This diligence is chiefly regulated by the Act 1672, c. 19. The diligence operates only as a security for a time, and is open to redemption within ten years, called the legal; 2d March 1849, Bogle; 21 Jur. 319; affirmed 22 Jur. 403. The right of redemption is only properly foreclosed by a decree of declarator of expiry of the legal in the Court of Session, or forty years' possession on a charter of adjudication and infeftment. There are adjudications in security of contingent, future, and uncertain debts, which are not foreclosed by the expiry of the legal, and therefore may be redeemed at any time. There is also an adjudication (in implement) to complete an imperfect title to property, and which is competent only in the Court of Session, and which is not subject to the running of the legal to render it effect aal. ADJUSTMENT, in the law of insurance, is fixing the amount of loss and proportion to be paid by the underwriters. Bell's Com. i. 613.

ADMINICLE-A written article of evidence. Such is absolutely necessary to support an action to prove the tenor of a lost deed or writing. Ersk. B. iv.;

T. 1, s. 55.

ADMINISTERING DRUGS. The administering of drugs to produce stupefaction maliciously, for the commission of any crime, is a relevant charge. Three persons were transported for seven years for administering drugs and causing stupefaction, to enable them to commit theft, though acquitted from the theft. 22d Dec. 1828; Wilsons.

ADMINISTRATOR, in England, is nearly analogous to an executor-dative in Scotland named in default of nomination of executors by the deceased.

ADMINISTRATOR-IN-LAW-The office held by the father of a minor, residing in family with him. He prosecutes, in his sole name, the same as a tutor for a pupil, and as a consenter, like as a curator, for the minor above pupillarity, and he excludes all other guardians, except trustees named by third parties on separate estate. He has the curatory of the property, even though he may not have the power over the person of a child forisfamiliated. But the Court of Session may require security, on cause shown.

ADMIRALTY. The Court of Admiralty was constituted and regulated by Acts 1609, c. 15; 1681, c. 16; 5 Anne, c. 7, s. 19; 1 and 2 Geo. IV. c. 39, and was abolished by statute 1 William IV. c. 69 (1830). The jurisdiction was transferred to the Court of Session and sheriffs, in the same manner as in ordinary civil actions, so that a maritime action may be brought in either for sums above L.25, but only in Sheriff Courts for sums below that amount. In purely maritime cases, both parties were bound to find caution to each other; but in Sheriff Courts this is only exigible where the parties are not domiciled in Scotland; 1 and 2 Vic. c. 119 (1838). And by the recent act (13 and 14 Vic. c. 36, s. 24, 1850) such caution is entirely abolished in cases before the Court of Session. But foreigners, either pursuer or defender, will still have to sist a mandatory who may be liable for costs. In England the Admiralty Court exists as a separate tribunal, regulated by 28 Henry, c. 15 (A.D. 1536); 15 Rich. II. c. 3; 7 and 8 Geo. IV. c. 65; 5 and 6 Will. IV. c. 76, s. 108; 3 and 4 Vic. c. 65 and 66.-1 Hume, 483. See Merchant-Seamen.

ADPROMISOR, in Roman law, was the name of the cautioner or surety who bound himself by a separate engagement.

ADULTERY. Notour adultery was a capital offence, with escheat (forfeiture) of movables; 1551, c. 20; 1563, c. 74. But these statutes are in desuetude, and the offence only warrants the civil action of divorce or damages. By the Act 1600, c. 20, a marriage between the divorced party and the paramour is prohibited and declared null. But this statute is likewise supposed to be in desuetude; Fraser's Personal Relations. A husband slaying an adulterer in the act is, both by the law of England and Scotland, chargeable only with culpable homicide; but if after an interval, it is murder.

AD VITAM AUT CULPAM denotes the holding of an office, not for a certain term of years, but until death or delinquency (quamdiu se bene gesserit), so long as the party conducts himself well.

ADVOCATE, LORD, is the chief crown lawyer in Scotland, analogous to the Attorney-General in England, and is the public prosecutor, and, as such, has the nomination of deputes; and he exercises a superintending power over all prosecutors in Inferior Courts, and the general administration of criminal justice. His manifold

vent or suppress an affray, and the former may call on bystanders to assist him under pain of fine and imprisonment. Boyd's Justice, p. 52. See Breach of PeaceConstable.

AGENT. See Principal and Agent.

AGENT or ATTORNEY. Practising attorneys, or partners with such, are excluded from acting as justices, and from practising in the Small Debt Courts. But the ordinary practitioners in the Sheriff Court are generally allowed to practise before justices in their ordinary civil and criminal jurisdiction, although perhaps they may have a right to select and admit practitioners for themselves under proper regulations. In England, this privilege to accused parties was first provided by the Act 6 and 7 Will. IV. c. 114, s. 2. But attorneys are not entitled to interfere with any preliminary investigation. An attorney's clerk is not, as matter of right, entitled to appear; but in courtesy, where qualified, he is generally allowed in either country.

AGISTMENT in England is the grazing of cattle for hire, similar to grassmail in Scotland.

AGNATE and COGNATE. Agnates are relations through the father; Cognates those by the mother.

ALDERMAN-a rank of nobility amongst the Saxons-now in England similar to Bailie in Scotch Burghs.

ALEHOUSES. See Publicans.

ALIBI is the defence or evidence in criminal prosecutions that the accused party was elsewhere than at the place of the offence, at the time thereof. Notice of this defence must be given at latest on the day before that of the trial, and thereon, the prosecutor must abandon the benefit of the usual latitude of three months, and betake himself to a particular day, unless where the offence, in its nature, extends over a tract of time, or the exact time cannot be clearly ascertained. As witnesses seldom note with precision the passage of time, and can seldom be brought to speak to dates, much attention must be given as to the grounds on which the witnesses fix on particular days and hours. When the proof of the offence is not direct, but circumstantial, clear evidence of alibi is convincing proof of innocence; but where the proof is direct, such proof in defence is open to suspicion, and the credibility of the witnesses in its support is best tested by examination on minute matters, apart from that of time; such as to place where, and persons present, and what was said and done. If the story be concocted, the witnesses are sure to disagree on these other matters, not being prepared to answer as to them.-Ersk. B. iv.; T. 4, s. 71. Hume.

ALIEN. This term is applied to those born in a foreign country, not at the time in allegiance to Great Britain, and are distinguished from natural-born subjects. Such, at one time, were not entitled to acquire, or succeed to heritage in Scotland, unless under an act of naturalization by Parliament, or letters of denization from the Sovereign. The principal statutes regulating the rights of aliens were,—7 Anne, c. 5; 1 Geo. I. c. 4; 12 and 13 Wm. III. c. 2; 4 Geo. II. c. 21; 13 Geo. III. c. 27; 14 Geo. III. c. 84; 16 Geo. III. c. 52; 37 Geo. III. c. 63; 58 Geo. III. c. 97. The existing law is embodied in the Act 7 and 8 Vict. c. 66 (1844); by which it is enacted :

1. That every person, wherever born of a mother being a natural-born subject of the United Kingdom, is capable of holding real and personal property, within the United Kingdoms.-See 15th May 1845, Shedden v. Patrick (House of Lords).

2. That every alien, the subject of a friendly state, may hold personal property, as also lands for residence or trade, for a term not exceeding twenty years; with all the rights of a natural-born subject, except the right to vote for a member of Parliament; and,

3. That every alien, residing in any part of the United Kingdoms, with intent to settle therein, shall, on taking an oath of allegiance, according to a form in the act, and thereon obtaining a certificate from the Secretary of State, and enrolled in the Court of Chancery, enjoy all the rights and capacities of a natural-born British subject, except being a member of Privy Council or of Parliament, and such other rights and capacities which may be specially excepted in the certificate.

The existing PEACE ALIEN ACT is 6 Will. IV. c. 11 (1836), repealing 7 Geo. IV. c. 54 (1826), whereof the following is an abstract :—

Sect. 2. The master of every vessel arriving in this realm from foreign parts shall, immediately on arrival, declare to the chief officer of customs, whether, to the best of his knowledge, he has on board any alien, or any alien has landed within the realm, and shall specify their number, names, rank, occupation, and description (with the exception of mariners actually employed in the navigation of the vessel). Penalty for refusing, or neglecting to make, or making a false, declaration, L.20, with L.10 for each alien landed; and the officers of the customs may detain the vessel until payment.

3. Every alien, on arrival, shall show to the chief officer of customs any passport he has, and declare the day and place of his landing, his name, and the country to which he belongs, and the place from which he has comepenalty, L.2.

4. The officer is to register the declaration, and deliver a certificate to the alien, according to a form.

5. The officer shall, within two days, transmit copy of declaration by master, and certificate, to one of the Secretaries of State in Great Britain, and to the Secretary for Ireland, if the arrival has been there.

6. An alien departing the realm shall deliver certificate to officer of customs, who shall certify the same, and transmit it to the Secretary of State or for Ireland, as the case may be.

7. If an alien shall produce to a Justice of the Peace, proof that his certificate is lost, mislaid, or destroyed, and shall make it appear to his satisfaction that he has duly conformed to the act, the justice shall so certify, and the alien shall be entitled to a new certificate from Secretary of State or for Ireland, as the case may be.

8. Certificates are to be granted without fee; and the taking such, or any other neglect of duty on the part of the officers of customs, is punishable by a penalty of L.20.

9. Any person wilfully forging, counterfeiting, or altering, or using a false, declaration or certificate, is liable, on conviction before two justices, to a penalty not exceeding L.100, or to be imprisoned for any time not exceeding three months.

10. Offences to be prosecuted within six months, and before two or more justices of the place where the offence was committed, and who may commit to prison for a period not exceeding one month, unless penalty be sooner paid, if below L.20, and shall forthwith report to Secretary of State or for Ireland, every conviction; and no review or stay of execution to be allowed.

11. From the act are exempted foreign ministers and their domestic servants, registered according to law; or aliens resident three years in the realm, and obtaining certificate from Secretary of State or for Ireland; or aliens below 14 years of age, at the time of any act done or not done. And proof, in such cases of exemption, to rest with the party claiming exemption.

ALIMENT or ALIMONY is a claim of support; and which in the following instances has place in our law:

1. A child has a claim against a father for subsistence and necessary clothing, but nothing more, and that until the child leaves the family, or is able to sustain himself; and in the higher ranks, so long as the child is destitute, or if he subsequently becomes so. The mother is liable next in order, and then the grandfather. As a debt, the right transmits against the representatives of the father, as succeed

B

ing to his means. The claim, especially in the higher ranks, appears good to a daughter-in-law during her husband's life, but not longer. 25th May 1815, Maidment; 9th July 1823, Maule (House of Lords).

2. A child is bound to give aliment to his or her parents, when they are in a condition requiring such aid, and the child able to afford it.-Bell's Principles,

s. 1634.

3. The mutual obligation of alimony is thought to exist between the mother and a bastard child, but not between the putative father and such child.-1 Fraser, 51. 4. The question has been raised, but not decided, whether the husband of a daughter is bound to aliment her father; 20th June 1846, Clanranald.

5. The father of an illegitimate child is mutually bound with the mother in aliment, absolutely, until seven years of age in males, and ten in females, or longer, especially in the higher ranks, until the child can support itself, or is otherwise provided for. See Bastard.

6. A husband must aliment the wife and cohabit with her, unless, by voluntary or judicial separation, they are authorized to live apart. During the dependence of an action of divorce or separation, the husband must not only give aliment, but the means for conducting her case. See Husband and Wife.

7. A creditor is obliged under the Act of Grace, to aliment his debtor in prison. See Act of Grace.

ALIMENTARY FUND is that which has been expressly so set apart and declared by third parties, the granters, free from the diligence of creditors. No person can thus set aside his own funds; and even in the former case, to the extent of an excess, there may be room for attachment by arrestment; and an assignation to such may be insisted on under Cessio.-Ersk. B. iii. ; T. 6, s. 7; 11th June 1852, Lewis. See Arrestment.

ALIMONY in England is a term confined to the allowance to a wife. In Scotland it is synonymous with Aliment.

ALLAY or ALLOY. The mixture with the precious metals. The standard of gold is 22 carats of gold, and 2 of alloy in the pound troy. A pound of standard gold gives 44 guineas and a half; and a pound of standard silver produces 62 shillings. See Stirling on Gold (1853).

ALLEGIANCE.-The oath which is taken by the parties mentioned under the article " Abjuration," is to the following effect:

I, A. B., do sincerely promise and swear, that I will be faithful, and bear true allegiance to her Majesty Queen Victoria. So help me God.

Abjuration-Affirmation).

(See Note.-Hale has well said, "the prudence of the common law is observable that this oath is short and plain, not entangled with lax and intricate clauses or declarations, but that the sense of it is obvious to the most common understanding, and yet withal comprehensive of the whole duty of a subject to his prince.'

ALLENARLY. An important term in Scotch law, synonymous with, but held stronger than, "only." Where the liferent of a father is declared to be "for his liferent use allenarly," his right is strictly limited to a liferent, which, without such term, might give him the fee; 26th May 1815, Harvey.

ALLODIAL is a tenure of land, in contradistinction to that in which there exists superiority. Such are crown lands, lands in Orkney, churches, church-yards, manses, and glebes-these lands are termed udal lands.-Bell's Princ. s. 932.

ALLUVIO-An addition gradually made to land by a river, as Avulsio is the term when such addition is made at once. In the former case the ground accrues to the proprietor of the land. In the latter it continues with the former proprietor. -Ersk. B. ii.; T. 1, s. 14.

ALMANAC is part of the law of the land, and proves when a particular day happened. The one annexed to the Common Prayer-Book is that recognised in England.

ALTIUS NON TOLLENDI-A servitude borrowed from the Roman or civil law, to prevent building beyond a certain specified height.-Ersk. B. ii.; T. 9, s. 10. ALVENS. "A proprietor may restore a river to its channel de recenti, but can

not do so post tantum tempus;” 1748, Magistrates of Aberdeen; 28th Jan. 1848, Blantyre; 24th Jan. 1854, M'Kenzie.

AMANDA term synonymous to fine or penalty, and chiefly applied to the compulsitors to force on the progress of lawsuits.

AMBASSADOR committing a crime, malum in se, is dealt with as a private alien; but it is different with a mere statutory offence, or malum prohibitum. 1 Hume, 536.

AMBASSADORS and their servants are exempted from arrest in civil actions; 7 Anne c. 12 (1708). See Alien.

AMENABLE; being subject to a certain jurisdiction or authority.

AMENDMENT is allowed on a libel or complaint, to correct mistakes, but not to change the nature of the action, or to introduce other parties or entirely new grounds of complaint, and never in the absence of the party; and even when allowed, an award of costs is generally given. In criminal cases, no addition can be made, but words may be struck out, providing sufficient remain to sustain a relevant charge; and the complainer may depart from any of his separate charges or parties. In civil cases, amendments have been refused with the view of introducing new pursuers or defenders, or to change the character of a party from that of a trustee to an individual. But it has been allowed to introduce a further ground and conclusion, not inconsistent with the original. 2 Hume, 280. See Mr Sheriff M‘Laurin's Sheriff Court Practice. (1848).

AMERCIAMENT is an English law term, equivalent to fine.

AMICUS CURIE. "If a judge is doubtful or mistaken in matter of law, a stander by may inform the Court as amicus curiæ."-2 Co. Inst. 178.

AMNESTY-An act of pardon.

AMOTIO, or removal of a thing stolen, is necessary to constitute actual theft. But taking and moving, though afterwards throwing away or leaving the article, or even taking out the contents of a repository, and placing them on the floor, or removing them from any part of the house to another, but always for the purpose of theft, constitutes the crime; but not the mere rolling up an article, without removing it from its place of deposit, as in a drawer or bed.—Hume.

ANIMALS. See Cruelty to Animals.

ANN or ANNAT-The half year's stipend, after a parish clergyman's death, payable to his nearest of kin, under the Act 1672, c. 13. If he dies after Whitsunday, his executors, whoever they are, take the first half as executry, and his widow and nearest of kin, according to their rights, the other half of that year's stipend as Ann. If he survives Michaelmas, the whole year's stipend is executry, and the next half forms the Ann, which is the proper right of the next of kin, and cannot be assigned by the clergyman, nor attached for his debts, and requires no confirmation to vest. The same rule of division exists as in executry- the widow has a third, and the children two-thirds; or if no children, one-half passes to the widow, and the other half to the nearest of kin. The augmentation from the Exchequer to small livings, under the Act 50 Geo. III. c. 84 (1810), is treated in the same way as ordinary stipend.-Connell on Tithes, vol. ii. p. 457.

ANNEXATION. 1. By the Statute 1587, c. 29, all royal grants to religious houses were resumed, and annexed to the crown.

2. Lands annexed to the crown are declared unalienable, unless with consent of Parliament, 1455, c. 41; and are regulated by subsequent acts as to feuing, 1457, c. 71; 1540, c. 15 and 16; 1584, c. 6; 1597, c. 233 and 234.

3. Lands are annexed, quoad sacra, by the Court of Teinds to one parish, for ecclesiastical purposes, though remaining attached quoad civilia, for all civil purposes, to the original parish; and where both are given, it is termed quoad omnia. ANNUAL-RENT ARRENDARE, the ancient term for interest. At one period it was not lawful to lend money for usury or interest, and therefore, in return, a rent was taken annually from land, and the right was thus termed one of annual rent, which gave only a security for the rent or interest, and not for the principal.-Ersk. B. ii.; T. 8, s. 31. (See Ground-annual.)

ANNUS DELIBERANDI-The year given to the heir in heritage, to deliberate whether he will take up the succession of his ancestor, and thereby incur its liabilities. In the case of a child born after the ancestor's death, it runs from the date