa. 364, 41 Atl. 643; Daugherty v. Rog ers, 119 Ind. 254, 20 N. E. 779, 3 L. R. A 847; Hattersley v. Bissett, 51 N. J. Eq. 597, 20 Atl. 187, 40 Am. St. Rep. 532; Chase v. Ewing, 51 Barb. (N. Y.) 597; Osgood v. Breed, 17 Mass. 356; Nicholas v. Nicholas, 100 Va. 660, 42 S. D. 669; Moore v. Free man, 50 Ohio St. 592, 35 N. E. 502; Appeal of Porter, 94 Pa. 332; Bissell v. Bissell, 120 Iowa, 127, 94 N. W. 465; In re Allen's Es tate, 207 Pa. 325, 56 Atl. 928. Advancement, in its legal acceptation, does not involve the idea of obligation or future lia bility to answer. It is a pure and irrevocable gift made by a parent to a child in anticipa tion of such child's future share of the parent's estate. Appeal of Yundt, 13 Pa. 580, 53 Am. Dec. 496. An advancement is any provision by a parent made to and accepted by a child out of his estate, either in money or property, during his life-time, over and above the obliga tion of the parent for maintenance and educa tion. Code Ga. 1882, § 2579. An "advance ment by portion," within the meaning of the statute, is a sum given by a parent to establish a child in life, (as by starting him in business,) or to make a provision for the child, (as on the marriage of a daughter.) L. R. 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 re paid conditionally. Vail v. Vail, 10 Barb. (N. Y.) 69. 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 gifts. Nolan v. Bol ton, 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. Laflin, etc., Powder Co. v. Burkhardt, 97 U. S. 110, 24 L. Ed. 973. ADVANTAGIUM. In old pleading. An advantage. Co. Ent 484; Townsh. PL 50. ADVENA, In Roman law. One of for eign birth, who has left his own country and settled elsewhere, and who has not ac quired citizenship in his new locality; oft en called albanus. Du Cange. A period of time recognized by the English common and ecclesiastical law, beginning on the Sunday that falls ei ther upon St. Andrew's day, being the 30th of November, or the next to it, and continu ing to Christmas day. Wharton. ADVENT.