Co-administrators, in general, must be joined in suing and in being sued; but, like executors, the acts of each, in the delivery, gift, sale, payment, possession, or release of the intestate's goods, are the acts of all, for they have joint power; Bacon, Abr. Ex. C, 4; 11 Viner, Abr. 358; Comyns, Dig. Administration (B, 12); 1 Dane, Abr. 383; 2 Litt. (Ky.) 315; 56 Ala. 173. If one is removed by death, or otherwise, the whole authority is vested in the survivors; 6 Yerk. 167; 5 Gray, 341; 29 Penn. St. 265. Each is liable only for the assets which have come to his own hands, and is not liable for the torts of others except when guilty of negligence or connivance; 1 Strange, 20; 2 Ves. 267; 8 Watts & S. 143; 8 Ga. 388; 5 Conn. 19; 24 Penn. St. 413; 4 Wash. C. C. 186; 3 Sandf. Ch. 99; 3 Rich, Eq. (So. C.) 132. As to the several powers of each, see 10 Ired. 263; Paige, Ch. 52; 35 Me. 279; 4 Ired. 271; 28 Penn. 471; 20 Barb. 91; 16 Ill. 329. The duty of an administrator is in general to do the things set forth in his bond; and for this he is generally obliged to give security; Williams, Ex. 439, Am. notes; 4 Yerg. 20; 5 Gray, 67. He must publish a notice of his appointment, as the law directs. Usually he must render an inventory. In practice, book accounts and unliquidated damages are not inventoried, but debts evidenced by mercantile paper, bonds, notes, etc., are; 1 Stockt. 572; 23 Penn. 223. He must collect the outstanding claims and convert property into money; Kent, 415; 18 Miss. 404; Taml. 279; 1 Mylne & C. 8; 6 Gill & J. 171; 4 Edw. Ch. 718; 4 Fla. 112; 20 Barb. 100; 25 Miss. 422; 57 Ind. 198; 82 Penn. 193. As to what constitutes assets, see ASSETS. For this purpose he acquires a property in the assets of the intestate. His right is not a personal one, but an incident to his office; 9 Mass. 74, 352; 16 N. Y. 278. He owns all his intestate's personal property from the day of death, and for any cause of action accruing after that day may sue in his own name; Williams, Ex. 747; 4 Hill (N. Y.), 57; 17 Vt. 176; 4 Mich. 170, 132; 26 Mo. 76. This happens by relation to the day of death; 12 Metc. 425; 7 Jur. 492; 18 Ark. 424; 34 N. H. 407. An administrator is a trustee, who holds the legal property but not the equitable. If he is a debtor to the estate, and denies the debt, he may be removed; but if he inventories it, it is cancelled by the giving of his bond; 11 Mass. 268. He may declare, as administrator, wherever the money when received will be assets; and he may sue on a judgment once obtained, as if the debt were his own. He may summon supposed debtors or holders of his intestate's property to account, and has the right to an investigation in equity. In equity he may recover fraudulently-conveyed real estate, for the benefit of creditors. He may also bind the estate by arbitration; 4 Harr. (N. J.) 457; 35 Me. 357; 38 Penn. St. 239. He ADMINISTRATOR may assign notes, etc. See 35 N. H. 421; 28 Vt. 661; 2 Stockt. 320; 29 Miss. 70; 3 Ind. 369; 18 Ill. 116; 28 Penn. St. 459; 2 Patt. & H. Va. 462; 1 Sandf. N. Y. 132. Nearly all debts and actions survive to the administrator. But he has no power over the firm's assets, when his intestate is a partner, until the debts are paid; 1 Bradf. 24, 165. He must pay the intestate's debts in the order prescribed by law. There is no universal order of payment adopted in the United States; but debts of the last sickness and the funeral are preferred debts everywhere; Bacon, Abr. Ex. L, 2; Williams, Ex. 679, 1213; 2 Kent, 416; 4 Leigh, 35; 10 B. Monr. 147; 7 Ired. Eq. 62; 23 Miss. 228; 28 N. J. Eq. 327. Next to these, as a general rule, debts due the state or the United States are privileged. This priority of the United States only extends to the net proceeds of the property of the deceased, and therefore the necessary expenses of the administration are first paid. The act of burial and its accompaniments may be done by third parties, who have a preferred claim therefor, if reasonable; 3 Nev. & M. 512; 8 Ad. & E. 348; 4 Sawyer, 199. But the amount is often disputed; 1 B. & Ad. 260; R. M. Charlt. 56. If the administrator pays debts of a lower degree first, he will be liable out of his own estate in case of a deficiency of assets; 2 Kent, 419. The statute prescribes a fixed time within which the administrator must ascertain the solvency of the estate. During this time he cannot be sued, unless he waives the right; 2 Nott & M'C. 259; 2 Duer, 160; 6 McLean, C. C. 443. And if the commissioner deems the estate insolvent, parties dissatisfied may resort to a court and jury. If the administrator makes payments erroneously, supposing the estate to be solvent, he may recover them, it being a mistake of facts; 3 Pick. 261; 2 Gratt. 319. In some states, debts cannot be brought in before due, if the estate is solvent. 3 The administrator may plead the statute of limitations, but he is not bound to, if satisfied that the debt is just; 15 S. & R. 231; 1 Atk. 526; 9 Dowl. & R. 40; 11 N. H. 208, Metc. Mass. 369; 9 Mo. 262; 28 Ala. N. 8. 484; 10 Md. 242; 23 Penn. 95 8 How. 402; 10 Humphr. 301; 4 Fla. 481. He is, in some states, chargeable with interest, first, when he receives it upon assets put out at interest; second, when he uses them himself; third, when he has large debts paid him which he ought to have put out at interest; 5 N. H. 497; 1 Pick. 530; 13 Mass. 232. In some cases of need, as to relieve an estate from sale by the mortgagee, he may lend the estate-money and charge interest thereon; 10 Pick. 77. The widow's support is usually decreed by the judge. But the administrator is not liable for the education of infant children, or for mourning-apparel for relatives and friends of the deceased; 11 Paige, Ch. 265; 11 S. & R. 16. He must distribute the residue amongst ADMINISTRATOR those entitled to it, under direction of the court and according to law; 6 Ired. 4; 86 Penn. 149, 363; 3 Redf. 461. 121 The great rule is, that personal property is regulated by the law of the domicil. The rights of the distributees vest as soon as the intestate dies, but cannot be sued for till the lapse of the statute period of distribution. See 118th Novel of Justinian, Cooper's trans. 393; 2 P. Will. 447; 2 Story, Eq. Jur. § 1205; 20 Pick. 670; 12 Cush. 282; 31 Miss. 556. See DISTRIBUTION; CONFLICT OF LAWS. The liability of an administrator is in general measured by the amount of assets. On his contracts he may render himself liable personally, or as administrator merely, according to the terms of the contract which he makes; 7 Taunt. 581; 7 B. & C. 450. But to make him liable personally for contracts about the estate, a valid consideration must be shown; Yelv. 11; 3 Sim. 543; 2 Brod. & B. 460. And, in general, assets or forbearance will form the only consideration; 5 Mylne & C. 71; 9 Wend. 273; 13 id. 557. But a bond of itself imports consideration; and hence a bond given by administrators to submit to arbitration is binding upon them personally; 8 Johns. 120; 22 Miss. 161. In general, he is not liable when he has acted in good faith, and with that degree of caution which prudent men exhibit in the conduct of their own affairs; 2 Ashm. 437. ADMIRALTY part of it, when sold by a common auctioneer to pay debts; but he may when the auctioneer is a state officer, and the sale public and bona fide; 2 Patt. & H. 71; 9 Mass. 75; 4 Ind. 355; 6 Ohio St. 189. ADMIRAL (Fr. amiral). A high officer or magistrate that hath the government of the king's navy, and the hearing of all causes belonging to the sea; Cowel. See ADMIRALTY. By statute of July 25, 1866, the active lists of line-officers of the navy of the United States were divided into ten grades, of which the highest is By statute of Jan. 24, 1873, these grades will that of admiral, and the next that of vice-admiral. cease to exist when the offices become vacant, and the highest rank will then be rear-admiral. ADMIRALTY. A court which has a very extensive jurisdiction of maritime causes, civil and criminal. of which had at that time been discovered at On the revival of commerce after the fall of the Western empire, and the conquest and settlement by the barbarians, it became necessary that some and decide causes that arose out of maritime tribunal should be established that might hear commerce. The rude courts established by the conquerors had properly jurisdiction of controversies that arose on land, and of matters pertaining to land, that being at the time the only property that was considered of value. To supply this want, which was felt by merchants, and not by the government or the people at large, on the coast of Italy and the northern shores of the Mediterranean, a court of consuls was established in each of the principal maritime cities. ConAn administrator is liable for torts and for temporaneously with the establishment of these gross negligence in managing his intestate's courts grew up the customs of the sea, partly property. This species of misconduct is borrowed, perhaps, from the Roman law, a copy called in law a devastavit; 2 Williams, Ex. Amalfi, but more out of the usage of trade and 1529; 4 Hayw. 134; 1 Dev. Eq. 516. Such the practice of the sea. These were collected is negligence in collecting notes or debts; 2 from time to time, embodied in the form of a code, Green. Ch. 300; an unnecessary sale of prop- and published under the name of the Consolato erty at a discount; 8 Gratt. 140; paying un- del Mare. The first collection of these customs due funeral expenses; 1 B. & Ad. 260; 2 the earliest authentic evidence we have of their is said to be as early as the eleventh century; but Carr. & P. 207; and the like mismanage-existence is their publication, in 1266, by Alments. So he may be liable for not laying out assets for the benefit of the estate, or for turning the money to his own profit or advantage. In such cases he is answerable for both principal and interest. In England he may be charged with increased interest for money withheld by fraud; 2 Cox, Ch. 113; 4 Ves. 620; and he is sometimes made chargeable with compound interest in this country; 10 Pick. 77. Finally, a refusal to account for funds, or an unreasonable delay in accounting, raises a presumption of a wrongful use of When this species of property came to be of them; 5 Dana, 70; 6 Gill & J. 186; Wil-sufficient importance, and especially when trade liams, Ex. 1567. phonso X., King of Castile; 1 Pardessus, Lois Maritimes, 201. On Christmas of each year, the principal merchants made choice of judges for the ensuing year, and at the same time of judges of appeal, and their courts had jurisdiction of all causes that arose out of the custom of the sea, that is, of all maritime causes whatever. Their judgments were carried into execution, under proper officers, on all movable property, ships as well as other goods, but an execution from these courts 1283, c. 1, §§ 22, 23. did not run against land; Ordonnance de Valentia, on the sea became gainful and the merchants began to grow rich, their jurisdiction in most maritime states was transferred to a court of admiralty; and this is the origin of admiralty jurisdiction. The admiral was originally more a military than a civil officer, for nations were then more warlike than commercial; Ordonnance de Louis XIV., liv. 1; 2 Brown, Civ. & Adm. Law, c. 1. The court had jurisdiction of all national affairs transacted at sea, and particu An administrator receives no compensation in England, 3 Mer. 24; but in this country he is paid in proportion to his services, and all reasonable expenses are allowed him; 84 Penn. 303. An administrator cannot pay himself. His compensation must be ordered by the court; 58 Ind. 374. If too small a compensation be awarded him, he may aplarly of prize; and to this was added jurisdiction peal; 1 Edw. Ch. 195; 4 Whart. 95; 11 Md. 415; 3 Cal. 287; 7 Ohio St. 143; 3 Redf. 465. He cannot buy the estate, or any of all controversies of a private character that grew out of maritime employment and commerce; and this, as nations grew more commer ADMIRALTY cial, became in the end its most important juris diction. The admiralty is, therefore, properly the successor of the consular courts, which were emphatically the courts of merchants and sea-going persons. The most trustworthy account of the jurisdiction thus transferred is given in the Ordonnance de Louis XIV., published in 1631. This was compiled under the inspiration of his great minister Colbert, by the most learned men of that age, from information drawn from every part of Europe, and was universally received at the time as an authoritative exposition of the common maritime law; Valin, Preface to his Commentaries; 3 Kent, 16. The changes made in the Code de Commerce and in the other maritime 122 codes of Europe are unimportant and inconsiderable. This ordinance describes the jurisdiction of the admiralty courts as embracing all maritime contracts and torts arising from the building, equipment, and repairing of vessels, their manning and victualling, the government of their crews and their employment, whether by charterparty or bill of lading, and from bottomry and insurance. This was the general jurisdiction of the admiralty: it took all the consular jurisdiction which was strictly of a maritime nature and related to the building and employment of ves sels at sea. In English Law. The court of the admiral. ADMIRALTY claims; 2 Hagg. Adm. 3; 3 C. Rob. Adm. 355; 1 W. Rob. Adm. 18. The criminal jurisdiction of the court has been transferred to the Central Criminal Court by the 4 & 5 Will. IV. c. 36. It extended to all crimes and offences committed on the high seas, or within the ebb and flow of the tide, and not within the body of a county. A conviction for manslaughter committed on a German vessel, by reason of negligent collision with an English vessel, within two and a half miles of the English coast, whereby a passenger on the English vessel was lost, is not within the jurisdiction of the English criminal courts; 46 L. J. M. C. 17. The first step in the process in a plenary action may be the arrest of the person of the defendant, or of the ship, vessel, or furniture; in which cases the defendant must find bail or fidejussors in the nature of bail, and the owner must give bonds or stipulations equal to the value of the vessel and her immediate earnings; or the first step may be a monition to the defendant. In 1840, the form of proceeding in this court was very considerably changed. The advocates, surrogates, and proctors of the Court of Arches were admitted to practice there; the proceedings generally This court was erected by Edward III. It was were assimilated to those of the common-law held by the Lord High Admiral, whence it was called the High Court of Admiralty, or before courts, particularly in respect of the power to his deputy, the Judge of the Admiralty, by which take viva voce evidence in open court; power latter officer it has for a long time been exclu- to compel the attendance of witnesses and the sively held. It sat as two courts, with separate production of papers; to ordering issues to be commissions, known as the Instance Court and the Prize Court, the former of which was com- tried in any of the courts of Nisi Prius, and monly intended by the term admiralty. At its allowing bills of exception on the trial of such origin the jurisdiction of this court was very ex-issues, and the grant of power to admiralty tensive, embracing all maritime matters. By the statutes 13 Rich. II. c. 5, and 15 Rich. II. c. 3, especially as explained by the common-law courts, their jurisdiction was much restricted. A violent and long-continued contest between the admiralty and common-law courts resulted in the establishment of the restriction, which continued until the statutes 3 & 4 Vict. c. 65, and 9 & 10 Vict. c. 99, materially enlarged its powers. See 2 Pars. Mar. Law, 479, n., 1 Kent, Lect. XVII.; 2 Gall. C. C. 398; 12 Wheat. 611; 1 Baldw. C. C. 544; Daveis, 93. This court was abolished by the Judicature Act of 1873, and its functions transferred to the High Court of Justice, the Probate, Divorce, and Admiralty Divisions. to direct a new trial of such issues; to make rules of court, and to commit for contempt. The judge may have the assistance of a jury, and in suits for collision he usually decides upon his own view of the facts and law, after having been assisted by, and hearing the opinion of, two or more Trinity brethren. A court of admiralty exists in Ireland; but the Scotch court was abolished by 1 Will. IV. c. 69. See VICE-ADMIRALTY COURTS. In American Law. A tribunal exercising jurisdiction over all maritime contracts, torts, injuries, or offences; 2 Pars. Mar. Law, 508. After a somewhat pro The court of original admiralty jurisdiction in the United States is the United States District Court. From this court causes may be removed, in certain cases, to the Circuit, and ultimately to tracted contest, the jurisdiction of admiralty has the Supreme, Court. been extended beyond that of the English admiralty court, and is said to be coequal with that of the English court as defined by the statutes of Rich. II., under the construction given them by courts of admiralty; 2 Pars. Mar. Law, 508. See the contemporaneous or immediately subsequent 2 Gall. C. C. 398; Daveis, 93; 3 Mas. C. C. 28; 1 Stor. C. C. 244; 2 id. 176; 12 Wheat. 611; 2 Cranch, 406; 4 id. 444; 3 Dall. 297; 6 How. 344; 17 id. 399, 477; 18 id. 267; 19 id. 82, 239; 20 id. 296, 583. The civil jurisdiction of the court extends to torts committed on the high seas, including personal batteries; 4 C. Rob. Adm. 73; collision of ships; Abbott, Shipp. 230; restitution of possession from a claimant withholding unlawfully; 2 B. & C. 244; 1 Hagg. 81, 240, 342; 2 Dods. Adm. 38; Edw. Adm. 242; 3 C. Rob. Adm. 93, 133, 213; 4 id. 275, 287; 5 id. 155; cases of piratical and illegal taking at sea and contracts of a maritime nature, including suits between part owners; 1 Hagg: 306; 3 id. 299; 1 Ld. Raym. 223; 2 id. 1235; 2 B. & C. 248; for mariners' and officers' wages; 2 Ventr. 181; 3 Mod. 379; 1 Ld. Raym. 632; 2 id. 1206; 2 Strange, 858, 937; 1 id. 707; pilotage; Abbott, Shipp. 198, 200; It extends to the navigable rivers of the bottomry and respondentia bonds; 6 Jur. United States, whether tidal or not, the lakes, 241; 3 Hagg. Adm. 66; 3 Term, 267; 2 Ld. and the waters connecting them; 4 Wall. 455, Raym. 982; Rep. temp. Holt, 48; and salvage | 411; 8 W. 15; 12 How. 443; 7 Wall. 624; ADMIRALTY 123 ADMISSIONS 11 id. 185; 16 id. 522; to a stream tributary or attachment of his property if he cannot be to the lakes, but lying entirely within one found, even though in the hands of third perstate; 1 Brow. Adm. 334; to a ferry-boat sons, or a simple monition to appear, may plying between opposite sides of the Missis-issue; or, in suits in rem, a warrant for the sippi River; 5 Biss. 200; to an artificial ship- arrest of the thing in question; or two or canal connecting navigable waters within the more of these separate processes may be comjurisdiction; 2 Hughes, 12; to the Welland bined. Thereupon bail or stipulations are canal; 1 Brown, Adm. 170; Newb. 101. taken if the party offer them. See as to Erie canal, 8 Ben. 150. The Judiciary Act of 1789 (R. S. § 563), while conferring admiralty jurisdiction upon the Federal courts, saves to suitors their common-law remedy, which has always existed for damages for collision at sea; 102 U. S. 118. Admiralty has jurisdiction of a libel by mariners for wages against a vessel plying on navigable waters, even though lying entirely within one state; 2 Am. L. Rev. 455; but see 3 id. 610, where all the cases on admiralty jurisdiction by reason of locality are fully treated. Its civil jurisdiction extends to cases of salvage; 2 Čranch, 240; 1 Pet. 511; 12 id. 72; 2 Low. 302; bonds of bottomry, respondentia, or hypothecation of ship and cargo; 1 Curt. C. C. 340; 3 Sumn. 228; 1 Wheat. 96; 4 Cranch, 328; 8 Pet. 538; 18 How. 63; seamen's wages; 1 Low. 203; 2 Pars. Mar. Law, 509; seizures under the laws of impost, navigation, or trade; 1 U. S. Stat. at Large, 76; 4 Biss. 156; 11 Blatch. 416; Chase, Dec. 503; 6 Biss. 505; cases of prize or ransom; 3 Dall. 6; charter-parties; 1 Sumn. 551; 2 id. 589; 2 Stor. C. C. 81; Ware, 149; contracts of affreightment between different states or foreign ports; 2 Curt. C. C. 271; 2 Low. 173; 2 Sumn. 567; Ware, 188, 263, 322; 6 How. 344; and upon a canal-boat without powers of propulsion, upon an artificial canal; 21 Int. Rev. Rec. 221; contracts for conveyance of passengers; 16 How. 469; 1 Blatchf. 560, 569; 1 Abbott, Adm. 48; 1 Newb. 494; contracts with material-men; 4 Wheat. 438; 6 Ben. 564; see 20 How. 393; 21 Bost. Law Rep. 601; jettisons, maritime contributions, and averages; 6 McLean, 573; 7 How. 729; 19 id. 162; 21 Bost. Law Rep. 87, 96; pilotage; 1 Mas. C. C. 508; 10 Pet. 108; 12 How. 299; see 2 Paine, C. C. 131; 9 Wheat. 1, 207; 13 Wall. 236; 1 Low. 177; 1 Sawy. 463; 5 Ben. 574; R. M. Charlt. 302, 314; 8 Metc. 332; 4 Bost. Law Rep. 20; contracts for wharfage; 95 U. S. 68; 5 Ben. 60, 74; 15 Blatch. 473; but not to injuries to wharves; 1 Brown, Adm. 356; contracts for towage; 5 Ben. 72; surveys of ship and cargo; Story, Const. § 1665; 5 Mas. 465; 10 Wheat. 411; but see 2 Pars. Mar. Law, 511, n.; and generally to all assaults and batteries, damages, and trespasses, occurring on the high seas; 2 Pars. Mar. Law; see 2 Sumn. 1; Chase, Dec. 145, 150; 5 Ben. 63. Its criminal jurisdiction extends to all crimes and offences committed on the high seas or beyond the jurisdiction of any country. See, as to jurisdiction generally, the article COURTS OF THE UNITED STATES. A civil suit is commenced by filing a libel, upon which a warrant for arrest of the person, In most cases of magnitude, oral evidence is not taken; but it may be taken, and it is the general custom to hear it in cases where smaller amounts are involved. The decrees are made by the court without the intervention of a jury. In criminal cases the proceedings are similar to those at common law. Consult the article COURTS OF THE UNITED STATES; Conkling; Dunlap, Adm. Prac.; Sergeant; Story, Const.; Abbott, Sh.; Parsons, Mar. Law; Kent; Flanders, Sh.; Kay, Sh.; and the following cases, viz.: 2 Gall. C. C. 398; 5 Mas. 465; Daveis, 93; 1 Baldw. 524; 4 How. 447; 6 id. 378; 12 id. 443; 20 id. 296, 393, 583; 21 id. 244, 248; 23 id. 209, 491. ADMISSION (Lat. ad, to, mittere, to send). In Practice. The act by which attorneys and counsellors become recognized as officers of the court and are allowed to practise. The qualifications required vary widely in the difRev. 295; also a learned report to Amer. ferent states. See an article in 15 Am. L Bar Asso. by Mr. Hunt, published in Rep. of 2d An: Meeting, 1879. The In Corporations or Companies. act of a 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 transfer, is in general entitled to, and cannot be refused, the rights and privileges of a member; 3 Mass. 364; Dougl. 524; 1 Mann. & R. 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. 318. ADMISSIONS. In Evidence. Concessions or voluntary acknowledgments made by a party of the existence or truth of certain facts. As distinguished from confessions, the term is applied to civil transactions, and to matters of fact in criminal cases where there is no criminal intent. See CONFESSIONS. As distinguished from consent, an admission may be said to be evidence furnished by the party's own act of his consent at a previous period. ADMISSIONS Direct, called also express, admissions are those which are made in direct terms. Implied admissions are those which result from some act or failure to act of the party. Incidental admissions are those made in some other connection, or involved in the admission of some other fact. As to the parties by whom admissions must have been made to be considered as evidence : They may be made by a party to the record, or by one identified in interest with him; 9 B. & C. 535; 7 Term, 563; 1 Dall. 65. Not, however, where the party of record is merely a nominal party and has no active interest in the suit; 1 Campb. 392; 2 id. 561; 2 Term, 763; 3 B. & C. 421; 5 Pet. 580; 5 Wheat. 277; 7 Mass. 131; 9 Ala. N. s. 791; 20 Johns. 142; 5 Gill & J. 134. the matter; 1 Esp. 142; 4 Campb. 92; 1 Carr. & P. 621; 7 Term, 112; and so the formal admissions of an attorney bind his client; 7 C. & P. 6; 1 Mees. & W. 508; and see 2 C. & K. 216; 3 C. B. 608. Implied admissions may result from assumed character; 1 B. & Ald. 677; 2 Campb. 513; from conduct; 2 Sim. & S. 600; 6 ̊C. & P. 241; 9 B. & C. 78; 9 Watts, 441; from acquiescence, which is positive in its nature; 1 Sumn. 314; 4 Fla. 340; 3 Mas. 81; 2 Vt. 276; from possession of documents in some cases; 5 C. & P. 75; 25 State Tr. 120. In civil matters, constraint will not avoid admissions, if imposition or fraud were not made use of. Admissions made in treating for an adjustment cannot be given in evidence; 33 Mo. 323; 117 Mass. 55; 13 Ga. 406; 40 N. Y. Sup. Ct. 8; whether made "without prejudice" or not; 2 Whart. Ev. § 1090; 15 Md. 510; but they may be as to independent facts; 117 Mass. 55; 44 N. H. 223. They may be made by one of several having a joint interest, so as to be binding upon all; 2 Bingh. 306; 8 id. 309; 8 B. & C. 36; 1 Stark. 488; 2 Pick. 581; 3 id. 291; 4 id. 382; 1 M'Cord, 541; 1 Johns. 3; 7 Wend. Judicial admissions; 1 Greenl. Ev. § 205; 441; 4 Conn. 336; 8 id. 268; 7 Me. 26; 52 Campb. 341; 5 Mass. 365; 5 Pick. 285, Gill & J. 144; 1 Gall. 635. Mere commu- those which have been acted on by others; 3 nity of interest, however, as in case of co-Rob. La. 243; 17 Conn. 355; 13 Jur. 253; executors; 1 Greenl. Ev. § 176; 4 Cowen, and in deeds as between parties and privies; 493; 16 Johns. 277; trustees, 3 Esp. 101; 4 Pet. 1; 6 id. 611; are conclusive evidence co-tenants; 4 Cowen, 483; 15 Conn. 1; is not against the party making them. sufficient. The interest in all cases must have subsisted at the time of making the admissions; 2 Stark. 41; 4 Conn. 544; 14 Mass. 245; 5 Johns. 412; 1 S. & R. 526; 9 id. 47; 12 id. 328. They may be made by any person interested in the subject-matter of the suit, though the suit be prosecuted in the name of another person as a cestui que trust; 1 Wils. 257; 1 Bingh. 45; but see 3 N. & P. 598; 6 M. & G. 261; or by an indemnifying creditor in an action against the sheriff; 7 C. & P. 629. 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; Gresley, Eq. Ev. c. 2, p. 38. Partial admissions are those which are delivered in terms of uncertainty, mixed up with explanatory or qualifying circumstances. They may be made by a third person, a In Pleading. The acknowledgment of stranger to the suit, where the issue is sub-recognition by one party of the truth of some stantially upon the rights of such a person at matter alleged by the opposite party. a particular time; 1 Greenl. Ev. § 181; 2 IN EQUITY. Stark. 42; or who has been expressly referred to for information; 1 Campb. 366, n.; 3 C. & P. 532; or where there is a privity as between ancestor and heir; 5 B. & Ad. 223; 1 Bingh. N. c. 430; assignor and assignee; 54 Taunt. 16; 2 Pick. 536; 2 Me. 242; 10 id. 244; 3 Rawle, 437; 2 M'Cord, 241; 17 Conn. 399; intestate and administrator; 3 Bingh. N. c. 291; 1 Taunt. 141; grantor and grantee of land; 4 Johns. 230; 7 Conn. 319; 4 S. & R. 174; and others. They may be made by an agent, so as to bind the principal; Story, Ag. §§ 134-137; so far only, however, as the agent has authority; 1 Greenl. Ev. § 114; and not, it would seem, in regard to past transactions; 6 Mees. & W. Exch. 58; 11 Q. B. 46; 7 Me. 421; 4 Wend. 394; 7 Harr. & J. 104; 19 Pick. 220; 8 Mete. 142. Thus, the admissions of the wife bind the husband so far only as she has authority in Plenary admissions are those which admit the truth of the matter without qualification, whether it be asserted as from information and belief or as from actual knowledge. AT LAW. In all pleadings in confession and avoidance, admission of the truth of the opposite party's pleading is made. Express admissions may be made of matters of fact only. The usual mode of making an express admission in pleading is, after saying that the plaintiff ought not to have or maintain his action, etc., to proceed thus, "Because he says that, although it be true that," etc., repeating such of the allegations of the adverse party as are meant to be admitted; Lawes, Civ. Pl. 143, 144. See 1 Chitty, Pl. 600; Archbold, Civ. Pl. 215. |