surcharge the common with more cattle than they ought. Regist. 171 a. F. N. 143.

ADMINISTRATOR, is a person to whose charge is committed, by the ecclesiastical court, the personal property of a person dying intestate, for which he is accountable when thereunto required. See Executor.

ADMIRAL, an officer or magistrate of high authority, having the government of the royal navy, and in his court, the determination of all causes belonging to the sea, and offences committed thereon. This office is now usually exercised by commissioners, who, by stat. 2. W. & M. c. 2. are declared to have the same authorities, jurisdictions, and power, as the lord high admiral.

ADMIRALTY. The admiralty, and admirals of England, had formerly jurisdiction in all causes of merchants and mariners, both civil and criminal; not only on the main sea, but in all foreign parts, within and without the king's dominions; but by 28 Hen. 7. c. 15. all felonies committed on the sea, shall be tried by commissioners nominated by the lord chancellor.

Civil Jurisdiction of the court. The proceedings are according to the method of the ecclesiastical court, and held at the same place. It is no court of record; and an appeal from its decision lies to the court of delegates. From the sentence of an inferior court of admiralty, an appeal lies to the court of the lord high admiral.

Criminal Jurisdiction. The judge of the admiralty presides in this court, as the deputy of the lord high admiral: and the court may be held in any place. Of the commissioners nominated by the lord chancellor, two common law judges are constantly appointed; and although the judges try the prisoner, yet the judge of the admiralty always presides.

ADMISSION to a benefice, is, when the bishop upon examination, approves of the person presented, as a fit person to serve the cure of the church to which he is appointed.

ADMITTANCE, is the giving possession of a copyhold estate, as livery of seisin is of a freehold. It is of three kinds, upon a voluntary grant by the lord-upou surrender by the former tenant-and admittance by descent. See Copyhold.

AD QUOD DAMNUM, a writ issuing out of and returnable into the chancery, directed to the sheriff, to enquire by a jury, what damage it will be to the king, or any other, to grant a liberty, fair, market, highway, or the like.

ADULTERY, is the sin of incontinence between two married persons; and if only one of the persons be married, it is called single adultery, to distinguish it from the other, which is double. It is

A

an additional aggravation to the crime of adultery in a woman, that
it not only entails a spurious race on the husband, for whom he is
obliged to provide ; but also destroys that peace and mutual endear-
ment, which ought always to subsist in the marriage state. This
crime was severely punished by the ancient law of the land, but the
present proceedings against adulterers, are chiefly in the ecclesias-
tical courts. The most lucrative method, however, of pursuing the
adulterer, seems to be to institute an action against him in one of his
Majesty's courts at Westminster, by the husband of the adulteress,
for seducing and debauching his wife.

ADVERTISEMENTS: see Stamps.

ADVOCATE, the patron of a cause, who assists his client with advice, and pleads for him. An advocate, in the ecclesiastical law, is the same as a counsellor at common law. As to the admission of advocates, see Stamps (infra).

ADVOW, or AVOW, to justify or maintain an act formerly done. As if one take a distress for rent, or other thing, and he that is distrained sues a replevin; he that took the distress, by maintaining the act, is said to avow.

ADVOWEE, he that hath the right to present to a benefice.

ADVOWSON, is the right of presentation to a benefice. AdNowsons are either appendant, or in gross. Lords of manors being originally the only founders, and consequently the only patrons of the churches; the right of patronage, or presentation, so long as it continues annexed to the possession of the manor, is called an adTowson appendant; and it will pass or be conveyed, together with the manor, as incident and appendant thereunto, by a grant of the manor only. But where the property of the advowson, hath been once separated from the property of the manor, by legal conveyance, it is called an advowson in gross, and it never can be appendant any more.

Advowsons are also either presentative, collative, or donative. Presentative, where the patron hath a right of presentation to the bishop, or ordinary; collative, where the bishop is the patron; and donative, when the king, or any subject by his licence, founds a church or chapel, and ordains that it shall be merely in the gift of the patron. See Lapse, Presentation.

Advowson of religious houses, those who founded any house of religion had thereby the advowson or patronage of it.

AFFEERERS, such as are appointed in courts-leet upon oath, to
set fines on such as have committed faults.

. AFFIDAVIT, is an oath in writing, sworn before some person
legally authorised to administer the same: the true place of abode,

and addition of the person making such affidavit, is to be inserted therein; it should set forth the matter of fact only, and not the merits of the cause, of which the court is to judge; it must also set forth the matter positively, and all material circumstances attending it, and be absolute, and not couched in words of reference; except in the case of assignees, executors, &c. who may swear to their belief of the matter.-By the 16 & 17 Car. 2. c. 9. and the 4 Geo. 3. c. 21. the chancellors of the Dutchy of Lancaster and of the County Palatine of Durham, are empowered to grant commissions to take affidavits there: and the person receiving such affidavits shall take one shilling for so doing.-By 29 Car. 2. affidavits in the courts at Westminster may be taken before commissioners appointed by the Ld. Ch. Justice, or other judges; or, during the circuit, before a judge of assize; and the fee for such affidavit is one shilling.

AFFIRM, to ratify or confirm a former law or judgment. AFFIRMATION; an indulgence allowed by law to the people called Quakers, who, in cases where an oath is required from others, may make a solemn affirmation that what they say is true. But their affirmation is confined to civil cases, and is not allowed in any criminal cause. 22 Geo. 2. c. 46. s. 37.

AFFOREST, to turn ground into a forest.

AFFRAY, is a public fighting (if it be in private it is no affray, but an assault), and is a public offence to the terror of the king's subjects. All affrays in general, are punishable with fine and imprisonment. 1 Haw. 138, and a constable is not only empowered to part an affray in his presence, but can justify commitment till the of fenders find sureties for the peace. Cro. Eliz. 375.

AGE, in the law, is used for those special times, which enable persons, of both sexes, to do certain acts, which before, through want of years and judgment, they are prohibited to do. A man, at twelve years of age, ought to take the oath of allegiance to the king; at fourteen, which is his age of discretion, he may consent to marriage, and choose his guardian, and is also competent to be a witness; at twenty-one he may alienate his lands, goods, and chattels. No one may be a member of parliament under the age of twenty-ons years; nor can any one be ordained a priest until twenty-four, nor be a bishop until thirty years of age. A woman, at nine years of age, is dowable, at twelve she may consent to marriage; at fourteen she is at years of discretion, and may choose a guardian; and at twenty-one may alienate her lands, &c. k Inst. 78.

AGENT, a person appointed to transact the business of another It is a principle of law, that whenever a man has a power, as owner, to do a thing, he may, as consistent with this right, do it by

deputy, either as attorney, agent, factor or servant. It has been asserted, that agents should be appointed by a formal power of attorney; but this is not necessary; for the authority of an agent to draw, indorse, and accept bills in the name of his principal, is usually in words. 7 T. R. 209. 12 Mod. 604.

If a person be appointed a general agent, the principal is bound by all his acts. But an agent, specially appointed, cannot bind his principal by an act whereby he exceeds his authority. 5 T. R. 751.

AGENT AND PATIENT, is the person who is the doer of a thing, and the party to whom done; thus, if a man be indebted to another, and afterwards make the creditor his executor, and die, the executor, by retaining so much of the goods of the deceased as will satisfy his debt, is both agent and patient. But a man shall not be

the judge of his own cause. 8 Rep. 138.

AGE-PRIER, is where an action is brought against one under age, for lands which he hath by descent, who by petition or motion shews the matter to the court, and prays that the action may stay till his full age, which the court generally agrees to.

AGILD, free from penalties, not subject to the customary fine or imposition.

AGISTMENT, is where other men's cattle are taken into any ground, at a certain rate for their feeding. There is also an agistment of sea banks, where lands are charged with a tribute to keep out the sea.

AGNUS DEI, a piece of white wax, stamped with the figure of a lamb, and consecrated by the pope: but not permitted to be brought into this kingdom, on pain of a præmunire. 13 Eliz, c. 2.

AGREEMENT, is a memorandum, article, or minute, importing the consent or concurrence of two or more persons; the one in disposing of, and the other in receiving some property, right, or benefit, and is generally made preparatory to a more formal instrument of conveyance. The requisites of an agreement are, parties capable of contracting; and a property, right, or benefit, capable of being contracted for. Every agreement ought to be perfect, full, and complete, so as to shew with precision, what is intended to be stipulated between the parties, and should also make express provision against the possibility of failure in any of the contracting parties.

In many cases, the party injured by breach of an agreement, may have a remedy, either at common law, or in a court of equity. But wherever the matter of the bill is merely in damages, there the remedy is at law, because the damages cannot be ascertained by the

conscience of the chancellor, and therefore must be settled by a jury. Abr. Eq. 16.

Although it is prudent that both parties should actually sign the agreement, it will be binding, notwithstanding the statute of frauds, if it be signed by one party only; provided the other party be so circumstanced, that he can have an adequate remedy thereupon. 1 Doug. 296.---See Stamps.

AID-PRAYER, a term used in pleading, for a petition in court to call in help from another person, that hath an interest in the thing contested.

ALBA FIRMA, a white rent paid in silver, in distinction from that paid in corn, &c.

ALDERMAN, a magistrate subordinate to a mayor of a city or town corporate. This office is for life, so that when one of them dies, or resigns, a ward-mote is called, which returns the person they have chosen to the court of aldermen, who are obliged to admit him to supply the vacancy. All the aldermen of London, &c. are justices of peace, by charter of 15 Geo. 2. and are exempt from serving inferior offices; nor shall they be put upon assizes, or serve on juries, so long as they continue such. Cro. Jac. 585.

ALE-HOUSES. Every inn is not an ale-house, nor is every alehouse an inn: but if an innkeeper uses the common selling of alej his inn then becomes an ale-house. So if an ale-houses lodges AND entertains travellers, it also is an inn. 1 Burn's Just. 35. any person may erect an inn, to lodge travellers, without any license or allowance for such erection: ibid.

1

In order to prevent disorders in ale-houses, the legislature has passed a variety of wholesome provisions, which we shall now give, in the order of time when they were severally made, viz.

By the 5 Edw. 6. no person shall keep an ale-house unless he be licensed in sessions; or by two justices (one of the quorum) on pain of three days imprisonment, and a fine to be imposed by the quarter sessions. The justices have power to put them down, and to take recognizances for keeping good order; but this act shall not restrain the selling of malt liquors in fairs.-1 Jac. 1. c. 9. alehouse-keepers permitting townsmen to sit tippling, are liable to ten shillings penalty, and on non-payment to be imprisoned till paid; and persons tippling therein, are to forfeit three shillings and fourpence, or sit in the stocks four hours. (It is much to be regretted that this act is not more rigorously enforced than it now is).-4 Jac. 1. c. 4. selling ale to an unlicensed alehouse-keeper, except for his own private use, incurs a penalty of six shillings and eight-pence for every barrel, to be recovered at the quarter sessions.-4 Jac. 1. c. 5. persons convict