Gambar halaman
PDF
ePub

granted by a public officer duly authorised to delegate the trust; he is sometimes called surrogate, judge of probate, register of wills and for granting letters of administration. It is to be granted to such persons as the statutory provisions of the several states direct. There are several kinds of administrations besides the usual kind which gives to the administrator the management of all the personal estate of the deceased for an unlimited time. Administration durante minori state is granted during the minority of an executor, and ceases on his coming of age. Administration durante absentia is granted to some person during the absence of the next of kin. Administration pendente lite is granted pending a suit commenced to test the validity of a paper purporting to be a will. Administration de bonis non, is where an executor or administrator is dead, and no one is left to administer the goods remaining unadministcred. Administration cum testamento annexo is one which is granted with the will annexed.

ADMINISTRATION, govern meat, is the management of the affairs of the government; this word is also applied to the persons in power who manage public affairs; as Washington's administration was always wise. That part of the public authority which is exercised by the mayor and other public officers is also called administration; as, this is the administration of the law in Pennsylvania.

ADMINISTRATOR, trusts. An administrator is a person lawfully appointed to manage and settle the estate of a deceased person who has left no executor. By the grant of letters of administration, the administrator is vested with full and ample power to take possession of all the personal estate of the deceased, and sell

it; and to collect the debts due to him: he represents him in all matters which relate to his personal property. He is authorised to pay the debts of the intestate in the order directed by law; and for his trouble he is generally entitled to a compensation which is allowed him as commissions on the amount which passes through his hands. He is responsible for his neglect or mismanagement of the estate or for a devastavit (q. v.) When two or more administrators join in the administration of the estate, it seems to be settled, 16 Serg. & Rawle, 340, that like executors, the act of each one of them, which relates to the delivery, gift, sale, payment, possession or release of the testator's goods, is considered as of equal validity as the act of all, for they have a joint power and authority over the whole. Bac. Ab. Executor, C 4; 11 Vin. Ab. 358; Com. Dig. Administration, B 12; 3 Litt. R. 315 ;1 Dane's Ab. 383. Onthe death of one of several joint administrators, the whole authority is vested in the survivor or survivors. Vide Letters of Administration.

ADMINISTRATOR DE BONIS NON, is one appointed to administer the goods of an estate, which has been partially administered by a former executor or administrator, who has since died, been discharged, or removed. He has all the powers of a common administrator. Bac. Ab. Executor, B; 1 Swinb. 396; Roll's Ab. 907; 1 Root's R. 171. Vide De Bonis Non.

ADMINISTRATOR MINORE .ietate, is an administrator ap. pointed to act as such during the minority of an infant executor, until the latter shall attain the lawful age to act. Godolph. 102; 5 Co. 29. His powers extend to administer the estate so far as to collect the same, sell a sufficiency of the personal chattels to pay the debts, sell bona peritura, and such other acts as require immediate attention. He may sue and be sued, Bac. Ab. Executor, B 1; Roll's Ab. 110; Cro. Eliz. 718. The powers of such an administrator determine as soon as the infant executor attains the age authorised by law for him to act, which at common law is seventeen years, but by statutory provisions in several states, the age required is twenty-one years.

ADMIRAL, officer, in some countries is the commander in chief of the naval forces. This office does not exist in the United States.

ADMIRALTY, is the name of a jurisdiction which takes cognizance of suits or actions which arise in consequence of acts done upon or relating to the sea; or, in other words, of all transactions and proceedings relative to commerce and navigation, and to damages or injuries upon the sea. 2 Gall. R. 468. In the great maritime nations of Europe, the term "admiralty jurisdiction," is uniformly applied to courts exercising jurisdiction over maritime contracts and concerns. It is familiarly known among the jurists of Scotland, France, Holland and Spain, as of England, and applied to their own courts, possessing substantially the same jurisdiction as the English Admiralty in the reign of Edward the Third. Ibid., and the authorities there cited; and see also Bac. Ab. Court of Admiralty; Merl. Repert. h. t.; Encyclopedic, h. t. The Constitution of the United States has delegated to the courts of the national government cognizance " of all cases of admiralty and maritime jurisdiction;" and the act of September 24, 1789, ch. 20, s. 9, has given the district court " cognizance of all civil causes of admiralty and maritime jurisdiction," including all seizures under laws of imposts, navigation or

trade of the United States, where the seizures are made on waters navigable from the sea, by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas. It is not within the plan of this work to enlarge upon this subject. The reader is referred to the article Courts of the United States, where he will find all which it has been thought necessary to say upon the subject. Vide, generally, Dunlap's Adm. Practice; Bett's Adm. Practice; 1 Kent's Com. 353 to 380; Serg. Const. Law, Index, h. t.; 2 Gall. R. 398 to 476; 2 Chit. Pr. 508; Bac. Ab. Courts of Admiralty; 6 Vin. Ab. 505; Dane's Ab. Index, h. t.; 2 Bro. Civ. and Adm. Law; Wheat. Dig. 1; 1 Story L. U. S. 56, 60; 2 Id. 905; 3 Id. 1564, 1696; 4 Sharsw. cont. of Story's L. U. S, 2262; Clerke's Praxis; Collectanea Maritima: 1 U. S. Dig. tit. Admiralty Courts, XIII.

ADMISSIONS, in pleading--- Where one party means to take advantage of or rely upon some matter alleged by his adversary, and to make it part of his case, he ought to admit such matter in his own pleadings; as if either party states the title under which his adversary claims, in which instances it is directly opposite in its nature to a protestation. See Protestando. But where the party wishes to prevent the application of his pleading to some matter contained in the pleading of his adversary, and therefore makes an express admission of such matter (which is sometimes the case,) in order to exclude it from the issue taken, or the like, it is somewhat similar in operation and effect, to a protestation. The usual mode of making an express admission in pleading is, after saying that the plaintiff ought not to have or maintain his action, &c to proceed thus, " Because he says that although it be true that," &c, repeating such of the allegations of the adverse party as are meant to be admitted. Express admissions are only matters of fact alleged in the pleadings; it never being necessary expressly to admit their legal sufficiency, which is always taken for granted, unless some objection be made to them. Lawes Civ. PL 143, 144. See I Chit. PI. 600; Archb. Civ. PL 215.

In chancery pleadings admissions are said to be plenary and partial. They are plenary by force of terms not only when the answer runs in this form, " the defendant admits it to be true," but also when he simply asserts, and generally speaking, when he says, that "he has been informed, and believes it to be true," without adding a qualification such as, " that he does not know it of his own knowledge to be so, and therefore does not admit the same." Partial admissions are those which are delivered in terms of uncertainty, mixed up as they frequently are, with explanatory or qualifying circumstances.

ADMISSION, in corporations or companies, is the act of the corporation or company by which an individual acquires the rights of a member of such corporation or company. In trading and joint stock corporations no vote of admission is requisite; for any person who owns stock therein, either by original subscription or by conveyance, is in general entitled to and cannot be refused, the rights and privileges of a member. 3 Mass. R. 364; Doug. 524; 1 Man. & Ry. 529. All that can be required of the person demanding a transfer on the books, is to prove to the corporation his right to the property. See 8 Pick. 90. In a mutual insurance company, it has been held, that a person may become a member

by insuring his property, paying the premium and deposit-money, and rendering himself liable to be assessed according to the rules of the corporation. 2 Mass. R. 315.

ADMISSIONS, in evidence, are the declarations which a party, by himself or those who act under his authority, makes of the existence of certain facts. The term admission is usually applied to civil transactions, and to matters of fact, in criminal cases, where there is no criminal intent; the term confession, (q. v.) is generally considered as an admission of guilt. These admissions are generally evidence of those facts, when the admissions themselves are proved.

The admissibility and effect of evidence of this description will be considered generally, with respect to the nature and manner of the admission itself; and, secondly, with respect to the parties to be affected by it.

In the first place, as to the nature and manner of the admission; it is either made, first, expressly with a view to evidence; or, secondly, with a view to induce others to act upon the representation; or thirdly, it is an unconnected and casual representation. 1. As an instance of an admission made with a view to evidence may be mentioned the case where a party has solemnly admitted a fact under his hand and seal, in which case he is estopped not only from disputing the deed itself, but every fact which it recites, B. N. P. 298; 1 Salk. 186; Com. Dig. Estoppel, B. 5; Stark. Ev. pt. 4, p. 31.—2. Instances of this second class of admissions which have induced others to act upon them, are those where a man has cohabited with a woman, and treated her in the face of the world as his wife, 2 Esp. 637; and where he has held himself out to the world in a particular character, lb.; 1 Camp. 245; he cannot in the one case deny her to be his wife when sued by a creditor who has supplied her with goods as such, nor in the other can he divest himself of the character he has assumed.—3. Where the admission or declaration is quite foreign to the question pending, although admissible, it is not in general conclusive evidence ; and though a party may by falsifying his former declaration or oath, show that he has acted illegally and immorally, yet if he is not guilty of any breach of good faith in the existing transaction, and has not induced others to act upon his admission or declaration, nor derived any benefit from it against his adversary, he is not bound by it; the evidence in such cases is merely presumptive, and liable to be rebutted.

Secondly, with respect to the parties to be affected by it.—1. By a party to a suit, 1 Phil. Ev. 74; 7 T. R. 563; 1 Dall. 65. The admissions of the party really interested, although he is no party to the suit, are evidence, 1 Wils. '257.—2. The admissions of a partner during the existence of the partnership, are evidence against both, 1 Taunt. 104; Peake's C. 203; -1 Stark. C. 81. Sec 10 Johns. R. 66; lb. 216; 1 M. & Selw. 249. As to admissions made after the dissolution of the partnership, see 3 Johns. R. 536; 15 Johns. R. 424; 1 Marsh. (Kentucky) R. 189. According to the English decisions, it seems, the admissions of one partner, after the dissolution, have been holden to bind the other partner; this rule has been partially changed by act of parliament. Colly, on Part. 282; Stat. 9 Geo. 4, c. 14, (May 9, 1828.) In the Supreme Court of the United States, a rule, the reverse of the English, has been adopted, mainly on the ground, that the admission is

a new contract or promise, springing out of, and supported by the original consideration. 1 Pet. R. 351. The state courts have varied in their decisions; some have adopted the English rule; and in others it has been overruled. Story, Partn. § 324; 3 Kent, Com. Lect. 43, p. 49, 4th ed.; 17 S. & R. 126; 15 John. R. 409: 9 Cowen, R. 422; 4 Paige, R. 17; 11 Pick. R. 400; 7 Yerg. R. 534. 3. By one of several persons who have a community of interest, Stark. Ev. pt. 4, p. 47; 3 Serg. & R. 9.—4. By an agent, 1 Phil. Ev. 77-82; PaleyAg. 203207.—5. By an attorney, 4 Camp. 133; by wife, Paley Ag. 139, n. 2; Whart. Dig. tit. Evidence, O;

7 T. R. 112; Nott & M'C. 374. Admissions are express or im-'

plied. An express admission is one made in direct terms. An admission may be implied from the silence of the party, and may be presumed. As for instance, where the existence of the debt, or of the particular right has been asserted in his presence, and he has not contradicted it. And an acquiescence and endurance, when acts are done by another, which, if wrongfully done, are encroachments, and call for resistance and opposition, are evidence, as a tacit admission that such acts could not be legally resisted. See 2 Stark.C. 471.

See, generally, Stark. Ev. part 4, tit. Admissions; 1 Phil. Ev. part 1, c. 5, s. 4; 2 Evans's Pothier, 319;

8 East, 549, n. 1; Com. Dig. Testemoigne, Addenda, vol. 7, p. 434; Vin. Abr. Evidence, A. b. 2, A. b. 23; lb. Confessions; this Diet. tit. Confessions, Examination; Bac. Abr. Evidence, L.; Toullier, Droit Civil Francais, tome 10, p. 375, 450.

ADMISSIONS, of attorneys and counsellors. To entitle counsellors and attorneys to practice in court, they must be admitted by the court to practice there. Different statutes and rules have been made to regulate their admission; they generally require a previous qualification by study under the care of some practising counsellor or attorney. See 1 Troub. &Haly'sPr. 18; 1 Arch. Pr. 16; Blake's Pr. 30.

ADMISSIONS, in practice. It frequently occurs in practice, that in order to save expenses as to mere formal proofs, the attorneys on each side consent to admit, reciprocally, certain facts in the cause without calling for proof of them. These are usually reduced to writing, and the attorneys shortly add to this effect, namely, " We agree that the above facts shall on the trial of this cause be admitted, and taken as proved on each side;" and signing two copies now called " admissions in the cause, each attorney takes one. Gresl. Eq. Ev. c. 2, p. 38.

ADMITTANC E, Eng. law, is the act of giving possession of a copyhold estate, as livery of seisin is of a freehold; it is of three kinds, namely: upon a voluntary grant by the lord; upon a surrender by the former tenant; and upon descent.

ADMITTENDO IN SODIUM, Eng. law. A writ associating certain persons to justices of assize.

ADMONITION, is 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, Repert. h. t. The admonition was authorised by the civil law, as a species of punishment for slight misdemeanors. Vide Reprimand.

ADOLESCENCE, persons, is that age which follows puberty and precedes majority; it commences for males at fourteen and for females at twelve years completed, and continues till twenty-one years complete.

Vol. I.—8.

ADOPTION, civil law, the act by which a person chooses another from a strange family, to have all the rights of his own child. Merl. Repert, h. t. Dig. 1, 7, 15, 1, and see Arrogation. By art. 232, of the civil code of Louisiana, it is abolished in that state. It never was in use in any other of the United States.

ADROGATION, civil law. The 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, i.

ADULT, in the civil law, is an infant who, if a boy, has attained his full age of fourteen years, and if a girl, her full age of twelve. Domat, Liv. Prel. t. 2, s. 2, n. 8. In the common law an adult is considered one of full age. 1 Swanst. R. 553.

ADULTERATION, in criminal law, is a general term for rendering the public coin of less value than it ought to be; which comprehends debasing the coin, by the admixture of improper metals, or the use of any undue alloy, (fee. and counterfeiting the coin, which is forging a stamp to. resemble the true coin upon baser metal. This is always done with a fraudulent purpose and is punishable by fine and imprisonment.

ADULTERINE, a term used in the civil law to denote the issue of an adulterous intercourse. See Nicholas on Adulterine Bastardy.

ADULTERIUM. In the old records this word does not signify the offence, but the fine imposed for its commission. Barr. on the Stat. 62, note.

ADULTERY, in criminal law, from ad and alter another person; a criminal conversation, between two married persons, or a married and unmarried person. The married person is guilty of adultery, the unmarried of fornication, (q. v.) 1 Yeates, 6; 2 Dall. 124; but see 2 Blackf. 318. The punishment of adultery in

« SebelumnyaLanjutkan »