Page:The New International Encyclopædia 1st ed. v. 01.djvu/181

ADVERB. par excellence. A literal translation by the Roman grammarians of the Gk. ἐπίρρημα, epirrhēma, from ἐπί, epi, at + ῥῆμα, rhēma, word, verb). As an adjective is joined to a noun, so is an adverb joined, for analogous purposes, to a verb, an adjective, or another adverb. From the frequency with which adverbs are joined to verbs, only the adverbs of degree modifying other parts of speech, they get their name. An adverb cannot be the subject, the copula, or the predicate of a proposition; and is, therefore, a secondary part of speech, logically speaking. According to their signification, adverbs may be divided into (1) adverbs of place and direction, as where, towards; (2) of time, as ever, immediately; (3) of degree, as very, almost; (4) of manner, as thus, wisely; (5) of belief or doubt, as perhaps, no, etc. It is commonly said that "some adverbs admit of comparison;" as if in this respect they differed from adjectives. The truth is that adverbs admit of comparison under the same limitations, neither more nor less, that restrict the comparison of adjectives. Thus, soon is compared as naturally as hard. If now or thus cannot be compared, neither can woolen nor circular; and in both cases for the same reason — the sense forbids it. The laws of euphony prevent alike miserable and miserably from being compared grammatically, i.e., by the addition of er and est; but both admit of logical comparison by the use of more and most. A large class of adverbs in English are formed from adjectives by annexing the syllable ly, which is derived from the word like. Most languages have some such means of distinguishing the adverb from the adjective, but in German they are alike. Adverbs in general may be looked upon as abbreviations of phrases; thus, here = in this place, then = at that time, wisely = like a wise man. Combinations of words that can thus be represented by a single adverb, and all combinations that are analogous, though they may have no single word equivalent to them, are called adverbial expressions.

AD'VERSE POSSES'SION. The possession of lands under a claim of title inconsistent with that of the true owner. It originates in the disseisin (qv.) or ouster of the freehold tenant, and, if continued for the statutory period of limitation, results in the acquisition of a complete title by the adverse possessor or disseisor. In order to constitute a good adverse possession there must be an actual occupancy (pedis possessio) of the premises claimed, and an exclusion of the rightful owner from the whole thereof. The possession must be open and notorious, and continued without interruption for the requisite period. It need not be continued by one and the same person, however; a subsequent occupant who claims by descent, devise, or grant from a former occupant being entitled to tack his possession to that of his predecessor in order to make up the requisite period of adverse holding. In some of the United States it is not even necessary that the subsequent occupant shall show a legal transfer of the property to him so as to connect his possession with that of the original disseisor in order to tack the two periods. The claim of title required of the adverse possessor is not an assertion of a legal right, but only an obvious intention to hold as owner. This may be innocent, as under a will or deed which proves to be void, or unintentional, as by the accidental inclusion of another's land with that of the occupant, or it may be with the deliberate intention of gaining for one's self land belonging to another. The existence of the requisite intention, or claim of title, is a question of fact to be determined from the circumstances of the occupancy. In some of the United States certain acts (as fencing, improvement of the premises, or actual residence) have been prescribed by statute as requisite to prove the intention. In general the claim of the adverse possessor is limited to the land actually occupied; but where the claim is under color of title (i.e., under a deed, will, or other instrument describing a definite parcel of land) the actual occupation of a part may be extended by construction to the whole parcel so described. This doctrine of "constructive adverse possession" is a modern addition to the law of disseisin, and is peculiar to the United States, The period of time required to ripen an adverse possession into a valid and indefeasible title varies greatly, but it is usually fixed by statute at twenty years. (See .) The subject is fully considered in all the leading treatises on real property. Stephen M. Leake and Joshua Williams are the modern English authorities; Emory Washburn is the leading American writer, but his treatise should be read with caution.

ADVER'SITY HUME. A nickname given to the parliamentarian Joseph Hume (q.v.), who was noted for his attention to financial abuses in the government, and whose predictions of a crisis were justified in 1825.

ADVER'TISEMENT. In legal phraseology, a process resorted to whenever actual notice is necessary but is legally or physically impossible (as by reason of a want of jurisdiction of the parties to be notified, or ignorance of their whereabouts). Publication must be made in a newspaper published at or as near as possible to the place where the persons to be affected when last heard of resided. Such advertisement in law is construed to have the same effect as actual service of the notice, as, for example, in proceedings brought to foreclose a mortgage or other lien on real property. An attempt to notify personally all parties affected would often only result in delay, if not miscarriage, of justice. For advertisement in business, see.

ADVERTISEMENTS OF ELIZ'ABETH. A series of enactments issued by Parker (q.v.). Archbishop of Canterbury, in 1566, for the purpose of establishing "due order in the public administration of Common Prayer and using of Holy Sacraments." Enforcing as it did the wearing by the clergy of the surplice and college cap, and of the cope in cathedrals and collegiate churches, it was in harmony with Elizabeth's love for decency and order in public worship; but after waiting more than a year for her official sanction, and long correspondence with Cecil, Parker was obliged to issue it on his own responsibility. During the latter half of the nineteenth century there was much controversy as to the exact force of the advertisements, which came to a head in the Ridsdale ritual case of 1877. Lord Selborne held that they were an absolute and authoritative prescription of the vestments to be worn, contending that they were the "other order" mentioned in the Act of Uniformity as to be taken later; while the