hands, to pay the deceased's debts, in such erder as an executor or administrator ought to pay them: but it is said, he or the stranger who hath letters ad colligendum, cannot sell them, without making themselves executors of their own wrong, and action lies only against the ordinary, &c. Wood's Inst. 333. Administration likewise may be granted durante minori etate of an infant executor or administrator. As if one makes an infant his executor, or dies intestate, and the right of administration devolves upon an infant, in these cases the ordinary is to grant administration during the minority of the infant, i. c. in the first case till he arrives at the age of seventeen, and in the latter till he arrives at the age of twenty-one, because an infant cannot, before his full age, give bond to admini, ster faithfully. Godolph. 102. 5 Co. 29. Hob. 230. Yelp. 128. And it is discretionary in the ordinary to whom to grant it, and therefore he is not obliged within the statute 21 H. 8. c. 5. to grant it to the next of kin either of the deceased, or the infant. Hob. 250. 1 Vent. 219. 1 Keb. 549. 3 Mod. 24. 1 New Abr. 381. Administration also may be granted de bonis non, where the first administrator dies, without having administered all the intestate's goods. 2 Bac. Abr. tit. Ex. and Ad. So if an executor dies intestate, administration de bonis non cum testamento annexo of the testator must be granted by the ordinary, for they are not devolved on his administrator, he having had them in auter droit, but if the executor dies and makes an executor, then the trust is devolved on him, and after payment of the debts and legacies of the first testator, he has an absolute property in the goods. Ibid. If the executor dies before probate, his executor cannot be executor to the first testator, but instead of an administration de bonis non, an immediate administration is granted. Ibid. So if an executor refuses, administration with the will annexed, is to be granted to another. Ibid. Besides all these administrations, there is administration durante absentia extra regnum, where a person is absent abroad; and administration pendente lite, which may be granted by the ordinary as well as durante minori ætate. Ibid. in these cases administration is to be granted to the next of kin to the first testator or intestate; but if the testator appoints are siduary legatee, such legatee is intitled to administration. Ibid. Interest of.] An administrator, by virtue of his administration, hath interest in all the chattels, real and personal, of the intestate, and in all the goods and chattels, either in possession or action, in like manner as an executor in the goods of the testator deceased, And all these goods and ebattels which be longed to the intestate at the time of his death, and which come to the hand of the administrator, shall be assets, or sufficient goods and chattels, to make him chargeable to the creditors, as executors are to creditors and legatees. Before they come to his hands he is not chargeable. Wood's Inst. 339. An administrator cannot take advantage by his administration, (unless by paying his own debt first, if it is equal in degree with others, or by taking the goods and chattels as they are appraised) because the surplusage must be distributed amongst the next of kin, if there are any kin, according to the statute of the 22 & 23 Car. 2. c. 10. If a debtor takes administration of the goods and chattels of his creditor, this shall not discharge the debtor; but his debt shall be assets; because the intestate did no act to free him from the debt. Whereas, by making a debtor executor, the testator doth thereby release the debt. When an administrator (as well as an executor) hath paid funeral charges, debts, &c. with his own money, he may retain so much of the goods of the intestate, in kind, according to the value, and shall have property in them. For by such payment the property is altered from the intestate to the administrator. Wood's Inst. 339. As to the power of an administrator, no one, not an executor, can legally do any act, relative to the estate or concerns of the deceased, till an administration is granted to him; but after the administration is granted, his power is almost equal with that of an executor. Yet if there are many administrators, one of them cannot sell goods, release debts, &c. without the other, but they must all join, because they have but one authority. See 30 Car. 2. c. 7. 4 & 5 W. & M. c. 24. With regard to the office and duty of an administrator, it is the same with that of an executor, as to the burial of the deceased and payment of funeral charges, the making of an inventory of his goods and chattels, the payment of debts, and the passing of an account. But with respect to his distributing the effects of the intestate, that is regulated by the statute of distribution, that is, the 22 & 23 Car. 2. c. 10. by which it is enacted, that all ordinaries and ecclesiastical judges (upon granting administration) must take bond of the administrator with two or more sureties, with condition that the administrator shall make a true and perfect inventory of all the goods and chattels of the deceased, and exhibit it into the registry of the ordinary's court by such a day: and to administer according to law, and to make a true and just account thereof, and to make distribution of the surplusage as followeth : viz. one third to the wife of the intestate, the residue among his children, and such as legally It has been resolved likewise, that the half blood shall have a share upon a distribution equally with the whole blood. Wood's Inst. 341. Fepresent them if any of them be dead,other than_nistrator, by virtue of his being so, by pretence of such children (not heirs at law) who shall have any custom may claim, to exempt the same from any estate by settlement of the intestate in his distribution. s. 8. life-time, equal to the other shares. Children, other than heirs at law, advanced by settlements or portions not equal to other shares, shall have so much of the surplusage as shall make the estate of all to be equal. But the heir at law shall have an equal part in the distribution with the other children, without any consideration of the value of the land which he hath by descent or otherwise from the intestate. If there be no children, nor legal represen tatives of them, one moiety shall be allotted to the wife, the residue equally to the next of kin dred to the intestate, in equal degree, and those who represent them. s. 5. No representation shall be admitted among collaterals after brothers and sisters children. And if there be no wife, all shall be distributed amongst the children; and if no child, to the next of kin to the intestate in equal degree, and their representatives. s. 6. No suck distribution shall be made till one year after the intestate's death; and every one, to whom any shares shall be allotted, shall give bond with sureties in the said courts, that, if debts afterwards appear, he shall refund his ratable part thereof, and of the administrator's. s. 7. In all cases where the ordinary hath used to grant administration cum testamento annexo, he shall continue so to do. s. 8. But by statute 1 Jac. 2. cap. 17. No administrator shall be cited into court to render an account of the personal estate of his intestate, otherwise than by an inventory thereof, unless at the instance of some person in behalf of a minor, or having a demand out of such estate as a creditor, or next of kin ; nor shall be compellable to account before an ordinary or judge empowered by the ast of 22 & 23 Cur. 2. cap. 10. otherwise than as aforesaid. s. 6. If after the death of a father, any of his children shall die intestate, without wife or chil-, dren, in the life-time of the mother, every brother and sister, and their representatives, shall have equal share with her. s. 7. If after the death of the father the son die intestate, without issue, but leaving a wife, a mother, brother, sisters, and nieces, the intestate's wife shall have but one moiety, and as to the other, the intestate's brothers, sisters, and nieces, shall come in for an equal share thereof with the mother. 2 P. Williams 344. But if a child dies intestate and unmarried, the father surviving has the child's whole estate at this day, 1 P. Williams 48. And this without taking administration to him. Pr. Ch. 260. The clause in the act of 22 & 23 Car. 2. c. 10. by which it is provided, that that act shall not prejudice the customs of the city of London and province of York, shall not extend to such part of any intestate's estate, which an admi By stat. 29 Car. 2. cap 3. The act of 22 & 23 Car. 2. cap. 10. shall not extend to the estates of feme coverts that die intestate, but their husbands may have administration of their personal estates, and recover and enjoy the same as they might have done before the making of the said act. And since the stat. 22 & 23 Car. 2. c. 10. the ordinary may grant administration to the wife or next a-kin, at his election, also the ordinary may grant administration quoad part to the wife, and as to the other part, to the next of-kin. 1 Sid. 179. Raym. 93. 1 Show. 351. 1 Salk. 36. If there be grandfather, father, and son, and the father dies intestate, the son shall have the administration, and not the grandfather. 2 Vern. 125. If a father die intestate, leaving only one son, which son also dies intestate, administration should be granted, to the next of kin, of the son, and not the father. 3 Mod. 58. Shower 26. and 2 Vern. 274. If a person die intestate, leaving two, who are next a-kin, in equal degree to him, and one of them die intestate within the year, and before distribution; such an interest is vested in him, that his next of kin shall have administration. Show. 25. Administration may be granted to the grandmother, in preference to the aunt; for she is as near of kin as the aunt, or rather nearer, because she is in the right line ascending. 1 Salk. 38, 39. Suits by and against,] Actions will lie both against and for an administrator in like manner as for and against an executor, and he shall be charged to the va lue of the goods, and no further; unless it be by his own false plea, or by wasting the goods of the intestate. An executor or adninistrator shall never be charged de bonis propriis, bnt where he doth some wrong; as by selling the testator's goods, and converting the money to his own use, concealing or wasting them, or by pleading what is false. Dyer 210. 2 Roll. Rep. 295. But this plea must be of a fact, within his own knowledge. If an administrator plead plene administravit, and it is found against him, the judgment shall be de bonis proprits, because it is a false plea, and that upon his own knowledge. 2 Cro. 191. Contra where he pleads such a plea, and that he hath no more than to satisfy such a judgment, &c. the recovery shall be de bonis testatoris, &c. 2 Rol. Rep. 400. This must mean, where such plea is true in fact. Upon plene administravit pleaded by an administra. tor, the plaintiff must prove his debt, or be shall recover but a penny damages, though there be assets; because the plea only admits the debt, but not the quantum. 1 Salk. $96. Special bail is not required of administraters in any action brought against them for the debt of the intestate; except where they have wasted the goods of the deceased: nor shall costs be had against administrators. 2 Bac. Abr. and 1 Comyn's Dig. Er and Ad. If a strancer that is not administrator, take the gols and administer in his own wrong, he shall be charged and sued as an executor. Terms de Ley 24. And generally an administrator shall be charged by others, for any debt or duty due from the deceased, as he himself might have been charged in his life. time; so far as he hath any of the intestate's estate, to discharge the same. Co. Lit. 219. Dyer 14. An administrator's power is given by the administration, therefore he can do nothing until that be granted; and yet as to goods taken away before, the administration shall relate, so as to give the administrator an action for them. Fitzherb. 2. 6. If a man have judgment for land in a real or mixed action, and for damages, and then dies; his executor or administrator, not the heir, shall have execution for the damages; but not for the land. Fitz. Admin. 53. March. 9. · Grant of administration, how revoked.] The ordinary ought not to repeal letters of administration which he hath duly granted; but if they are granted to such persons who ought not by law to have them, he may revoke them. 1 Lill. 38. As where a person is a lunatic, or the like. And if granted where not grantable, they may be repealed by the delegates. 1 Lev. 157, 186. If administration is granted, and afterwards a will is produced and proved, the administration shall be revoked; and all acts done by the administrator are void. 2 Rol. Abr. 907. If a citation is granted against a stranger administrator, and his administration is revoked by sentence, yet all acts done by him bona fide as administrator are good till the revocation; the administration being only voidable. 6 Rep. 18. 8 Rep. 135. But if there is any fraud, a creditor may have relief upon the stat. 13 Eliz. cap. 5. for letters of admi. nistration obtained by fraud are void. 3 Rep. 78. 6 Rep. 18, 19. 8 Rep. 143. If an administrator give goods away, and then administration is revoked or repealed, it is said the gift is good, except it be by covin, when it shall be good only against a creditor by statute: and where the administrator, after many goods administered, had his administration revoked, and it was committed to B. who sued the first administrator for goods unduly administered; it was held, that there was no remedy but in chancery. 6 Rep. 19. Clayı. 44. 4 Shep. Abr. 89. See Hob. 266. But Morgan, the valued and much lamented friend of the editor of this pre sent Dictionary, in the 10th edit. of Jac. Le suggests that in such a case as this, the second administrator might maintain an action at law against the first, for money had and received, or trover for any goods remaining in his possession or by him converted, and not duly administered. ADMINISTRATRIX, (Lat.) A woman, who hath goods and chattels of an intestate, committed to her charge, in like manner as an administrator. Blunt. ADMIRAL, (admiralius, admirallus, admiralis, capitaneus, or custos maris) is derived of the French amerel, and sin fies an high officer or magistrate, that hath the government of the king's navy. Corel. Blount. This word is also said to have its derivation from the Saxon aen mereal, over all the sea: and in ancient time the office of the admiralty was called custodia maritime Angle. Co. Lit. 260. It appears that anciently the admirals of England had jurisdiction of all causes of merchants and mariners, happening not only upon the main sea, but in all foreign parts within the king's dominions, and without them, and were to judge them in a summary way, according to the jaws of Oleron, and other sea laws. 4 Inst. 75. In the time of king Ed. 1. and king John, all causes of merchants and mariners, and things arising upon the main sea, were tried before the lord admiral; but the first title of admiral of England, expressly conferred upon a subject, was given by patent of king Rich. 2. to the earl of Arundel and Surry. Of late times this high office has been generally executed by commissioners; who by stat. 2 W. & M. cap. 2. are empowered to use and execute the like authorities as lord admiral. ADMIRALAY, Count of. The high court of Admiralty, 4 Inst. 134, 147. held before the lord high admiral of England, or his deputy stiled the judge of the admiralty; is not only a court of civil, but also a court of criminal jurisdiction. 4 Black. 268. The court of admiralty hath been time out of mind, and so it was said in the time of Ric. 1. which also appears by several records in the time of Hen. 3. Ed. 1. and other reigns. Co. Lit. 260 b. 4 Inst. 145. 1 Rol. Abr. 528. Seld. Mare Cl. l. 2. c. 14. This court hath cognizance of all crimes and offences committed either upon the sea or on the coasts out of the body or extent of any English county, and is regulated by the following acts: By 13 Rich. 2 st. 1, c. 5. upon com"plaint of incroachments made by the ad"mirals and their deputies, the admirals "and their deputies shall meddle with no"thing done within the realm, but only "with things done upon the sea,' By 15 Ric. 2. c. 3. all contracts, pleas and quarrels, and other things done within the bo dies of counties by land or water, and of wreck, the admiral shall have no conusance, but they shall be tried, by the law of the land; but of the D death of the man, and of mayhem done in great ships, being in the main stream of great rivers, beneath the points near the sea, and in no other place of the same river, the admiral shall have conusance; and also to arrest ships in the great flotes, for the great voyages of the king and the realm, saving to the king his forfeitures; and shall have jurisdiction in such flotes during such voyages, only saving to lords, their liberties, By 2 Hen. 4. c. 11. reciting the 13 R. 2. c. 5. it is enacted, that he that finds himself aggrieved against the form of the statute, shall have his action, by writ grounded upon the case, against him that so pursues in the admiralty, and recover double damages against him, and he shall incur the pain of 101. if he be attainted. By 28 Hen. 8. cap. 15. " all felonies and robberies upon the sea, or in any haven, creek or place, where the admiral has jurisdiction, shall be tried in such places in the realm, as shall be limited by the king's commission, in like form, as if committed upon the land; and such commissions shall be had under the king's great seal, directed to the admiral or to his lieutenant, or deputies, and to three or four such other substantial persons, as shall be named, or by the lord chancellor for the time being, to hear and determine such offences after the common course of the laws of the land used for felonies and robberies, &c. done and committed upon the land withinthis realm." "And if any person happen to be indicted for any such offence done upon the seas, or in any other place above limited, then such order, process, judgment and execution, shall be had, as against felons, for felony upon the land, and such as shall be convict, shall suffer such pains of death, losses of lands, goods and chattels, as if they had been attainted, and convicted of such offence, done upon the land; and also, shall be excluded from the benefit of the clergy 19 And by 11 & 12 W. 3. cap. 7. " their aiders and comforters, and the receivers of their goods are made accessaries, and to be tried as pirates by 28 Hen. 8. cap. 15." This is now the only method of trying maritime felonies in the court of admiralty; the judge of the admiralty still presiding therein, as the lord mayor is the president of the session of oyer and terminer in London. But the jurisdiction of the commissioners appointed under 28 Hen. 8. c. 15. being confined to the offences therein mentioned, The Stat. 39 Geo. 3. c. 15. enacts, "that every of fence committed upon the high seas shall be subject to the same punishment, as if it had been committed upon the shore, and shall be tried in the same manner as the crimes enumerated in the 28 Hen. c. 15. are directed to be tried." Aud as persons, tried for murder under that statute, could not be found guilty of manslaughter, and where the circumstances made the same manslaughter, were acquitted entirely, the said stat. 39 Geo. 3. cap. 15. enacts, "that where persons tried for murder or manslaughter committed on the high seas, are found guilty of manslaughter only, they shall be subject to the same punishment as if they had committed such manslaughter upon the land. The jurisdiction of the lord-admiral, therefore, is confined to the main sea, or coasts of the sea, not being within any county. Thus, the admiralty hath cognisance of the death or maim of a man, committed in any ship riding in great rivers, beneath the bridges thereof, next the sea: but by the cominon law, if a man be killed upon any arm of the sea, where the land is seen on both sides, the coroner is to inquire of it, and not the admiral; for the county may take cognisance of it; and where a county may inquire, the lord admiral has u jurisdiction. 3 Rep. 107. All ports and havens are infra corpus comitatus, and the admiral hath no jurisdiction of any thing done in them: between high and low water-mark, the common law and admiral have jurisdiction by turns; one upon the wa3 Inst. 115. ter and the other upon the land. The admiralty is said not to be a court of record, by reason it proceeds by the civil law. 4 Inst. 135. But the admiralty has jurisdiction, where the common law can give no remedy; and therefore of all maritime causes, or causes arising wholly upon the sea, it hath cognizance. 1 Com. Dig. The admiralty hath jurisdiction in cases of freight, mariners' wages, breach of charter-parties, though made within the realm; if a penalty be not demanded : and likewise in case of building, mending, saving, and victualling ships, so as the suit be against the ship, and not against the parties only. 2 Co. 216. Mariners' wages are contracted on the credit of the ship, and they may all join in suits in the admiralty; whereas at common law they must all sever: the master of a ship contracts on the credit of the owners, and not of the ship; and therefore he cannot prosecute in the admiralty for his It is allowed by the comwages. 1 Salk. 33. mon lawyers and civilians, that the lord admiral hath cognisance of seamens' wages, and contracts and debts for making ships; also of things done in navigable rivers, concerning damage done to persons, ships, goods, annoyances of free passage, &c. And of contracts, and other things done beyond sea, relating to navigation and trade by sea. Wood's Inst. 218. But if a contract be made beyond sea, for doing of an act or payment of money within this kingdom; or the contract is upon the sea, and shall be tried by a not for a marine cause, jury; for where part belongs to the common law, and part to the admiral, the common law shall be preferred. And contracts made beyond sea may be tried in B. R. and a fact be laid to be done in any place in England, and so tried here. 2 Bulstr. 322. Where a contract is made in England, and there is a conversion beyond sea, the party may sue in the admiralty, or at common law. 4 Leon. 257. An obligation made at sea, cannot be sued in the admiral's court; because it takes its course, and binds according to the common law. Hob. 12. But if a ship is taken by pirates upon the sea, and the master, to redeem the ship, contracts with the pirates to pay them 501, which he does by money borrowed, and on bond, he may sue in the admiralty for the 501. because the original cause rose upon the sea, and what followeth was but consequential. Hard. 183. If goods delivered on shipboard are imbezzled, all the mariners ought to contribute to the satisfaction of the party, that lost his goods, by the maritime law, and the cause is to be tried in the admiralty. 1 Lill. 368. By the custom of the admiralty, goods may be attached in the hands of a third person, in cansa maritima & civili, and they shall be delivered to the plaintiff after defaults, on caution to restore them, if the debt, &c. be disproved in a year and a day; and if the party refuse to deliver them, he may be imprisoned guisque, &c. March Rep. 204. The court of admiralty may cause a party to enter into bond in nature of caution or stipulation, like bail at common law; and if he render his body, the sureties are discharged; and execution shall be of the goods, or of the body, &c. not of the lands. Godb. 260. 1 Shep. Abr. 129. 1 Salk. 33. T. Rag. 78. 2 Lord Ray. 1286. Fitzg. 197. The admiraity court may award execution upon land; though not hold plea of any thing arising on land. 4 Inst. 141. And upon letters missive or request, the admiralty bere may award execution on a judgment given beyond sea, where an Englishman flies or comes over hither, by imprisonment of the party, who shall not be delivered by the common law. 1 Roll. Abr. 530. When sentence is given in a foreign admiralty, the party may libel for execution of that sentence here; because all courts of admiralty in Europe are governed by the civil law. Sid. 418. Sentences of any admiralty in another kingdom are to be credited, that ours may be credited there, and shall not be examined at law here; but the king may be petitioned, who may cause the complaint to be examined; and, if be finds just cause, may send to his embassador where the sentence was given, to demand redress; and, upon failure thereof, will grant letters of marque and reprisal. Rayın. 473. If one is sued in the admiralty, contrary to the statutes 13 R. 2. st. 1. c. 5. & 15 R. 2. c. S. he may have a supersedeas, to cause the judge to stay the proceedings, and also have action against the party suing. 10 Rep. 75. A ship being privately arrested by admiralty process only, and no suit, it was adjudged a prosecution within the meaning of the statutes; and double damages, recovered. 1 Salk. 31, 32. And if an erroneous judgment is given in the admiralty, appeal may be bad, to delegates appointed by commission, out of chancery, whose sentence shall be final. Stat. 8 Eliz. cap. 5. Appeals may be brought from the inferior admiralty courts to the lord high admiral: but the lord warden of the cinque ports hath jurisdiction of admiralty exempt from the admiralty of England. A writ of error doth not lie upon a sentence in the admiralty, but an appeal. 4 Inst. 135. 339. ADMISSION of a clerk, (admissiv) is when a patron of a church having presented to it, the bishop upon examination admits the clerk, by saying admitto te habilem. Co. L. 344. a. It is properly the ordinary's declaration that he approves of the presentee, to serve the cure of the church to which he is presented. Co. L. 344. a. All persons are to have episcopal ordination before they are admitted to any parsonage or benefice; and if any shall presume to be admitted, not having such ordination, &c. he shall forfeit 1001. Stat. 13 & 14 Car. 2. c. 4. No person is to be admitted into a benefice with cure of 301. per ann. in the king's books, unless he is a bachelor of divinity at least, or a preacher lawfully allowed by some bishop, &c. Action of the case will not lie against the bishop, if he refuse to admit a clerk to be qualified according to the canons (as for any crime or impediment, illiterature, &c.) but the remedy is by writ quare non admisil, or admittendum clericum brought in that county where the refusal was. 7 Rep. 3. ADMITTENDO CLERICO, is a writ granted to him who has recovered his right of presentation against the bishop in the common pleas, to admit his clerk. Reg. 33. a. Cowel. Blount. ADMITTENDO IN SOCIUM, a writ for associating certain persons to justices of assize. Reg. Orig. 206. And knights and other gentlemen of the county are at this day usually associated with judges in holding their assizes on the circuits. ADNICHILED, signifies annulled, cancelled, or made void. Stat. 28 Hen. 8. Cowel. Blount. ADQUIETO, the same as acquietare, that is, to pay. Blount. AD QUOD DAMNUM, is a writ which ought to be issued before the king grants certain liberties, as a fair, market, &c. which may be prejudicial to others: it is directed to the sheriff to inquire what damage it may do, for the king to grant a market, fair, &c. Terms de Ley 25. Blount. The writ ad quod damnum is also had for the turning and changing of ancient highways; which may not be done without the king's licence obtained by this writ, on inquisition found, that such a change will not be detrimental to the public. Vaugh. 541. Ways turned without this authority are not esteemed highways, so as to oblige the inha bitants of the hundred to make amends for robberies; nor have the subjects an interest therein to justify going there. 3 Cro. 267. The river Thames is an highway, and cannot be diverted without an ad quod damnum, |