granted by a public officer duly au- | it; and to collect the debts due to him: thorised to delegate the trust; he is he represents him in all matters sometimes called surrogate, judge of which relate to his personal proprobate, register of wills and for perty. He is authorised to pay granting letters of administration. the debts of the intestate in the It is to be granted to such persons order directed by law; and for his as the statutory provisions of the trouble he is generally entitled to several states direct. There are a compensation which is allowed several kinds of administrations be- him as commissions on the amount sides the usual kind which gives to which passes through his hands. the administrator the management He is responsible for his neglect of all the personal estate of the de- or mismanagement of the estate ceased for an unlimited time. Ad- or for a devastavit (q. v.) When ministration durante minori ætate is two or more administrators join in granted during the minority of an the administration of the estate, it executor, and ceases on his coming seems to be settled, 16 Serg. & of age. Administration durante Rawle, 340, that like executors, the absentia is granted to some person act of each one of them, which during the absence of the next of relates to the delivery, gift, sale, kin. Administration pendente lite payment, possession or release of is granted pending a suit commenced the testator's goods, is considered to test the validity of a paper pur- as of equal validity as the act of all, porting to be a will. Administration for they have a joint power and de bonis non, is where an executor authority over the whole. Bac. Ab. or administrator is dead, and no one Executor, C 4; 11 Vin. Ab. 358; is left to administer the goods re- Com. Dig. Administration, B 12; 2 maining unadministered. Adminis- Litt. R. 315; 1 Dane's Ab. 383. On the tration cum testamento annexo is one death of one of several joint adminis which is granted with the will an- trators, the whole authority is vested nexed. in the survivor or survivors. Vide Letters of Administration.

ADMINISTRATION, government, 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 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, trusts. An ADMINISTRATOR MINORE administrator is a person lawfully ÆTATE, is an administrator apappointed to manage and settle the pointed to act as such during the estate of a deceased person who has minority of an infant executor, until left no executor. By the grant of let-the latter shall attain the lawful age ters of administration, the adminis- to act. Godolph. 102; 5 Co. 29. trator is vested with full and ample His powers extend to administer the power to take possession of all the per- estate so far as to collect the same, sonal estate of the deceased, and sell sell a sufficiency of the personal

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.

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 and to damages or injuries upon the sea. 2 Gall. R. 468. In the great maritime nations of Europe, the term "admiralty ADMISSIONS, in pleading.jurisdiction," is uniformly applied Where one party means to take to courts exercising jurisdiction advantage of or rely upon some over maritime contracts and con- matter alleged by his adversary, cerns. It is familiarly known among and to make it part of his case, he the jurists of Scotland, France, ought to admit such matter in his Holland and Spain, as of England, own pleadings; as if either party and applied to their own courts, states the title under which his possessing substantially the same adversary claims, in which instances. jurisdiction as the English Admi- it is directly opposite in its nature ralty in the reign of Edward the Third. Ibid., and the authorities there cited; and see also Bac. Ab. Court of Admiralty; Merl. Répert. h. t.; Encyclopédie, 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

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 | by insuring his property, paying the that although it be true that," &c. premium and deposit-money, and repeating such of the allegations of rendering himself liable to be asthe adverse party as are meant to sessed according to the rules of the be admitted. Express admissions corporation. 2 Mass. R. 315. 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 1 Chit. Pl. 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 cir

cumstances.

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 ADMISSION, in corporations or the representation; or thirdly, it is companies, is the act of the corpo- an unconnected and casual repreration or company by which an indi-sentation. 1. As an instance of vidual acquires the rights of a mem- an admission made with a view ber of such corporation or company. to evidence may be mentioned the In trading and joint stock corpora- case where a party has solemnly tions no vote of admission is requi- admitted a fact under his hand and site; for any person who owns stock seal, in which case he is estopped therein, either by original subscrip- not only from disputing the deed tion or by conveyance, is in general itself, but every fact which it recites. entitled to and cannot be refused, the B. N. P. 298; 1 Salk. 186; Com. rights and privileges of a member. Dig. Estoppel, B. 5; Stark. Ev. pt. 3 Mass. R. 364; Doug. 524; 14, p. 31.-2. Instances of this se 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

cond 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 partic