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ADMITTANCE

ADMITTANCE. In English Law. The act of giving possession of a copyhold estate. It is of three kinds: namely, upon a voluntary grant by the lord, upon a surrender by the former tenant, and upon descent; 2 Bla. Com. 366-370.

ADMITTENDO IN SOCIUM. In English Law. A writ associating certain persons to justices of assize; Cowel.

ADMONITION. A reprimand from a judge to a person accused, on being discharged, warning him of the consequences of his conduct, and intimating to him that, should he be guilty of the same fault for which he has been admonished, he will be punished with greater severity; Merlin, Répert.

The admonition was authorized as a species of punishment for slight misdemeanors.

ADNEPOS. The son of a great-greatgrandson; Calvinus, Lex.

ADNEPTIS. The daughter of a greatgreat-granddaughter; Calvinus, Lex.

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By this sale the person sold became subject to the mancipium of the purchaser, who then emancipated him; whereupon he fell again under the tirely it was necessary to repeat the mancipatio paternal power; and in order to exhaust it enthree times: si pater filium ter venumdabit, filius a patre liber esto. After the paternal power was thus dissolved, the party who desired to adopt the son instituted a fictitious suit against the

purchaser who held him in mancipium, alleging that the person belonged to him or was subject to his paternal power; the defendant not denying the fact, the prætor rendered a decree accordcompleted the adoption. Adoptantur autem, cum ingly, which constituted the cessio in jure, and a parente in cujus potestate sunt, tertia mancipatione in jure ceduntur, atque ab eo, qui adoptat, apud eum apud quem legis actio est, vindicantur;

Gell. 5. 19.

of adoption had been introduced by custom. Towards the end of the Republic another mode

This was by a declaration made by a testator, in his will, that he considered the person whom he wished to adopt as his son: in this manner Julius Cæsar adopted Octavius.

It is said that the adoption of which we have been speaking was limited to persons alieni juris.

ADNOTATIO. (Lat. notare). A sub- But there was another species of adoption, called scription or signing.

In the civil law, casual homicide was excused by the indulgence of the emperor, signed with his own sign-manual, called adnotatio; Code, 9. 16. 5; 4 Bla. Com. 187.

ADOLESCENCE. That age which follows puberty and precedes the age of majority. It commences for males at fourteen, and for females at twelve years completed, and continues till twenty-one years complete; Wharton.

ADOPTION. The act by which a person takes the child of another into his family, and treats him as his own.

A juridical act creating between two persons certain relations, purely civil, of paternity and filiation; 6 Demolombe, § 1.

Adoption was practised in the remotest antiquity, and was established to console those who had no children of their own. Cicero asks, “Quod est jus adoptionis? nempe ut is adoptat, qui neque procreare jam liberos possit, et cum potuerit, sit expertus." At Athens, he who had adopted a son was not at liberty to marry without the permission of the magistrates. Gaius, Ulpian, and the Institutes of Justinian only treat of adoption as an act creating the paternal power. Originally, the object of adoption was to introduce a person into the family and to acquire the paternal power over him. The adopted took the name of the adopter, and only preserved his own adjectively, as Scipio Emilianus; Cæsar Octavi anus, etc. According to Cicero, adoptions produced the right of succeeding to the name, the property, and the lares: "hereditates nominis, pecinie, sacrorum secuta sunt;" Pro Dom. §

13, 35.

The first mode of adoption was in the form of a law passed by the comitia curiata. Afterwards, it was effected by the mancipatio, alienatio per æs et libram, and the in jure cessio; by means of the first the paternal authority of the father was dis

adrogation, which applied exclusively to persons who were sui juris. By the adrogation a paterfamilias, with all who were subject to his patria potestas, as well as his whole estate, entered into another family, and became subject to the paternal authority of the chief of that family. Quæ species adoptionis dicitur adrogatio, quia et is qui adoptat rogatur, id est interrogatur, an velit eum quem adopturus sit justum sibi filium esse; et is, qui adoptatur rogatur an id fieri patiatur; et populus rogatur an id fieri jubeat; Gaius, 1. 99. The formulæ of these interrogations are given by Cicero, in his oration pro Dom. 20: Velitis, tam jure legeque filius sibi siet, quam si ex eo jubeatis, Quirites, uti Lucius Valerius Lucio Titio

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patre matreque familias ejus natus esset, utique eo vitæ necisque in eum potestas siet uti pariendo filio est; hoc ita ut dixi vos, Quirites rogo." This public and solemn form of adoption remained unchanged, with regard to adrogation, until the time of Justinian: up to that period it could only take place populi auctoritate. According to the Institutes, 1. 11. 1, adrogation took place by virtue of a rescript of the emperor,-principali rescripto, which only issued causa cognita; and the ordinary adoption took place in pursuance of the authorization of the magistrate,-imperio magistratus. The effect of the adoption was also modified in such a manner, that if a son was adopted by a stranger, extranea persona, he preserved all the family rights resulting from his birth, and at the same time acquired all the family rights produced by the adoption.

In the United States, adoption is regulated by the statutes of the several states. In Louisiana, where the civil law prevails, it was abolished by the Code of 1808, art. 35, p. 50. In many of the continental states of Europe it is still permitted under various restrictions.

ADPROMISSOR (Lat. promittere). One who binds himself for another; a surety; a peculiar species of fidejussor. Calvinus, Lex.

solved, and by the second the adoption was com- The term is used in the same sense in the pleted. The mancipatio was a solemn sale made Scotch law. The cautionary engagement was to the emptor in presence of five Roman citizens (who represented the five classes of the Roman undertaken by a separate act: hence, one enpeople), and a libripens, or scalesman, to weigh tering into it was called ad promissor (promisthe piece of copper which represented the price. | sor in addition to); Erskine, Inst. 3. 3. 1.

ADROGATION

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ADVANCEMENT

ADROGATION. In Civil Law. The ADULTERINE GUILDS.

adoption of one who was impubes, that is, if a male, under fourteen years of age; if a female, under twelve; Dig. 1. 7. 17. 1. ADSCRIPTI (Lat. scribere). Joined to by writing; ascribed; set apart; assigned to; annexed to.

ADSCRIPTI GLEBÆ. Slaves who served the master of the soil; who were annexed to the land, and passed with it when it was conveyed; Calvinus, Lex.

These servi adscripti (or adscriptitii) glebæ held the same position as the villeins regardant of the Normans; 2 Bla. Com. 93.

ADSCRIPTITII (Lat.). A species of

slaves.

Those persons who were enrolled and liable to be drafted as legionary soldiers; Calvinus, Lex.

ADSESSORES (Lat. sedere). Side judges. Those who were joined to the regular magistrates as assistants or advisers; those who were appointed to supply the place of the regular magistrates in certain cases; Calvinus, Lex.

ADULT. In Civil Law. A male infant who has attained the age of fourteen; a female infant who has attained the age of twelve; Domat, Liv. Prel. tit. 2, § 2, n. 8. In Common Law. One of the full age of twenty-one; Swanst. Ch. 553.

ADULTER (Lat.). One who corrupts ; one who corrupts another man's wife. Adulter solidorum. A corrupter of metals; a counterfeiter; Calvinus, Lex.

ADULTERA (Lat.). A woman who commits adultery; Calvinus, Lex.

ADULTERATION. The act of corrupting or debasing; the act of mixing something impure or spurious with something pure or genuine, or an inferior article with a superior one of the same kind.

ADULTERATOR (Lat.). A corrupter;

a counterfeiter.

Adulterator moneta. A forger; Du Cange. Adulterations of food, when wilful, are punishable by the laws of most countries. In Paris, malpractices connected with such adulteration are investigated by the Conseil de Salubrité, and punished. In Great Britain, numerous acts have been passed for the prevention of adulterations : they are usually punished by a fine, determined by a summary process before a magistrate. In Pennsylvania, the adulteration of articles of food and drink, and of drugs and medicines, is, by a statute of March 31, 1860, made a misdemeanor punishable by fine or imprisonment, or both.

ADULTERINE. The issue of adulterous

intercourse.

Those are not deemed adulterine who are begotten of a woman openly married through ignorance of a former wife being alive.

Adulterine children are regarded more unfavorably than the illegitimate offspring of single persons. The Roman law refused the title of natural children, and the canon law discouraged their admission to orders.

Companies of traders acting as corporations, without charters, and paying a fine annually for the privilege of exercising their usurped privileges; Smith, Wealth of Na., book 1, c. 10; Wharton, Dict., 2d Lond. ed.

ADULTERIUM. A fine imposed for the commission of adultery. Barrington, Stat. 62, n.

ADULTERY. The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife; Bishop, Mar. & D. § 415; 6 Metc. 243; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. 174.

The voluntary sexual intercourse of a married woman with a man other than her husband.

Unlawful voluntary sexual intercourse between two persons, one of whom at least is married, is the essence of the crime in all cases. In general, it is sufficient if either party is married; and the crime of the married party will be adultery, while that of the unmarried party will be fornication; 1 Yeates, 6; 2 Dall. 124; 5 Jones, No. C. 416; 27 Ala. N. s. 23; 35 Me. 205; 7 Gratt. 591; id. 673. In Massachusetts, however, by statute, and some of the other states, if the woman be married, though the man be unmarried, he is guilty of adultery; 21 Pick. 509; 2 Blackf. 318; 18 Ga. 264; 9 N. H. 515; and see 1 Harr. N. J. 380; 29 Ala. 313. In Connecticut, and some other states, it seems that to constitute the offence of adultery it is necessary that the woman should be married; that if the man only is married, it is not the crime of adultery at common law or under the statute, so that an indicteither party; though within the meaning of the ment for adultery could be sustained against law respecting divorces it is adultery in the man.

It is not, by itself, indictable at common law; 4 Bla. Com. 65; 5 Rand. 627, 634; but is left to the ecclesiastical courts for punishment. In the United States it is punishable by fine and imprisonment under various statutes, which generally define the offence.

Parties to the crime may be jointly inconvicted and punished before or without dicted; 2 Metc. Mass. 190; or one may be the conviction of the other; 5 Jones, No. C.

416.

ADVANCEMENT. A gift by anticipation from a parent to a child of the whole or a part of what it is supposed such child will inherit on the death of the parent; 6 Watts, 87; 4 S. & R. 333; 17 Mass. 358; 11-Johns. 91; Wright, Ohio, 339.

An advancement can only be made by a parent to a child; 5 Miss. 356; 2 Jones, No. C. 137; or in some states, by statute, to a grandchild, 4 Kent, 419; 4 Watts, 82; 4 Ves. 437.

The intention of the parent is to decide whether a gift is intended as an advancement; 23 Penn. 85; 11 Johns. 91; 2 M'Cord, Ch. 103; see 26 Vt. 665.

A mere gift is presumptively an advancement, but the contrary intention may be shown; 22 Ga. 574; 8 Ired. 121; 18 Ill. 167; 3 Jones, No. C. 190; 3 Conn. 31; 6 id. 356; 1 Mass. 527. The maintenance and educa

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ADVERSE POSSESSION

tion of a child, or the gift of money without
a view to a portion or settlement in life, is
not deemed an advancement; 5 Rich, Eq. 15;
23 Conn. 516. If security is taken for re-by some friend other than the parent.
payment, it is a debt and not an advance-
ment; 21 Penn. 283; 29 id. 298; 23 Ga.
531; 2 Patt. & H. 1; 22 Pick. 508; and see
17 Mass. 93, 359; 2 Harr. & G. 114.

Adventitia bona are goods which fall to a man otherwise than by inheritance. Adventitia dos is a dowry or portion given

No particular formality is requisite to indicate an advancement; stat. 22 & 23 Car. II. c. 10; 1 Maddox, Ch. Pr. 507; 4 Kent, 418; 16 Vt. 197; unless a particular form of indicating such intention is prescribed by statute as requisite; 4 Kent, 418; 1 Gray, 587; 5 id. 341; 5 R. I. 255, 457.

The effect of an advancement is to reduce the distributive share of the child by the amount so received, estimating its value at the time of receipt; 1 S. & R. 422; 21 Mo. 347; 3 Yerg. 112; 5 Harr. & J. 459; 1 Wash. Va. 224; 3 Pick. 450; 3 Rand. 117; 2 Hayw. 266; but adding interest in some cases; 2 Watts, 314; 12 Gratt. 33; yet in some states the child has his option to retain the advancement and abandon his distributive share; 9 Dana, 193; 4 Ala. N. s. 121; to abandon his advancement and receive his equal share of the estate; 12 Gratt. 33; 15 Ala. N. s. 85; 26 Miss. 592; 28 id. 674; 18 Ill. 167; but this privilege exists only in case of intestacy; 1 Hill, Ch. 10; 3 Yerg. 95; 3 Sandf. Ch. 520; 5 Paige, Ch. 450; 14 Ves. Ch. 323. See ADEMPTION.

ADVANCES. Payments made to the owner of goods by a factor or agent, who has or is to have possession of the goods for the purpose of selling them.

An agent is entitled to reimburse himself from the proceeds of the goods, and has a lien on them for the amount paid; Livermore, Ag. 38; and an action over for the balance, against his principal, if the sales are insufficient to cover the advances; 22 Pick. 40; 3 N. Y. 62; 12 N. H. 239; 2 Pars. Contr. 466; 2 Bouvier, Inst. n. 1340.

ADVENA (Lat. venire). In Roman Law. One of foreign 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. The period commencing on Sunday falling on St. Andrew's day (30th of November), or the nearest Sunday to it, and continuing till Christmas; Blount.

ADVENTURE. Sending goods abroad under charge of a supercargo or other agent, which are to be disposed of to the best advantage for the benefit of the owners. The goods themselves so sent.

ADVERSE ENJOYMENT. The possession or exercise of an easement or privilege under a claim of right against the owner of the land out of which the easement is derived;

2 Washb. R. P. 42.

Such an enjoyment, if open, 4 M. & W. 500; 4 Ad. & E. 369, and continued uninterruptedly, 9 Pick. 251; 8 Gray, 441; 17 Wend. 564; 26 Me. 440; 20 Penn. 331; 2 N. H. 255; 9 id. 454; 2 Rich, 136; 11 Ad. & E. 788, for the term of twenty years, raises a conclusive presumption of a grant, provided that there was, during the time, some one in existence, in possession and occupation, who was not under disability to resist the use; 2 Washb. R. P. 48.

The en

ADVERSE POSSESSION. joyment of land, or such estate as lies in grant, under such circumstances as indicate that such enjoyment has been commenced and continued under an assertion or color of right on the part of the possessor; 3 East, 394; 1 Pick. 466; 2 S. & R. 527; 3 Penn. 132; 8 Conn. 440; 2 Aik. Vt. 364; 9 Johns. 174; 18 id. 40, 355; 5 Pet. 402; 4 Bibb, 550; 43 Ala. 643.

When such possession has been actual, 3 S. & R. 517; 7 id. 192; 2 Wash. C. C. 478, and has been adverse for twenty years, of which the jury are to judge from the cir cumstances, the law raises the presumption of a grant; Angell, Wat. Cour. 85, et seq. But this presumption arises only when the use or occupation would otherwise have been unlawful; 3 Me. 120; 6 Cowen, 617, 677; 8 id. 589; 4 S. & R. 456.

The adverse possession must be "actual, continued, visible, notorious, distinct, and hostile;" 6 S. & R. 21. See numerous cases in note to Nepean v. Doe, 2 Sm. Lead. Cas. 597.

a

claim of ownership; but see 41 N. J. L. 527.

In 55 Miss. 671 it is said that there must be

Possession is not adverse:

When both parties claim under the same It took its name from the fact that it immedi- title; as, if a man seised of certain land in ately preceded the day set apart to commemo-fee have issue two sons, and die seised, and rate the birth or coming (advent) of Christ; Cowel; Termes de la Ley.

Formerly, during this period, "all contentions at law were omitted." But, by statute 13 Edw. I. (Westm. 2) c. 48, certain actions

were allowed.

ADVENTITIOUS (Lat. adventitius). That which comes incidentally, or out of the regular course.

ADVENTITIUS (Lat.). Foreign; coming from an unusual source.

one of the sons enter by abatement into the land, the statute of limitations will not opeabator entered into the land of his father, rate against the other son; for when the before entry made by his brother, the law intends that he entered claiming as heir to his father, by which title the other son also claims; Coke, Litt. s. 396;

When the possession of the one party is consistent with the title of the other; as, where the rents of a trust estate were received

ADVERTISEMENT

by a cestui que trust for more than twenty years after the creation of the trust, without any interference of the trustee, such possession being consistent with and secured to the cestui que trust by the terms of the deed, the receipt was held not to be adverse to the title of the trustee 8 East, 248; see 69 Mo. 117; When, in contemplation of law, the claimant has never been out of possession; as, where Paul devised lands to John and his heirs, and died, and John died, and afterwards the heirs of John and a stranger entered, and took the profits for twenty years; upon ejectment brought by the devisee of the heir of John against the stranger, it was held that the perception of the rents and profits by the stranger was not adverse to the devisee's title; for when two men are in possession, the law adjudges it to be the possession of him who has the right; 1 Ld. Raym. 329;

When the occupier has acknowledged the claimant's titles; as, if a lease be granted for a term, and, after paying the rent for the land during such term, the tenant hold for twenty years without paying rent, his possession will not be adverse. See 1 B. & P. 542; 8 B. & C. 717; 2 Bouvier, Inst. n. 2193, 2194, 2351. ADVERTISEMENT (Lat. advertere, to

turn to).

Information or knowledge communicated to individuals or the public in a manner designed to attract general attention.

A notice published either in handbills or in a newspaper.

The law in many instances requires parties to advertise in order to give notice of acts which are to be done; in these cases, the advertisement is in general equivalent to notice. But there are cases in which such notice is not

sufficient, unless brought home to the actual knowledge of the party. Thus, notice of the dissolution of partnership by advertisement in a newspaper printed in the city or county where the business is carried on, although it is of itself notice to all persons who have had no previous dealings with the firm, yet it is not notice to those who have had such previous dealings; it must be shown that persons of the latter class have received actual notice; 4 Whart. 484. See 17 Wend. 526; 22 id. 183; 9 Dan. Ky. 166; 2 Ala. N. s. 502; 8 Humphr. 418; 3 Bingh. 2. It has been held that the printed conditions of a line of public coaches are sufficiently made known to passengers by being posted up at the place where they book their names. W. & S. 373; 3 id. 520. An advertisement by a railroad corporation in a newspaper in the English language of a limitation of its liability for baggage is not notice to a passenger who does not understand English; 16 Penn. 68.

When an advertisement contains the terms of sale, or description of the property to be sold, it will bind the seller; and if there be a material misrepresentation, it may avoid the contract, or at least entitle the purchaser to a compensation and reduction from the agreed price.

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Advertisements published bona fide for the apprehension of a person suspected of crime, or for the prevention of fraud, are privileged. Thus, an advertisement of the loss of certain bills of exchange, supposed to have been embezzled, made in the belief that it was necessary either for the purposes of justice with a view to the discovery and conviction of the offender, or for the protection of the defendant himself against the liability to which he might be exposed on the bills, is privileged, if these were the defendant's only inducements; Heard, Lib. & Sland. § 131.

A sign-board, at a person's place of business, giving notice of lottery-tickets being for sale there, is an "advertisement;" and, if erected before the passage of a statute making the advertising of lottery-tickets penal, a continuance of it is within the statute; 5 Pick. 42.

ADVICE.

Information given by letter by one merchant or banker to another in regard to some business transaction which concerns him; Chitty, Bills, 185.

ADVISARE, ADVISARI (Lat.). To advise; to consider; to be advised; to consult.

Occurring often in the phrase curia advisari vult (usually abbreviated cur. adv. vult or C. A. v.), the court wishes to consider of the matter. When a point of law requiring deliberation arose, the court, instead of giving an immediate decision, ordered a cur. adv. vult to be entered, and then, after consideration, gave a decision. Thus, from amongst numerous examples, in Clement vs. Chivis, 2 B. & C. 172, after the account of the argument we find cur. adv. vult; then, "on a subsequent day judgment was delivered," etc.

ADVISEMENT. Consideration; deliberation; consultation.

ADVOCATE. An assistant; adviser; a pleader of causes.

Derived from advocare, to summon to one's assistance; advocatus originally signified an assistant or helper of any kind, even an accomplice in the commission of a crime; Cicero, Pro Cacina, c. 8; Livy, lib. ii. 55; iii. 47; Tertullian, De Idolatr. cap. xxiii.; Petron. Satyric. cap. xv. Secondarily, it was applied to one called in to assist a party in the conduct of a suit; Inst. 1, which is its present signification. 11, D, 50, 13. de extr. cogn. Hence, a pleader,

An

In Civil and Ecclesiastical Law. officer of the court, learned in the law, who is engaged by a suitor to maintain or defend his cause. Advocates, like counsellors, have the exclusive privilege of addressing the court either orally or in written pleadings; and, in general, in regard to duties, liabilities, and privileges, the same rules apply mutatis mutandis to advocates as to counsellors. See COUNSELLOR.

Lord Advocate.-An officer in Scotland appointed by the crown, during pleasure, to take care of the king's interest before the courts of session, justiciary, and exchequer. All actions that concern the king's interest, civil or criminal, must be carried on with concourse of the lord advocate. He also discharges the duties of public prosecutor, either in person or by one of his four deputies, who

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ADVOCATE

are called advocates-depute. Indictments for he must be of good repute, not convicted of crimes must be in his name as accuser. He an infamous act; l. 1, § 8, D. 3, 1; he could supervises the proceedings in important crimi- not be advocate and judge in the same cause; nal cases, and has the right to appear in all 1. 6, pr. C. 2, 6; he could not even be a judge such cases. He is, in fact, secretary of state in a suit in which he had been engaged as for Scotland, and the principal duties are con- advocate; l. 17, D. 2, 1; l. 14, C. 1, 51; nor nected directly with the administration of the after being appointed judge could he practise government. as advocate even in another court; l. 14, pr. C. 1, 51; nor could he be a witness in the cause in which he was acting as advocate; 1. ult. D. 22, 5; 22 Glück, Pand. p. 161, et seq.

Inferior courts have a procurator fiscal, who supplies before them the place of the lord advocate in criminal cases; see 2 Bankt. Inst. 492.

College or Faculty of Advocates.-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.

He was bound to bestow the utmost care and attention upon the cause, nihil studii reliquentes, quod sibi possibile est; 1. 14, § 1, C. 3, 1. He was liable to his client for damages caused in any way by his fault; 5 Glück, Pand. 110. If he had signed the concepit, he was responsible that it contained no matter punish

Church or Ecclesiastical Advocates. Pleaders appointed by the church to maintainable or improper; Boehmer, Cons. et Decis. its rights.

In Ecclesiastical Law. A patron of a living; one who has the advowson, advocatio; Tech. Dict.; Ayliffe, Par. 53; Dane, Abr. c. 31, § 20; Erskine, Inst. 79, 9.

or his advocate; 1. 6, § 1, C. 2, 6. Should it become necessary or advantageous to mention unpleasant truths, this must be done with the utmost forbearance and in the most moderate language; 5 Glück, Pand. 111. Conscientious honesty forbade his betraying secrets confided to him by his client or making any improper use of them; he should observe inviolable secrecy in respect to them; ibid.; he could not, therefore, be compelled to testify in regard to such secrets; 1. ult. D. 22, 5.

t. ii. p. 1, resp. cviii. no. 5. He must clearly and correctly explain the law to his clients, and honestly warn them against transgression or neglect thereof. He must frankly inform them of the lawfulness or unlawfulness of their Originally the management of suits at law cause of action, and must be especially careful was undertaken by the patronus for his cliens not to undertake a cause clearly unjust, or to as a matter of duty arising out of their recip- let himself be used as an instrument of chirocal relation. Afterwards it became a pro- canery, malice, or other unlawful action; 1. fesssion, and the relation, though a peculiarly 6, §§ 3, 4, C. 2, 6; l. 13, § 9; l. 14, § 1, C. confidential one while it lasted, was but tem-3, 1. In pleading, he must abstain from inporary, ending with the suit. The profession vectives against the judge, the opposite party was governed by very stringent rules: a limited number only were enrolled and allowed to practise in the higher courts-one hundred and fifty before the præfectus prætorio; Dig. 8, 11; Code, 2, 7; fifty before the præf. aug. and dux Egypticus at Alexandria; Dig. 8, 13; etc. etc. The enrolled advocates were called advocati ordinarii. Those not enrolled were called adv. supernumerarii or extraordinarii, and were allowed to practise in the inferior courts; Dig. 8, 13. From their ranks vacancies in the list of ordinarii were filled; Ibid. The ordinarii were either fiscales, who were appointed by the crown for the management of suits in which the imperial treasury was concerned, and who received a salary from the state; or privati, whose business was confined to private causes. The advocati ordinarii were bound to lend their aid to every one applying to them, unless a just ground existed for a refusal; and they could be compelled to undertake the cause of a needy party; 1. 7, C. 2, 6. The supernumerarii were not thus obliged, but, having once undertaken a cause, were bound to prosecute or defend it with diligence and fidelity.

If he violated the above duties, he was liable, in addition to compensation for the damage thereby caused, to fine, or imprisonment, or suspension, or entire removal from practice, or to still severer punishment, particularly where he had been guilty of a provaricatio, or betrayal of his trust for the benefit of the opposite party; 5 Glück, Pand, 111.

In

Compensation. By the lex Cincia, A. U. C. 549, advocates were prohibited from receiving any reward for their services. course of time this became obsolete. Claudius allowed it, and fixed ten thousand sesterces as the maximum fee. Trajan prohibited this fee, called honorarium, from being paid before the termination of the action. This, too, was disregarded, and prepayment had become lawful in the time of Justinian; 5 Glück, Pand. 117. The fee was regulated by law, unless the advocate had made a special agreement with his client, when the agreement fixed the amount. But a pactum de quota litis, i. e., An advocate must have been at least seven- an agreement to pay a contingent fee, was teen years of age; 1. 1, § 3, D. 3, 1; he must prohibited, under penalty of the advocate's not be blind or deaf; 1. 1, § 3 et 5, D. 3, 1; | forfeiting his privilege of practising; 1. 5, C.

The client must be defended against every person, even the emperor, though the advocati fiscales could not undertake a cause against the fiscus without a special permission; l. 1 et 2, C. 2, 9; unless such cause was their own, or that of their parents, children, or ward; 1. 10, pr. C. 11, D. 3, 1.

VOL. I.-9

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