KFLCC Kingdom Law 2nd Ed.

43

ADVOCATE

ADVERSE PARTY

ADVISARE, ADVISARI. To consult, deliberate, consider, advise; to be advised. Occurring in the phrase curia ad visari vult, (usually abbreviated cur. adv. vult, or C. A. V.,) the court wishes to be ad vised, or to consider of the matter. To give an opinion or counsel, or recommend a plan or course of action; also to give notice. Long v. State, 23 Neb. 33, 36 N. W. 310. This term is not synonymous with "direct" or "instruct." Where a statute authorizes the trial court to advise the jury to acquit, the court has no power to instruct the jury to acquit. The court can only counsel, and the jury are not bound by the advice. People v. Horn, 70 Cal. 17, 11 Pac. 470. ADVISED. Prepared to give judgment, after examination and deliberation. "The court took time to be advised." 1 Leon. 187. ADVISEMENT. Deliberation, consider ation, consultation; the consultation of a court, after the argument of a cause by counsel, and before delivering their opinion. Clark v. Read, 5 N. J. Law, 486. suggesting, or advising, but not imperative. A verdict on an issue out of chancery is advisory. Watt v. Starke, 101 U. S. 252, 25 L, Ed. 826. ADVOCARE. Lat To defend; to call to one's aid; to vouch; to warrant. ADVOCASSIE. L. Fr. The office of an advocate: advocacy. Kelham. ADVOCATA. In old English law. A patroness; a woman who had the right of presenting to a church. Spelman. ADVOCATE. One who assists, defends, or pleads for another; one who renders le gal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly ad mitted to practice, who assists his client with advice, and pleads for him in open court. Holthouse. The College or Faculty of Advocates is a corporate body in Scotland, consisting of the members of the bar in Edinburgh. A large portion of its members are not active practitioners, however. 2 Bankt. Inst. 486. In the civil and ecclesiastical law. An officer of the court, learned in the law, who is engaged by a suitor to maintain or defend his cause. —Advocate general. The adviser of the crown in England on questions of naval and military law.—Advocate, lord. The principal crown lawyer in Scotland, and one of the great officers of state of Scotland. It is his duty to act as public prosecutor; but private individ uals injured may prosecute upon obtaining his concurrence. He is assisted by a solicitor gen eral and four junior counsel, termed "advo cates-depute." He has the power of appearing La t ADVISE. ADVISORY. Counselling,

ADVERSE PARTY. An "adverse par ty" entitled to notice of appeal is every par ty whose interest in relation to the judg ment or decree appealed from is in conflict with the modification or reversal sought by the appeal; every party interested in sus- t taining the judgment or decree. Harrigan v. Gilchrist, 121 Wis 127, 99 N. W. 909; Moody v. Miller, 24 Or. 179, 33 Pac. 402; Mohr v. Byrne, 132 Cal. 250, 64 Pac. 257; Fitzgerald v. Cross, 30 Ohio St. 444; In re Clarke, 74 Minn. 8, 76 N. W. 790; Herri man v. Menzies, 115 Cal. 16, 44 Pac. 660, 35 L. R. A. 318, 56 Am. St Rep. 81. ADVERSUS. In the civil law. Against, (contra) Adversus oonos mores, against good morals. Dig. 47, 10, 15. Notice given in a manner designed to attract public attention; information communicated to the public, or to an individual concerned, by means of handbills or the newspaper. Montford v. Allen, 111 Ga. 18, 36 S B. 305; Haffner v. Barnard, 123 Ind. 429, 24 N. E. 152; Com. v. Johnson, 3 Pa. Dist. R. 222. 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 advertis ing of lotteries In such connection the mean ing of the word is not confined to notices print ed in newspapers. Com. v. Hooper, 5 Pick. (Mkss.) 42. ADVERTISEMENTS OF QUEEN ELIZABETH. Certain articles or ordi nances drawn up by Archbishop Parker and some of the bishops in 1564, at the request of Queen Elizabeth, the object of which was to enforce decency and uniformity in the ritual of the church. The queen subsequent ly refused to give her official sanction to these advertisements, and left them to be enforced by the bishops under their general powers. Phillim. Ecc. Law, 910; 2 Prob. Div. 276; Id. 354. View; opinion; the counsel given by lawyers to their clients; an opin ion expressed as to wisdom of future con duct The instruction usually given by one mer chant or banker to another by letter, in forming him of shipments made to him, or of bills or drafts drawn on him, with par ticulars of date, or sight, the sum, and the payee. Bills presented for acceptance or payment are frequently dishonored tor want of advice. — Letter of advice. A communication from one person to another, advising or warning the latter of something which he ought to know, and commonly apprising him beforehand of some act done by the writer which will ultimately af fect the recipient. It is usual and perfectly proper for the drawer of a bill of exchange to write a letter of advice to the drawee, as well to prevent fraud or alteration of the bill, as to let the drawee know what provision has been made for the payment of the bill. Chit Bills, 162. ADVERTISEMENT. ADVICE.