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 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 vessels at sea. claims; 2 Hagg. Adm. 3; 3 C. Rob. Adm. been transferred to the Central Criminal 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 In English Law. The court of the ad- changed. The advocates, surrogates, and miral. This court was erected by Edward III. It was held by the Lord High Admiral, whence it was called the High Court of Admiralty, or before his deputy, the Judge of the Admiralty, by which latter officer it has for a long time been exclusively held. It sat as two courts, with separate commissions, known as the Instance Court and the Prize Court, the former of which was commonly intended by the term admiralty. At its origin the jurisdiction of this court was very extensive, 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. The civil jurisdiction of the court extends to torts committed on the high seas, including personal batteries; 4 C. Rob. Adm. 73; col lision 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; bottomry and respondentia bonds; 6 Jur. 241; 3 Hagg. Adm. 66; 3 Term, 267; 2 Ld. Raym. 982; Rep. temp. Holt, 48; and salvage proctors of the Court of Arches were admitted to practice there; the proceedings generally were assimilated to those of the common-law courts, particularly in respect of the power to take viva voce evidence in open court; power to compel the attendance of witnesses and the production of papers; to ordering issues to be tried in any of the courts of Nisi Prius, and allowing bills of exception on the trial of such issues, and the grant of power to admiralty 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. the Scotch court was abolished by 1 Will. IV. A court of admiralty exists in Ireland; but 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. 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. After a somewhat probeen 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 the contemporaneous or immediately subsequent 2 Gall. C. C. 398; Daveis, 93; 3 Mas. C. C. 28; courts of admiralty; 2 Pars. Mar. Law, 508. See 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. It extends to the navigable rivers of the United States, whether tidal or not, the lakes, and the waters connecting them; 4 Wall. 455, 411; 8 W. 15; 12 How. 443; 7 Wall. 624; ADMIRALTY 11 id. 185; 16 id. 522; to a stream tributary to the lakes, but lying entirely within one state; 1 Brow. Adm. 334; to a ferry-boat plying between opposite sides of the Mississippi River; 5 Biss. 200; to an artificial shipcanal connecting navigable waters within the jurisdiction; 2 Hughes, 12; to the Welland canal; 1 Brown, Adm. 170; Newb. 101. 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. or attachment of his property if he cannot be found, even though in the hands of third persons, or a simple monition to appear, may issue; or, in suits in rem, a warrant for the arrest of the thing in question; or two or more of these separate processes may be combined. Thereupon bail or stipulations are taken if the party offer them. 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. 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 difSee an article in 15 Am. L. ferent states. Rev. 295; also a learned report to Amer. 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. Admiralty has jurisdiction of a libel by mariners for wages against a vessel plying on navigable waters, even though lying entirely Consult the article COURTS OF THE UNITED within one state; 2 Am. L. Rev. 455; but see STATES; Conkling; Dunlap, Adm. Prac.; 8 id. 610, where all the cases on admiralty juris- Sergeant; Story, Const.; Abbott, Sh.; Pardiction by reason of locality are fully treated. sons, Mar. Law; Kent; Flanders, Sh.; Kay, Its civil jurisdiction extends to cases of Sh.; and the following cases, viz.: 2 Gall. salvage; 2 Cranch, 240; 1 Pet. 511; 12 id. C. C. 398; 5 Mas. 465; Daveis, 93; 1 72; 2 Low. 302; bonds of bottomry, respon- Baldw. 524; 4 How. 447; 6 id. 378; 12 id. dentia, or hypothecation of ship and cargo; 1443; 20 id. 296, 393, 583; 21 id. 244, 248; Curt. C. C. 340; 3 Sumn. 228; 1 Wheat. 96; 23 id. 209, 491. 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 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. Conces sions 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. 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. They may be made by one of several having a joint interest, so as to be binding upon all; 2 Bingh. 306; 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. 441; 4 Conn. 336; 8 id. 268; 7 Me. 26; 5 Gill & J. 144; 1 Gall. 635. Mere community of interest, however, as in case of coexecutors; Greenl. Ev. § 176; 4 Cowen, 493; 16 Johns. 277; trustees, 3 Esp. 101; co-tenants; 4 Cowen, 483; 15 Conn. 1; is not 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. 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. Judicial admissions; 1 Greenl. Ev. § 205; 2 Campb. 341; 5 Mass. 365; 5 Pick. 285, those which have been acted on by others; 3 Rob. La. 243; 17 Conn. 355; 13 Jur. 253; and in deeds as between parties and privies; 4 Pet. 1; 6 id. 611; are conclusive evidence against the party making them. 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 Metc. 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. ADMITTANCE ADMITTANCE. In English Law. The act of giving possession of a copyhold estate. It is of three kinds: namely, upon a voluntary grant by the lord, upon a surrender by the former tenant, and upon descent; 2 Bla. Com. 366-370. ADMITTENDO IN SOCIUM. In English Law. A writ associating certain persons to justices of assize; Cowel. ADMONITION. A reprimand from a judge to a person accused, on being discharged, warning him of the consequences of his conduct, and intimating to him that, should he be guilty of the same fault for which he has been admonished, he will be punished with greater severity; Merlin, Répert. The admonition was authorized as a species of punishment for slight misdemeanors. ADNEPOS. The son of a great-greatgrandson; Calvinus, Lex. ADNEPTIS. The daughter of a greatgreat-granddaughter; Calvinus, Lex. ADNOTATIO. (Lat. notare). A subscription or signing. In the civil law, casual homicide was excused by the indulgence of the emperor, signed with his own sign-manual, called adnotatio; Code, 9. 16. 5; 4 Bla. Com. 187. ADOLESCENCE. That age which follows puberty and precedes the age of majority. It commences for males at fourteen, and for females at twelve years completed, and continues till twenty-one years complete; Wharton. ADOPTION. The act by which a person takes the child of another into his family, and treats him as his own. By this sale the person sold became subject to the mancipium of the purchaser, who then emancipated him; whereupon he fell again under the tirely it was necessary to repeat the mancipatio paternal power; and in order to exhaust it enthree times: si pater filium ter venumdabit, filius a patre liber esto. After the paternal power was thus dissolved, the party who desired to adopt the son instituted a fictitious suit against the purchaser who held him in mancipium, alleging that the person belonged to him or was subject to his paternal power; the defendant not denying the fact, the prætor rendered a decree accordingly, which constituted the cessio in jure, and completed the adoption. Adoptantur autem, cum a parente in cujus potestate sunt, tertia mancipatione in jure ceduntur, atque ab eo, qui adoptat, apud eum apud quem legis actio est, vindicantur; Gell. 5. 19. of adoption had been introduced by custom. Towards the end of the Republic another mode This was by a declaration made by a testator, in his will, that he considered the person whom he wished to adopt as his son: in this manner Julius Cæsar adopted Octavius. It is said that the adoption of which we have been speaking was limited to persons alieni juris. But there was another species of adoption, called adrogation, which applied exclusively to persons who were sui juris. By the adrogation a paterfamilias, with all who were subject to his patria potestas, as well as his whole estate, entered into another family, and became subject to the paternal authority of the chief of that family. Qua species adoptionis dicitur adrogatio, quia et is qui adoptat rogatur, id est interrogatur, an velit eum quem adopturus sit justum sibi filium esse; et is, qui adoptatur rogatur an id fieri patiatur; et populus rogatur an id fieri jubeat; Gaius, 1. 99. The formulae of these interrogations are given by Cicero, in his oration pro Dom. 20: "Velitis, jubeatis, Quirites, uti Lucius Valerius Lucio Titio tam jure legeque filius sibi siet, quam si ex eo patre matreque familias ejus natus esset, utique eo vitæ necisque in eum potestas siet uti pariendo filio est; hoc ita ut dixi vos, Quirites rogo." This pub A juridical act creating between two persons certain relations, purely civil, of pater-lic and solemn form of adoption remained unnity and filiation; 6 Demolombe, § 1. Adoption was practised in the remotest antiquity, and was established to console those who had no children of their own. Cicero asks, Quod est jus adoptionis? nempe ut is adoptat, qui neque procreare jam liberos possit, et cum potuerit, sit expertus." At Athens, he who had adopted a son was not at liberty to marry without the permission of the magistrates. Gaius, Ulpian, and the Institutes of Justinian only treat of adoption as an act creating the paternal power. Originally, the object of adoption was to introduce a person into the family and to acquire the paternal power over him. The adopted took the name of the adopter, and only preserved his own adjectively, as Scipio Emilianus; Cæsar Octavi anus, etc. According to Cicero, adoptions produced the right of succeeding to the name, the property, and the lares: "hereditates nominis, pecina, sacrorum secuta sunt;" Pro Dom. §§ 13, 35. The first mode of adoption was in the form of a law passed by the comitia curiata. Afterwards, it was effected by the mancipatio, alienatio per as et l'bram, and the in jure cessio; by means of the first the paternal authority of the father was dis solved, and by the second the adoption was com pleted. The mancipatio was a solemn sale made to the emptor in presence of five Roman citizens (who represented the five classes of the Roman people), and a libripens, or scalesman, to weigh the piece of copper which represented the price. changed, with regard to adrogation, until the time of Justinian: up to that period it could only take place populi auctoritate. According to the Institutes, 1. 11. 1, adrogation took place by virtue of a rescript of the emperor,-principali rescripto, which only issued causa cognita; and the ordinary adoption took place in pursuance of the authorization of the magistrate,-imperio magistratus. The effect of the adoption was also modified in such a manner, that if a son was adopted by a stranger, extranea persona, he preserved all the family rights resulting from his birth, and at the same time acquired all the family rights produced by the adoption. In In the United States, adoption is regulated by the statutes of the several states. Louisiana, where the civil law prevails, it was abolished by the Code of 1808, art. 35, p. 50. In many of the continental states of Europe it is still permitted under various restrictions. ADPROMISSOR (Lat. promittere). One who binds himself for another; a surety; a peculiar species of fidejussor. Calvinus, Lex. The term is used in the same sense in the Scotch law. The cautionary engagement was undertaken by a separate act: hence, one entering into it was called ad promissor (promissor in addition to); Erskine, Inst. 3. 3. 1. ADROGATION. In Civil Law. The adoption of one who was impubes, that is, if a male, under fourteen years of age; if a female, under twelve; Dig. 1. 7. 17. 1. ADSCRIPTI (Lat. scribere). Joined to by writing; ascribed; set apart; assigned to; annexed to. ADSCRIPTI GLEBÆ. Slaves who served the master of the soil; who were annexed to the land, and passed with it when it was conveyed; Calvinus, Lex. These servi adscripti (or adscriptitii) glebæ held the same position as the villeins regardant of the Normans; 2 Bla. Com. 93. ADSCRIPTITII (Lat.). A species of slaves. Those persons who were enrolled and liable to be drafted as legionary soldiers; Calvinus, Lex. ADSESSORES (Lat. sedere). Side judges. Those who were joined to the regular magistrates as assistants or advisers; those who were appointed to supply the place of the regular magistrates in certain cases; Calvinus, Lex. ADULT. In Civil Law. A male infant who has attained the age of fourteen; a female infant who has attained the age of twelve; Domat, Liv. Prel. tit. 2, § 2, n. 8. In Common Law. One of the full age of twenty-one; Swanst. Ch. 553. ADULTER (Lat.). One who corrupts ; one who corrupts another man's wife. Adulter solidorum. A corrupter of metals; a counterfeiter; Calvinus, Lex. ADULTERA (Lat.). A woman who commits adultery; Calvinus, Lex. ADULTERATION. The act of corrupting or debasing; the act of mixing something impure or spurious with something pure or genuine, or an inferior article with a superior one of the same kind. ADULTERATOR (Lat.). A corrupter; a counterfeiter. Adulterator monetæ. A forger; Du Cange. Adulterations of food, when wilful, are punishable by the laws of most countries. In Paris, malpractices connected with such adulteration are investigated by the Conseil de Salubrité, and punished. In Great Britain, numerous acts have been passed for the prevention of adulterations: they are usually punished by a fine, determined by a summary process before a magistrate. In Pennsylvania, the adulteration of articles of food and drink, and of drugs and medicines, is, by a statute of March 31, 1860, made a misdemeanor punishable by fine or imprisonment, or both. ADULTERINE. The issue of adulterous intercourse. Those are not deemed adulterine who are begotten of a woman openly married through ignorance of a former wife being alive. Adulterine children are regarded more unfavorably than the illegitimate offspring of single persons. The Roman law refused the title of natural children, and the canon law discouraged their admission to orders. ADULTERINE GUILDS. Companies of traders acting as corporations, without charters, and paying a fine annually for the privilege of exercising their usurped privileges; Smith, Wealth of Na., book 1, c. 10; Wharton, Dict., 2d Lond. ed. ADULTERIUM. A fine imposed for the commission of adultery. Barrington, Stat. 62, n. ADULTERY. The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife; Bishop, Mar. & D. § 415; 6 Metc. 243; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. 174. The voluntary sexual intercourse of a married woman with a man other than her husband. Unlawful voluntary sexual intercourse between two persons, one of whom at least is mar ried, is the essence of the crime in all cases. In general, it is sufficient if either party is married; and the crime of the married party will be adultery, while that of the unmarried party will be fornication; 1 Yeates, 6; 2 Dall. 124; 5 Jones, No. C. 416; 27 Ala. N. s. 23; 35 Me. 205; 7 Gratt. 591; 6 id. 673. In Massachusetts, however, by statute, and some of the other states, if the woman be married, though the man be unmarried, he is guilty of adultery; 21 Pick. 509; 2 Blackf. 318; 18 Ga. 264; 9 N. H. 515; and see 1 Harr. N. J. 380; 29 Ala. 313. In Connecticut, and some other states, it seems that to constitute the offence of adultery it is necessary that the woman should be married; that if the man only is married, it is not the crime of adultery at common law or under the statute, so that an indicteither party; though within the meaning of the ment for adultery could be sustained against law respecting divorces it is adultery in the man. It is not, by itself, indictable at common law; 4 Bla. Com. 65; 5 Rand. 627, 634; but is left to the ecclesiastical courts for punishment. In the United States it is punishable by fine and imprisonment under various statutes, which generally define the offence. Parties to the crime may be jointly inconvicted and punished before or without dicted; 2 Metc. Mass. 190; or one may be the conviction of the other; 5 Jones, No. C. 416. ADVANCEMENT. A gift by anticipa tion from a parent to a child of the whole or a part of what it is supposed such child will inherit on the death of the parent; 6 Watts, 87; 4 S. & R. 333; 17 Mass. 358; 11 Johns. 91; Wright, Ohio, 339. An advancement can only be made by a parent to a child; 5 Miss. 356; 2 Jones, No. C. 137; or in some states, by statute, to a grandchild, 4 Kent, 419; 4 Watts, 82; 4 Ves. 437. The intention of the parent is to decide whether a gift is intended as an advancement; 23 Penn. 85; 11 Johns. 91; 2 M'Cord, Ch. 103; see 26 Vt. 665. A mere gift is presumptively an advancement, but the contrary intention may be shown; 22 Ga. 574; 8 Ired. 121; 18 Ill. 167; 3 Jones, No. C. 190; 3 Conn. 31; 6 id. 356; 1 Mass. 527. The maintenance and educa |