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marriage, which is the foundation of society, adultery has been viewed as a great offence by all nations. The consideration of the penalties which ought to be imposed on the offenders is inseparable from the question of divorce and the provision for the children of the marriage, if any.

ADVENTURE, BILL OF, is a writing signed by a merchant, stating that the property of goods shipped in his name belongs to another, 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. In commerce, an adventure is defined a speculation in goods sent abroad under the care of a supercargo, to dispose of to the best advantage for the benefit of his employers.

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paper, which has always had the largest number of advertisements, contained 202,972 advertisements in 1842, or nearly one-third of all the advertisements published in London: as many as 1200 advertisements have sometimes appeared in one day's publication, and the average number each day exceeds 700. Since 1836 this newspaper has issued a double sheet; and within the last two years, during the session of Parliament, even an additional sheet has been issued twice or three times a week, in conse

ADVERTISEMENT (from the French avertissement, which properly sig-quence of the demand for increased space nifies a giving notice, or the announcement, of some fact or facts). In the English, Scotch, and Irish newspapers, and other periodical works, there are annually published nearly two millions of announcements, which, whatever be their peculiar character, are known by the general name Advertisement. The duty on a single advertisement was formerly 38. 6d. in Great Britain, and 2s. 6d. in Ireland; but by 3 & 4 Wm. IV. c. 23, it was reduced to 1s. 6d. in Great Britain, and 1s. in Ireland. In the year previous to this reduction the total number of newspaper advertisements published in the United Kingdom was 921,943, viz. 787,649 in England, 108,914 in Scotland, and 125,380 in Ireland. The duty amounted to 172,570l., and had been stationary for several years. In 1841 the number of advertisements had increased to 1,778,957, namely, 1,386,625 for England and Wales (653,615 in London, and 733,010 in provincial newspapers); 188,189 in Scotland; and 204,143 in Ireland. The total duty amounted to 128,3187.; and it has progressively increased from the period when the reduction took place, so that there is little doubt of its producing, in time, as large a revenue as it did at the higher rate. The circulation of newspapers has nearly doubled since the reduction of the stamp

for advertisements. Generally speaking, advertisements supply the fund out of which newspapers are supported, as the price at which the newspaper is sold is insufficient to pay the cost of the stamp, the paper, the printing, and the cost of management. In the greater number of advertisements, the former duty of 3s. 6d. constituted a tax of 100 per cent.. The lowest price of an advertisement in a London daily newspaper is now 58., which includes the duty: such advertisement must not exceed five lines. The usual practice is to charge 6d. per line for each line above four: but when the number of lines exceeds about twenty lines, the rate of charge is increased, the longest advertisements being charged at the highest rate. The rate per column for a single advertisement varies from 61. to 127. according to the circulation of the paper in which it is printed. Advertisements from servants wanting places are charged only 4s. each; and one or two papers in the large provincial towns have adopted a plan of charging only 2s. 6d. for short advertisements of a couple of lines, which are sufficient to embrace notices of a great variety of public wants, of a nature similar to those made known by advertisement in the papers of the United States. But here the duty on these short advertisements constitutes a tax of

66 per cent.

If the duty were abo- | drawn upon him, with the particulars of date, &c., to whom payable, &c., and where.

lished, the minimum price of advertisements would probably be 1s. in all but a few papers. The habit of advertising has, however, been practically discouraged by the former high duty. In our complicated state of society every facility should be given to the only effectual means of informing the public of new improvements, inventions, and other things calculated to promote the public advantage. The yearly number of advertisements in the United States, where no duty on them exists, is said to exceed 10,000,000.

Advertisements relating to the administration of the poor law, such as contracts for supplies, elections of officers, &c., are exempt from duty, as are also those relating to the proceedings under bankruptcies and insolvencies.

A printed copy of every pamphlet or paper (not a newspaper) containing advertisements must be brought to the Stamp-Office to be entered, and the duty thereon to be paid, under a penalty of 201. (§ 21, 6 & 7 Wm. IV. c. 76).

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The first English advertisement which can be found, is in the Impartial Intelligencer' for 1649, and relates to stolen horses. In the few papers published from the time of the Restoration to the imposition of the Stamp Duty in 1712, the price of a short advertisement appears seldom to have exceeded a shilling, and to have been sometimes as low as sixpence. (Nichols's Literary Anecdotes, vol. iv.)

ADVICE, in its legal signification, has reference only to bills of exchange. The propriety of inserting the words " as per advice," depends on the question whether or not the person on whom the bill is drawn is to expect further directions from the drawer. Bills are sometimes made payable "as per advice;" at other times "without further advice;" and generally without any of these words. In the former case the drawer may not, in the latter he may, pay before he has received advice.

Advice, in commercial language, means information given by one merchant or banker to another by letter, in which the party to whom it is addressed is informed of the bills or drafts which have been

ADVOCATE, from the Latin advo catus. The origin of advocates in Rome was derived from an early institution, by which every head of a patrician house had a number of dependants, who looked up to him as a protector, and in return owed him certain obligations. This was the relation of patron and client (patronus, cliens). As it was one of the principal and most ordinary duties of the patron to explain the law to his client, and to assist him in his suits, the relation was gradually contracted to this extent.

In early periods of the Roman republic the profession of an advocate was held in high estimation. It was then the practice of advocates to plead gratuitously; and those who aspired to honours and offices in the state took this course to gain popularity and distinction. As the ancient institutions were gradually modified, the services of Roman advocates were secured by pay. At first it appears that presents of various kinds were given as voluntary acknowledgments of the gratitude of clients for services rendered. These payments, however, gradually assumed the character of debts, and at length became a kind of stipend periodically payable by clients to those persons who devoted themselves to pleading. At length the Tribune M. Cincius, about B.C. 204, procured a law to be passed, called from him Lex Cincia, prohibiting advocates from taking money or gifts for pleading the causes of their clients. In the time of Augustus, this intended prohibition seems to have become inefficient and obsolete; and a Senatus consultum was then passed by which the Cincian law was revived, and advocates were made liable to a penalty of four times the amount of any fee which they received. Notwithstanding these restrictions, the constant tendency was to recur to a pecuniary remuneration; for in the time of the Emperor Claudius we find a law restraining advocates from taking exorbitant fees, and fixing as a maximum the sum of 10,000 sesterces for each cause pleaded, which would be equivalent to about 801. sterling. (Tacit. Ann. xi. 5, 7.)

Though the word Advocate is the term now generally used to express a person conversant with the law who manages a plaintiff's or defendant's case in court, this is not exactly the meaning of the Roman work advocatus. The word Advocatus, as the etymology of the word implies (advocare, to call to one's aid), was any person who gave another his aid in any business, as a witness for instance, or otherwise. It was also used in a more restricted sense to signify a person who gave his advice or aid in the management of a cause; but the Advocatus of the republican period was not the modern Advocate. He who made the speech for plaintiff or defendant was termed Orator or Patronus. Ulpian, who wrote in the second century A.D., defines Advocatus to be one who assisted another in the conduct of a suit (Dig. 50, tit. 13); under the Empire indeed we find Advocatus sometimes used as synonymous with Orator. As the word Advocatus must not be confounded with Orator, so neither must Advocatus nor Orator be confounded with Jurisconsultus, whose business it was to know the law and to give opinions on cases. The Emperor Hadrian established an Advocatus Fisci, whose functions were to look after the interests of the Fiscus, or the Imperial revenue.

of this practice exist in all countries into which the Roman law has been introduced; and are also clearly discernible in the rules and forms respecting fees to counsel at the present day in England.

In countries where the Roman law prevails in any degree, the pleaders in courts of justice are still called advocates, but their character and duties vary under different governments. [ADVOCATES, FACULTY OF; and AVOCAT.]

Advocates in English courts are usually termed COUNSEL.

The Lord Advocate, or King's Advocate, is the principal crown lawyer in Scotland. [ADVOCATE, LORD.]

In the middle ages various functionaries bore the title of Advocati.

Advocati Ecclesiarum were persons who were appointed to defend the rights and the property of churches by legal proceedings. They were established under the later Empire, and subsequently it was determined, in a council held by Eugenius II., that bishops, abbots, and churches should have Advocati, or, as they were otherwise called, Defensores, from their duty of defending the rights of the church. These Advocati were laymen, and took the place of the earlier officers of the same kind, called Economi, who were those ecclesiastics to whom was in

trusted the care of church property. In course of time the office of Advocatus Ecclesiarum was conferred on powerful nobles, whose protection the church wished to secure. Charlemagne was chosen Advocatus by the Romans, to defend the Church of St. Peter against the Lombard kings of Italy. Pepin is styled, in a do

and Roman Defender (Defensor Romanus). The title of Advocate of St. Peter was given to the Emperor Henry II.; and Frederick I. was called Defender of the Holy Roman Church.

In still later periods these restrictions upon the pecuniary remuneration of advocates, which must always have been liable to evasion, disappeared in practice; and the payment of persons for conducting causes in courts of justice resembled in substance the payment of any other services. In form, however, the fee was merely an honorary consideration (quid-cument of A.D. 761, King of the Franks dam honorarium), and was generally prenumerated, or paid into the hands of the advocate before the cause was pleaded. It was a rule that, if once paid, the fee could never be recovered, even though the advocate was prevented by death or accident from pleading the cause: and when an advocate was retained by his client at an annual salary (which was lawful and usual), the whole yearly payment was due from the moment of the retainer, though the advocate died before the expiration of the year. (Heineccius, Elementa Juris Civilis, p. 132.) Traces

The business of these Advocati was originally to defend the rights of a church or religious body in the courts, but they subsequently became judges, and held courts for the vassals of those religious houses whose Advocati they were. They were paid by a third part of the fines; the other two-thirds went to the church for whom they acted. The Advocatus and

his train, while making their judicial circuit, were entitled to various allowances of food. The advocati had great opportunities of extending their privileges, which they did not neglect, and the records of the middle ages abound in complaints of their rapacity and oppression, which were stopped by the princes' determining the amount to which they were entitled for their services.

But circumstances led to still further changes. The nature of the feudal system rendered it necessary for the abbots and heads of churches to hire the military services of others, as the ecclesiastics could not bear arms themselves, and, in order to gain the services of warlike chiefs, they granted to them lands to hold as fiefs of the church. This practice of enfeoffing advocates with church property was of high antiquity, at least as early as A.D. 652. The advocates did homage for the church lands which they held. The subject of the advocates of churches is treated by Du Cange with great fullness and clearness.

One sense of Advocatus remains to be explained, which has reference to the term Advowson. Advocatus is the Patronus who has the right of presenting a person to the ordinary for a vacant benefice. The Patronus is the founder of a church or other ecclesiastical establishment; he is also called Advocatus. The Patronus endowed the church with lands, built it, and gave the ground.

ADVOCATE, LORD, is the name given to the principal public prosecutor in Scotland. He is assisted by a SolicitorGeneral and some junior counsel, generally four in number, who are termed Advocates depute. He is understood to have the power of appearing as prosecutor in any court in Scotland, where any person can be tried for an offence, or to appear in any action where the Crown is interested; but it is not usual for him to act in the inferior courts, which have their respective public prosecutors, called procurators fiscal, acting under his instructions. The procurator fiscal generally makes the preliminary inquiries as to crimes committed in his district; and transmitting the papers to the Lord Advocate, that officer, or one of his assist

| ants, either directs the case to be prose cuted at his own instance before the su perior court, or leaves it to the conduct of the procurator fiscal in the inferior court. The origin of this office is not distinctly known. The prosecution of all offences at the instance of the crown, appears to have gradually arisen out of two separate sources: the one, the prosecution of state offences; the other, an inquiry, for behoof of the crown, into the extent of the feudal forfeitures arising from offences. A public prosecutor is alluded to in statute law so early as the year 1436; and by the Act 1587, c. 77, it is enacted "That the thesaurer and advocate persew slaughters and utheris crimes, althoucht the parties be siient, or wald utherwayes privily agree." It is now so thoroughly fixed a principle that the Lord Advocate is the prosecutor for the public interest of all offenders, that when a private party prosecutes, it is the practice that he shall obtain the concurrence of the Lord Advocate. It has been maintained that this concurrence is not necessary, and, on the other hand, that when required, the Lord Advocate can be compelled to give it: but these questions have not been authoritatively settled, as in practice the consent is never refused. The Lord Advocate sat in the Scottish Parliament in virtue of his office, as one of the officers of state. He is usually in the commission of the peace: and it is perhaps owing to the circumstance of his thus being a magistrate, that it is said he can issue warrants for the apprehension of accused persons. This is usually called one of the functions of his office, but its existence may be questioned; and the Lord Advocate, like any other party to a cause, never acts as a magistrate in his own person, but obtains such warrants as he may require from the Court of Justiciary. He and his assistants are always members of the ministerial party, and, much to the detriment of the public police business of the country, it is their practice all to resign when there is a change of ministers. When the Duke of Newcastle was in power, the practice of appointing a Secretary of State for Scotland being discontinued, that minister intrusted a great portion of the political business of the

country to the Lord Advocate; and that practice having been continued, the Lord Advocate is virtually secretary of state for Scotland. His duties in this capacity are multifarious, and the extent of his power is not very clearly defined. It is a very general opinion that the administration of criminal justice is injured by this concentration of heterogeneous offices in one man, and that it would be an improvement to throw part of his duties on an under-secretary of state. In 1804, when an inquiry into the conduct of Mr. Hope, as Lord Advocate, was moved for and lost in the House of Commons, that gentleman said, "Cases do occur when nothing but responsibility can enable a Lord Advocate of Scotland firmly and honestly to perform his duty to the public. In the American war, a noble lord, who then filled the situation [Lord Melville], acted on one occasion on this principle, in a way that did him the highest honour. The instance to which allude was the case of several vessels about to sail from Greenock and Port Patrick to New York and Boston. If these vessels had been permitted to sail, the consequence would have been that a number of British subjects would have been totally lost to this country. What then did the noble lord do?

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He incurred a grand responsibility: immediately sent orders to the custom-house officers of the ports from which the vessels were to sail, and had them all embargoed." And several similar instances of the exercise of undefined power were adduced on that occasion. By an old act, the person who gives false information of a crime to the Lord Advocate is responsible to the injured party, but the Lord Advocate himself is not responsible; and it is held that he is not bound to name his informant. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for high treason, which are conducted according to the English method.

ADVOCATES, FACULTY OF. The Faculty of Advocates in Edinburgh constitute the bar of Scotland. It consists of about 400 members. Only a small proportion, however, of these profess

to be practising lawyers, and it has become a habit for country gentlemen to acquire the title of Advocate, in preference to taking a degree at the Scottish Universities. The Faculty has no charter, but the privileges of its members have been acknowledged in Acts of Parliament and other public documents. They may plead before any court in Scotland where the intervention of counsel is not prohibited by statute; in the House of Lords, and in parliamentary committees Their claim to act as counsel is generally admitted in the colonial courts; and in those colonies where the civil law is predominant, such as the Cape of Good Hope and the Mauritius, it is usual for those colonists who wish to hold rank as barristers to become members of the Faculty of Advocates. The only credential which it is necessary for a candidate for admission to the Faculty to produce is evidence of his having passed his twentieth year. On making his application, he is remitted to the committee of examinators on the civil law, who examine him on Justinian's Institutes, and require him to translate ad aperturam a passage in the Pandects. After the lapse of a year he is examined in Scottish law. He then passes the ordeal of printing and defending Theses on a title of the Pandects after the method formerly followed in the Universities, and still preserved in some of them. The Faculty have a collection of these Theses, commencing with the year 1693. The impugnment is now a mere form. Being admitted by ballot by those members of Faculty who attend the impugnment, the candidate, on taking the oaths, receives an act of admission from the Court of Session. The expense of becoming a mem ber of the Faculty, including stamp duty, subscription to the widows' fund, the cost of printing the Theses, and the subscrip tion to the library, amounts to about 3502. The Faculty choose a dean or chairman by an annual vote. The Dean of Faculty and the two crown lawyers, the Lord Advocate and Solicitor-General, are the only persons who take precedence at the Scottish bar, independent of seniority. The Lord Advocate and the Solicitor-General are the only members of the Faculty who wear silk gowns and sit within the bar.

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