ADM 



the (herifF, what and how many cattle each commoner ia 

 entitled to feed: and the rulefortlusadrneafurcmcntis gene- 

 l-ally underftood to be, that the commoner fhall not turn 

 more cattle upon the cop-iPiun, than are I'ufficieut to manure 

 and ftock the laiid to which his right of common ih annexed. 

 If, after the adjneaf.irjrnent has afcertained the right, the 

 fame defendant furcharges the common again, the plaintiff 

 may have a writ oi fccoiu! j'urcljar^ie, Blackll. Com. vol. iii. 

 p. 238. Svo. 



ADMETE, one of the nymphs called Oceanides. 

 ADMINiCI^E, or AdminiC'Jlk, xVdminiculum, a 

 term, ufed in fome ancient ftafutes, for aid, help, or fup- 

 port. Stat. I Edvv. IV. cap. i. 



In Scots \i\w, this term fignifies any writing or deed re- 

 ferred to by a party, in an aition ot law, for proving his 

 alle*-Tat!0'"ts. 



ADMINICULATOR, in Erchfuijlkd fVriters, d<inoUs 

 an ancient officer of the church, whofe bufiuefs was to de- 

 fend the caufe of widows, or])hans, or otliers dellitute of 

 help. The adminiculator is the fame with what isotherwife 

 called ADiocATE of the poor. Du Cange. 



ADMINICUI.es, Rmong Anlir^iaiies, are applied to 

 the attributes or ornaments wherewith Juno and fome other 

 figures are rcprefented on medals. 



ADMINICULUJVI, in the Yvench Jurifpnidencc, fig- 

 nifies the beginning of a proof; an imperfect proof ; or a 

 circumilance or conjetlure, tending to fonii or fortify a 

 proof. 



ADMINISTRATION imports the government or di- 

 rection of affairs ; and particularly the exercife of dillilbu- 

 tive juilice. 



The t^vo criterions of a good acJmin'Jiral'ion in England, 

 according to Trenchard, aie, the keeping the nation out 

 of foreign broils, and paving off the public debts ; the lat- 

 ter of which depends on the former. 



Adminmstration, in the Englifh Lnnv, fignifies the 

 aft or office of an adminiflralor, in managing and uilpofing 

 of a man's goods, or eftate, that died inteftate, or without 

 any will ; with an intent to give an account thereof. In 

 this cafe, inftruments, or powers, called letters of admhuj- 

 triit':oii, are taken out in the pi-erogative court. 



Thefe letters mull be granted by the ordinary in purfu- 

 ance of the ilatutes 31 Edw. III. c. 11. and 21 Hen. 

 VIII. c. 5. I. to the hufband, or his reprefentatives, of 

 the wife's goods and chattels; 2. to the wife, of the huf- 

 band's goods and chattels; 3. if there be no hufband orv.'ife, 

 to the children, fons or daughters ; 4. if there be no chil- 

 dren alive, to the father orniolher ; 5. then to a brother or 

 filler of the whole blood, or of the half blood (who, for 

 this pu'pofe, arc of equal degree with the whole blood) ; 

 6. and if there be none fuch, to the next of kin, as grand- 

 father, uncle, nephew or coufin, snd the females of each 

 clafs refpeciivtly ; but of pcrfons in equal degree, the or- 

 <linai"y niay take which he pleafes, and the nearnefs of degree 

 Oiall be thus reckoned according to the computation of the 

 civilians, and not of the canonills ; 7. then, if none of the 

 kindred t;'ke cut adminillration, to a creditor of the de- 

 ctafed ; 8. if the executor refufes or dies inteftate, to the 

 reliduary legatee, in exclufion of the next of kin ; 9. and 

 for want of all thefe, to any other perfon, at the difcretion 

 of the ordinary ; or the ordinary may grant to a ilrangcr 

 ktters ad colligendum lona dcfunlii, to gather up the goods 

 of the deceafed ; or may take them into his own hands to 

 pay the deceafcd's debts, in fuch order as an executor or 

 adminiftrator ought to pay them. But it is faid he or the 

 ftranger, who hath letters ad colligendum, cannot fell them, 

 w.ithout making themfelves exetutors of their own wrong, 



A D M 



and action lies only againil the ordinary, &c. Wood's 

 lull. 333. 



By Hat. 2 1 Hen. VIII. widows, and next of kin, arc to 

 be appointed adniiniiirators, and a mother is to have admi- 

 nillration of goods of a child, before a brother or filUr, &.C. 

 But an adminillration may be granted to the father before 

 the widow ; and a reliduiiy legatee ought to be preferred 

 before tlie v.'idow, in an adminillration cum l<Jhinunto annexe. 

 3 Salk. 21. 



On granting adininiflrafion, bonds with furetics are to be 

 taken for the adniinlllrator, to make and exhibit an inven- 

 tory of the good;! of tlie deceafed, to render a jull account 

 tlienol, and to make a dlllribution of the furplulage after 

 the debts paid, according to law, &c. Slat. 22 and 23 

 Car. 11. cap. !o. SecAuMisisTRATOR, Executor, In-- 

 TESTATE, Kindred. 



Administration is fometimos alfo ufed for tlie direction 

 of the affairs of a minor, a pupil, a lunatic, or the like. 



Administration is alfo uled in refpett of ecclefiallical 

 functions. — The parfon has the adminillration of tlie facra- 

 ments in his paridi. — Adminillration of the eiicliarill ii pro- 

 hibited to perlons cxcommunieate. 



In beneficiary matters they dillingulfh two hind^of admi- 

 niilration; lempora!, which relates to the temporalities of a 

 benefice, diocefe, &c. and fpintiiul, to which belong the 

 power of excoinmnnieating, £<c. 



Administration, in /Inalumy, is ufed for the manner 

 of difTeCling the parts of tlie body, particularly tlie mus- 

 cles. In wliich fenfc, adminillration is fynonymout! with • 

 cacheircjls, exu.ife, &c. 



Anatomical admlnlHrations are not to be learned by oral 

 precept, but require ocular iufpec'uon. — Galen, Harvey, 

 and others, have dilcourfcs exprefj under the title ol tiie. 

 anatomical adminiitrations. 



Administration, in Commerce, is alfo ufed for a Spa- 

 nifli Ihiple at Callao in Peru, a fmall town on the coalls of> 

 the South Sea, which is the port of Lima; where all fliips, 

 allowed to trade on the coaft, arc obliged to unload their 

 European goods, and pay certain duties: i.e. l^ per cirit.. 

 of tlie piece for which they are fold, if the cargo be entire, 

 and if otherwife 16 per cent, befides which, they pay three 

 per 1000 duty, fur confullhip, and fume other fmall royal 

 rights and claims. 



ADMINISTRATOR, in Law, he to whom the ordi-- 

 nary commits the adminiflration of the goods of a peifon de- 

 ceafed, in default of an executor. 



An aft'ou lies for or againil an adminifli-ator, as for or 

 againil an executor ; and he fhall be accountable to the va- 

 lue of the goods of the deceafed, and no fai-thei' :->— unlefs 

 there be walte, or other abufe chargeable on him. If the 

 adniinillrator die, his executors are not adminillrators ; but 

 the court is to grant a new adminilii-atlou. — if a ftrangci,. 

 who is neither adr,i:ni{lr;:tor, nor executor, take the goods 

 of the deceafed, and adminiller, he (liall be charged, and 

 fued as an executor, not as an adminiflrator. 



The origin of adminiftrators is derived fnim the civil law. 

 By the old law, the king was intitlcd to feize U)ion the 

 goods of an inteftate, as the/>(7rfKj/.';/;v<e-andgeniral trufteCv 

 of the kingdom. This prerogative the king continued to 

 exercife for fome time, by his o\vn niiniilers of juftice, pro- 

 bably in the county court ; and it was gianted as a fraiichife 

 to many lords of manors, and others, who have to this day 

 a prefcriptive right to grant adminiflration to their inteftate 

 tenants and fuitors, in their own courts baron, and other 

 courts, or to have their wills there proved, in cafe they 

 made any difpofition. Afterwards the crown, in favour of 

 the church, iuveftidthe prelates with this brancii of the 



prerogative i ■ 



