ADVICE. 



ADVOCATES' L1BKAKY. 



1 7 Viet, op. 03, the duties on advertisements were remitted altogether. 

 In the year coding Jan. 5, 1651, there had appeared in English and 

 Scotch newspapers 2,010,422 advertisement*, and 236,128 in Irish 

 newapapan, producing together a revenue from the tax of 326.075/. 1 1. 

 In June 1855 the compulsory stamp on newspapers was also remitted, 

 the stamp being used solely for postage purpose*. This has giwu a 

 fresh impulse to advertising, by occasioning the establishment of ex- 

 tremely cheap newspapers, many of which contain a printed superficies 

 of about 1300 square inches on each side, and are sold for a penny. T<> 

 give an example of the extent of advertising, we may state tint the 

 double number of the ' Times ' for January 5, 1859, being an a\ . t .c_-.' 

 number contains 2305 advertisements. In nearly every case adver- 

 tisements supply the fund out of which newspapers are supported, an 

 the price, even of the higher-priced paper*, is insufficient to pay the 

 cost of the paper, the printing, the editing, the collecting of news a 

 most important and heavy item, and the management. The prices 

 charged for advertisement* vary according to the amount of circulation 

 of the paper, and in some degree according to the character of the 

 advertisement, short advertisements, not exceeding three linen, of 

 persons wanting situations, being charged in some cases as low as It. 

 riow the duty is off, there are no returns made for fiscal purposes, and 

 it baa become nearly impossible to ascertain the exact number of 

 advertisements published annually, but it may be confidently stated 

 that they have at least doubled ; that ia, they now amount to upwards 

 of four millions in the United Kingdom. In the United States of 

 America, where no duty I" iiu]..,-e<l. they are estimated to amount to 

 ten million.-. It was certainly wise to remove all obstruction.-, in 

 our complicated state of society, to the means of informing the 

 public of new improvement.-, of invention*, of the want* of some, 

 and of the resources for supplying them possessed by other* : in short, 

 of bringing together, from the most distant ports of the empire, the 

 information calculated to promote both the individual and public 

 advantage. 



ADVICE, in iU legal signification, has reference only to bills of 

 exchange. The propriety of inserting the words " as per advice," 

 dejH-nds on the question whether or not the person on whom the I 'ill 

 in 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 either of these words. In the 

 former case the drawer may not, in the latter he may, pay before he 

 has received advice. 



Ai/rice, in commercial language, means information given by one 

 merchant or banker to another by letter, in which the party to \\ In mi 

 it ia addressed is informed of the bills or drafts which have been drawn 

 upon him, with the particulars of date, &c., to whom payable, &c., and 

 w hci e. 



ADVOCATE, from the Latin a</rc/. Among the Romans, an 

 advocate was a person skilled in the lawn. Advocates in Home owed 

 their origin to the institution of patron and client, by wliich every head 

 of a patrician house had a number of dependent.-, who looked to him 

 as a protector, and in return owed him certain obligations. It wan the 

 principal, and one of the most ordinary duties of the patron, to assist 

 the client in his suits by advice and advocacy, so that the relation was 

 gradually contracted to this extent. 



Though the word ' advocate ' is now used to express a person who 

 manages a cose in court, this is not the meaning of the Roman word. 

 The Advocatus was any person who gave another his aid in any 

 business, as a witness, for instance, or otherwise. It was used in a 

 restrictive sense to signify one who gave his aid in a cause. The 

 Advocatus of the republican period was not the modem Advocate. 

 He who appeared for plaintiff' or defendant was termed Orrftor or 

 Patronus. Ulpian, however, who wrote in the beginning of the third 

 century, A.U., defines Advocatus to be one who assisted another in the 

 conduct of a suit (Dig. b. 50, tit. 13), and under the Empin- tin. I 

 Advocatus used as synonymous with Onttor. Hadrian established on 

 Advocatus Fwci, whose functions were to look after the Fiscus, or 

 imperial revenue. 



In the early period of the Roman republic, the Advocate \\as held 

 in high estimation. It wan then the practice to plead gratuitously ; 

 those who aspired to honours in the Ktate taking thin course to render 

 themselves distinguished. As the simplicity of an, i, ni manners dis- 

 appeared, the service* of advocates became venal. At first, presents 

 were given, as acknowledgments of gratitude for sen-ices rendered ; 

 but these gradually assumed the character of debts, and at length 

 became a kind of stipend periodically [layablc by client* to those of the 

 patrician order who devoted themselves to pleading. In this form it 

 became an abuse ; so much so, that the Tribune Cm. in-, .i.out 200 

 years before Christ, procured a law, called from him Lex Cim-ia. pro- 

 hibiting advocates from taking money or gifts from their clients. In 

 the time of Augustus this prohibition had become olwolete; for the 

 Cincian law was revived, and advocates commanded to plead gratui- 

 tously, under a penalty of four times the amount of the fee they 

 received. Notwithstanding those reHtrictions. the tendency was always 

 to recur to a pecuniary remuneration ; for in the tune of Claudius we 

 find a law restraining advocate* from taking exorbitant fees, and fixing 

 as maximum the sum of 10,000 sesterces, equivalent to about 807. 

 sterling, for each cause pleaded. (Tacit. Ann. xi. 6.) Some years after- 

 wards, Pliny mentions a decree panned in hi* time, that all litigants in 



courts of justice, previously to the hearing of their causes, should take 

 an oath that they had neither given, promised, nor secured, any reward 

 of money to any person employed a* their advocate. 



In later periods, as the Roman law diffused itself over Europe, these 

 restrictions upon the remuneration of advocates entirely dioapiwared in 

 practice. In form, however, the fee was merely an honoran 

 nideratiou ('/KiV'/<"/i /I'liiorimViii). and wan generally, but not neces- 

 sarily, prtHumenittd, or |>aid to the advocat. -. cause was 

 pleaded. It was a rule that, if once paid, the fee could m 

 recovered, even though the advocate was prevented by death or acci- 

 dent from pleading the cause ; and where an advocat- ::i,-d by 

 his client at an annual salary (which was lawful and u-'i ,1 ,. the whole 

 yearly payment was due from the moment of the retainer, though tin- 

 advocate died before the expiration of the year. II aeocii, ' K 

 Juris CivihV p. 132.) Jlanife-t traces of thi- ; to I,, 

 found in all countries into which the civil or Uoiiuu law has bean 

 introduced, and are also discernible in the rules re*j>ecting fees to 

 counsel at the present day in England. 



In countries where the Roman law prevails, pleaders it 



justice ore still called advocates ; their character, duties, and liabilities 

 being extremely various under different governments. [ADV( 

 FACULTY OF ; BARRISTER.] 



ADVOCATE, LORD, the name given to the principal counsel for 

 the crown, and the public prosecutor in Scotland He is asisted l<y a 

 solicitor-general and some junior counsel, generally four in number, 

 who are termed A<b . .it- - I', put.. II, appears a.- prosecutor when 

 any person is tried for an offence, and in all actions where the Crown 

 ia interested. The inferior courts have their respective public pro 

 sec-utora, called Procurators Fiscal, who act under his instn 

 This officer generally makes the preliminary inquiries as to crimes 

 committed in his district; and after transmitting the paper.- to tin- 

 office of the Lord Advocate, he, or one of his assistant-, either direct.- 

 the case to be prosecuted before the superior court, that is, the < 

 Justiciary, or leaves it to the conduct of the Procurator Fiscal in tin- 

 inferior court. When a private party prosecutes, which is of very rare 

 occurrence, it i part of the formal practice for him to obtain tie 

 currence of the Lord Advocate. The Lord Advocate sat in tin- 

 Scottish Parliament in virtue of his office as one of the officers of 

 state. Like any other party to a cause, he 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 ol tin- 

 ministerial party, and it is their practice to resign when tln-i 

 change of ministers. The Lord Advocate is virtually Secretary of 

 State for Scotland. His duties in this capacity are multifariou 

 the extent of his power not clearly defined. 



ADVOCATES, FACULTY OF. The Faculty of Advocates in 

 Edinburgh constitute the Bar of Scotland. It consist* of aU.ut loo 

 mcmlicn, but only a small portion are practising lawyers. It i- 

 for country gentlemen to acquire the title of advocate, in preference to 

 taking a degree at the Scottish universities. Tin- iiiemlwrs in ,; 

 before any court in Scotland where the intervention of counsel is not 

 prohibited by statute, in the House of Lords, and in parliament. uy 

 committees. Their claim to act as counsel in generally admitted in the 

 colonial courts ; and in those colonies where the civil law is in uae, 

 such an the Cape of Good Hope and the Mauritius, it is usual for th,-,- 

 colonists who wish to hold rank as barristers to become members of the 

 Faculty of Advocates. A candidate, who uiuat at the outset either 

 possess a degree at one of the Universities, or pass an easy prcliminaiy 

 examination, is next examined in Justinian's ' Institutes,' and required 

 to translate passages from the ' Pandect.' After the lapse of a ye n he 

 is examined in the municipal law of Scotland, and he then print- a 

 thesis or essay on some title of the ' Pandect ' assigned to him In the 

 Faculty, the conclusions of which he must defend in a public nut-ting of 

 the Faculty held to impugn them, after the method formerly f, 

 in the universities. The thesis and imputation are however mere 

 forms. He is then admitted by billot, which has likewise In-, 

 mere form, and on taking the oaths, is formally admitted to the 

 privileges of the bar by the Court of Session. The expense of becoming 

 a niemlier of the Faculty, including stamp duty, sub-enption : 

 witlow.-' fund, the subscription to the library. Ac., amounts to about, 

 380/. The Faculty choose a dean or chairman annually, but the ,'lli, , 

 is generally held until the dean is promoted to the bench, a step win. h 

 nearly always follows his election by the Faculty. The Lord Ad\ 

 the Dean of Faculty, and the Solicitor-General, are the only jK-rsoiis who 

 have precedence at the Scottish Kir. inde|>endent of senioiity. The 

 Lord Advocate and Solicitor-General alone wear silk gowns a) 

 within the bar. 



ADVOCATES' LIBRARY. The idea of establishing a libr.uj. fo,- 

 the use of the Faculty of Advocates in Scotland, seems first to [,,,,,. 

 been entertained a few yean before the Revolution. The .nith 

 active promoter of the plan w:us Sir George Mackenzie of lt,^ehaugh ; 

 but the precise date when Sir George's scheme was first approve,! and 

 adopted by the faculty cannot be fixed. Mr. Alexander Brown, who 

 wan librarian to the Faculty of Advocates in 177'-', says in the \ 

 to ' Ruddiman'a Catalogue,' which he edited, "The plan of foi i 

 public library appears to have been adopted by the Faculty of Advo- 

 cates about the year 1680." 



At first, the Advocate;' Library had no lixc-.l fund, but nubtisted and 



