Of the Of the Red. Of the Blue. 9 13 14 14 18 30 38 Admirals our High Admiral of our said united | the battle of Trafalgar. There are also kingdom of Great Britain and Ireland, vice-admirals and rear-admirals of each and of the dominions, islands, and terri- flag, the former ranking with lieutenanttories thereunto belonging, and of our generals, and the latter with major-geneHigh Admiral of Jamaica, Barbadoes, rals in the army. The number of admirals Saint Christopher, Nevis, Montserrat, in each class, in May, 1844, was as folBermudas, and Antegoa, in America, and lows:of Guiney, Binny, and Angola, in Africa, and of the islands and dominions thereof, and also of all and singular our other foreign plantations, dominions, islands, and territories whatsoever, and places thereunto belonging, during our pleasure; giving, and by these presents granting unto you, our said commissioners, or any two or more of you, during our pleasure, full power and authority to do, execute, exercise, and perform all and every act, matter, and thing which do belong or appertain to the office of our High Admiral," &c., as well in those things which concern the navy as in the things which concern "the right and jurisdiction" of the High Admiral. Till the reign of Queen Anne the salary of the Lord High Admiral was only 300 marks; and the emoluments of the place, which were very large, arose chiefly from perquisites, or droits, as they were called, of various descriptions. Prince George of Denmark resigned all these droits into the hands of the crown, and received in their stead a salary of 7000l. a year. The salary of the First Lord is 4500l., and his official residence is the Admiralty, Whitehall. The salary of the junior lords is 1000l., and they have official residences; or, in case of the government not appropriating to them an official residence, a sum of 2001. is allowed instead. The title of Admiral is also given in modern times to naval officers of the highest rank; of which we have in England three classes, namely, Admirals of the Red, of the White, and of the Blue. Admirals bear their flag at the main topgallant-mast head; vice-admirals, at the fore top-gallant-mast head; and rear-admirals, at the mizen top-gallant-mast head. After the union with Scotland in 1707, the use of the red flag was discontinued, the union-jack being substituted for it; but it was resumed at the naval promotion which took place in 1805, after A full admiral ranks with a general, and an admiral who is actually the commander-in-chief of a fleet with a fieldmarshal. The title of Admiral of the Fleet is merely an honorary distinction. The number of admirals on the 1st of January in each of the following years was as follows:-242 in 1815; 228 in 1819; 236 in 1825; 228 in 1830; 211 in 1837; and 211 in 1841. The average age of officers promoted to the rank of rearadmiral (omitting fractional parts of a year) was forty-seven years in 1815; fiftyone in 1819; fifty-five in 1825; fifty-eight in 1830; sixty-one in 1837; and rather more than sixty-one in 1841. The period which rear-admirals had served as captains had increased from nineteen years in 1815 to nearly thirty-five years in 1841; the increase having been from twentynine years nine months in 1830 to thirtyfour years and nine months in 1841. According to the official Navy List for April, 1844, there were, in addition to the admiral of the fleet, who receives sea-pay of 6l. per day, thirty-six admirals, with the sea-pay of 51. per day; forty-six viceadmirals, with the pay of 41. per day; and ninety-six rear-admirals, with the pay of 31. per day; making 179 admirals; but the number in commission in time of peace is only about twelve. In addition to this pay, every commander-in-chief receives a further sum of 31. per day while his flag shall be flying within the limits of his station. The full pay of admirals in 1792 was 37. 108. a day; vice-admirals, 27. 10s.; rear-admirals, il. 15s.: in addition to which, compensation in lieu of servants' allowances was given at the rate of 4301. 3s. a year to admirals; 2801. 58. to viceadmirals; and 2021. to rear-admirals. The number of servants allowed was re was rescinded, and by an Order in Council fifty servants were allowed to the Admiral of the Fleet; thirty to admirals; twenty to vice-admirals; and fifteen to rear-admirals. The half-pay of the Admiral of the Fleet is at present 11497. 158. per annum; of admirals, 7667. 10s.; of viceadmirals, 5931. 2s. 6d.; and of rear-admirals, 4561. 5s. The half-pay of the Admiral of the Fleet was 27. 10s. per diem in 1792; that of admirals, 1. 15s.; vice-admirals, 11. 58.; and of rear-admirals, 17s. 6d. (Report on Army and Navy Appointments.) duced in 1693; but in 1700 the regulation | diction. The Admiralty Court has no cognizance of contracts under seal, except where, from the nature of the subject matter, it has exclusive jurisdiction; as in the case of an hypothecation bond, under which a ship is given in pledge for necessaries furnished to the master and mariners. This security, as it only affects the vessel on which the money is advanced, and imposes no personal contract on the borrower, does not fall within the cognizance of the common law. The Instance Court likewise regulates many other points of maritime law, such as disputes between part-owners of vessels, and questions relating to salvage, that is, the allowance made to those who have saved or recovered ships or goods from dangers of the sea. It has also power to inquire into certain wrongs or injuries committed on the high seas, such as collision, or the running foul of one ship against another, and in such cases to assess the damages to be paid to the party injured. There is no officer with the title of admiral in the navy of the United States of America, the rank corresponding to it being that of commodore, which is given to captains commanding on stations. ADMIRALTY COURTS are courts which have jurisdiction over maritime causes, whether of a civil or criminal nature. In England, the Court of Admiralty is held before the Lord High Admiral or his deputy, who is called the judge of the court: when there was a Lord High Admiral, the judge of the Admiralty usually held his place by patent from him; but when the office of admiral is executed by commissioners, he holds his place by direct commission from the crown under the great seal. The Court of Admiralty is twofold, the Instance Court and the Prize Court. The commissions to hold these courts are perfectly distinct, but are usually given to the same person. Neither of them is a Court of Record. The civil jurisdiction of the Instance Court extends generally to marine contracts, that is, to such contracts as are made upon the sea, and are founded in maritime service or consideration, -as where the vessel is pledged during the voyage for necessary repairs; and to some few others, which, though entered into on land, are executed entirely upon the sea, such as agreements for mariner's wages. But if part of a cause of action arises on the sea and part upon the land, the courts of common law exclude the Admiralty Court from its jurisdiction; and even in contracts made abroad they exercise in most cases a concurrent juris This court is usually held at Doctors'Commons, like the ecclesiastical courts, to which, in its general constitution, it bears a great resemblance. The law by which its proceedings are governed is composed of such parts of the civil law as treat of maritime affairs, together with the laws of Oleron and other maritime laws, with such corrections, alterations, or amendments as have been introduced by Acts of Parliament, or usage which has received the sanction of legal decisions. (Blackstone, Commentaries, iii. 68, 106.) In criminal matters the Court of Admiralty has, partly by common law, partly by a variety of statutes, cognizance of piracy and all other indictable offences committed either upon the sea or on the coasts, when beyond the limits of any English county; and this (at least since the time of Edward III.) to the exclusion of the jurisdiction of the courts of common law. With respect to certain felonies, committed in the main stream of great rivers below the bridges, the common law and the Admiralty have a concurrent jurisdiction. The mode of proceeding in the Admiralty courts in criminal trials, like that in all other suits there, was anciently superior courts of common law; and is empowered to direct new trials, or to grant or refuse them; the exercise of the last-mentioned right to be subject to appeal. Other alterations are made, for which reference should be made to the act. according to the course of the civil and maritime law, until, in the reign of Henry VIII., a statute was passed which enacted that these offences should be tried by commissioners of oyer and terminer under the king's great seal, and that the proceedings should be according to the The Prize Court is the only tribunal law of the land. (Blackstone, Commen- for deciding what is, and what is not, taries, iv. 268; Hale, Pleas of the Crown, lawful prize, and for adjudicating upon ii. 16.) By 7 & 8 Geo. IV. c. 28, all all matters civil and criminal relating to offences tried in the Court of Admiralty prize. By " prize" is to be understood are to be punished in the same manner as every acquisition made jure belli (by the if committed on land. (§ 12). A similar law of war), which is either itself of a provision is introduced in 9 Geo. IV. maritime character, or is made, whether e. 31, for consolidating and amending the at sea or by land, by a naval force. All law relating to offences against the per- acquisitions by war belong to the soveson. (§ 32). In the act for establishing reign power in the state, but are usually, the Central Criminal Court in London by the law of each particular state (as in (4 Wm. IV. c. 36), the judges are em- England by several acts of parliament), powered to determine offences committed distributed in certain proportions among within the jurisdiction of the Admiralty the persons who took or assisted in taking of England, and to deliver the gaol of them. But the property in the thing Newgate of any person committed for captured is held by English jurists, any such offence. (§ 22). The Admiralty agreeably to the general practice of the sessions are held twice a year, in March law of nations, not to be absolutely taken and October, at the Old Bailey. The from the original owners, until, by the judge of the Admiralty presides, and two sentence of a properly authorized court, of the common law judges sit with him. it has been condemned as lawful prize. The proceedings do not usually occupy We had, as it should appear, no court more than three or four days in the year. authorized to adjudicate on property capBy 3 & 4 Vict. c. 65, which is an act tured by land-forces, or booty, as it is "to improve the practice and extend the commonly termed by writers on the law jurisdiction of the High Court of Admi- of nations; but, when occasion required, ralty of England," the Dean of Arches is commissioners were specially appointed empowered to sit as assistant to or in for the purpose. The 3 & 4 Vict. c. 65, place of the judge of the court; and advo-enacts that the High Court of Admiralty cates, surrogates, and proctors of the Court of Arches are admitted in the Court of Admiralty. The judge of the Admiralty is empowered to make rules of court, and is to enjoy all the privileges which pertain to the judges of the superior courts. There is a clause which enables the court to try any questions concerning booty of war which may be referred to it by the Privy Council. The court is empowered to adjudicate on claims for services and necessaries to any ships which may not have been off the high seas, but within the body of a county, at the time when such services were rendered. Evidence may be taken viva voce in open court, or before commissioners. The court can direct issues on questions of fact arising in any suit to be tried before some judge of the shall have jurisdiction to decide all matters and questions concerning booty of war when referred to it by the Privy Council. (§ 22.) But property captured by the naval force forms the peculiar province of the Prize Court of the Admiralty. "The end of a Prize Court," says Lord Mansfield, " is to suspend the property till condemnation; to punish every sort of misbehaviour in the captors; to restore instantly, if upon the most summary examination there does not appear sufficient ground; to condemn finally, if the goods really are prize, against everybody, giving everybody a fair opportunity of being heard." (Douglas's Reports, p. 572, &c.) The Prize Court has also jurisdiction in matters of capture in port or on land, when the being 2500l. and the fees 3200l. About a thousand cases a year were determined by the court during the war. (Evidence of Dr. Nichol before Select Committee on Admiralty Courts, in 1833; reprinted in 1843 by order of the House of Commons.) The Prerogative and Admiralty Courts were presided over by one judge on two occasions in the last century, from 1710 to 1714, and from 1773 to 1778. The Parliamentary Committee of 1833 recommended that the two judges of these courts should sit interchangeably, when occasion may require, either in one court or the other. capture has been effected by a naval force, | Scott averaged 5700l. a year, the salary or a mixed naval and military force. Vessels taken under the treaties for the suppression of the slave-trade are adjudicated by a mixed commission, composed of English and foreign commissioners. In 1840 an act was passed (3 & 4 Vict. c. 66) to make provision for the judge, registrar, and marshal of the Court of Admiralty. It fixes the salary of the judge at 4000l., with a retiring pension of 2000l. after fifteen years' service, or on becoming permanently disabled from performing his duties. It also prohibits the judge from sitting in parliament. The salary of the registrar is 1400l., without fees. In time of war, or in case of a great increase of business, the registrar's salary may be increased to 2000l. He must perform his duties personally; but if, in case of illness or absence, he neglects for two days to appoint a deputy, the judge is empowered to appoint one, and to fix his salary, which is to be paid out of the salary of the registrar. The registrar is appointed by the judge, and must be a proctor of not less than ten years' standing. In case of necessity, the judge may direct the registrar to appoint an assistant, subject to the approval of the judge, with a salary of 1200l. One of the duties of the registrar is to attend the hearing of appeals before the Privy Council, instead of the registrars of the Court of Chancery, on whom this duty devolved under 3 & 4 Wm. IV. c. 41. The marshal's salary is 500l., without fees, and may be increased to 800l. in time of war, or if the business of the court should increase sufficiently. The fees of the court are carried to an account called the fee fund, out of which all the officers are paid except the judge. The business and fees of the Court of Admiralty are always much greater in time of war. From 1778 to 1782 Judge Marriot received 4500l. a year, the salary being 8007., and the fees averaging 3700l. a year. On the return of peace his salary was increased to 9807.; and his total income during the peace averaged 1380l. a year. In 1794 the salary of the office was increased by the addition of 400l. a year. In the first ten years of the French revolutionary war, the income of Sir W. All sovereign states which are engaged in maritime war establish Admiralty Courts, for the trial of prizes taken by virtue of the commissions which they have granted. In determining prize cases, the Admiralty proceed on certain general principles which are recognised among civilized nations. Thus the commission which empowers the Prize Court to determine cases of prize, requires it to "proceed upon all and all manner of captures, seizures, prizes, and reprisals of ships and goods, which are or shall be taken, and to hear and determine according to the course of the Admiralty and the law of nations." The Court of Admiralty for Scotland was abolished by 1 Wm. IV. c. 69. The representative of the nominal head of the court (the Lord High Admiral) was the judge; and there were inferior Admiralty jurisdictions, in which the law was administered by admirals-depute. The cases formerly brought before this court are now prosecuted in the Court of Session, or in that of the sheriff, in the same way as ordinary civil causes. The Court of Justiciary has become the tribunal for the decision of the more important maritime offences. The inferior jurisdictions not dependent on the High Court of Admiralty were not abolished by the above act. (Burton's Laws of Scotland.) There is an Admiralty Court in Ireland, but a prize commissioner has never been sent to it. By $ 108 in the Corporations Reform Act (5 & 6 Wm. IV. c. 76) all chartered Admiralty jurisdictions were abolished, but that of the Cinque Ports, attached to the office of Lord Warden, | This was called adrogatio, from rogare, to propose a law. In the case of adrogatio, it was required that the adoptive father should have no children, and that he should have no reasonable hopes of any. In either case the adopted child became subject to the authority of his new father; passed into his family, name, and sacred rites; and was capable of succeeding to his property. Clodius, the enemy of Cicero, passed by this ceremony of adrogatio from the patrician to the plebeian class, in order to qualify him to be tribune. was expressly reserved. In several of our colonies there are Courts of Vice-Admiralty, which not only have authority both as Instance Courts and Prize Courts, but have also, in certain revenue cases, concurrent jurisdiction with the colonial Courts of Record. (Stokes, On the Colonies, p. 357.) From the Vice-Admiralty Courts of the colonies an appeal lies, in instance causes, to the Court of Admiralty in England; and from the Court of Admiralty in England an appeal lies, in instance causes (whether originating in that court or coming before it by appeal), to the king in council; to which body the powers in maritime as well as ecclesiastical causes were transferred from the High Court of Delegates by 2 & 3 Wm. IV. c. 92. From prize causes, whether in the ViceAdmiralty Courts or in the Court of Admiralty in England, the appeal lies directly to certain commissioners of appeal in prize causes, who are appointed by the king under the great seal, and are usually members of his privy council, and whose appointment is generally regulated or recognised by treaties with foreign nations. For the law on the whole of this subject, see Dr. Browne's View of the Civil Law, and the Law of the Admiralty; and Comyn's Digest, tit. "Admiralty." ADMIRALTY, DROITS OF. [DROITS OF ADMIRALTY.] The history of Rome abounds with instances of adoption. Thus one of the sons of L. Æmilius Paulus, the conqueror of Macedonia, was adopted by the son of Scipio Africanus the Elder, and thus acquired the name of Publius Cornelius Scipio; he was also called Æmilianus, to point out the family of his birth; and when he had destroyed Carthage, in the third Punic war, he received, like his adoptive grandfather, the appellation of Africanus, and is usually spoken of in history as Scipio Africanus the Younger. Women could not adopt a child, for by adoption the adopted person came into the power, as it was expressed, of the adopter; and as a woman had not the parental power over her own children, she could not obtain it over those of another by any form of proceeding. Under the emperors it became the practice to effect adrogatio by an Imperial Rescript, but this practice was not introduced till after the time of Antoninus Pius (A.D. 138-161). ADOPTION, from the Latin adoptio. By the Roman law, if a person had no children of his own, he might make those of any other person his children by There was also adoption by testament: adoption. The relation of father and son thus Julius Cæsar the Dictator adopted at Rome originally differed little from his great nephew Octavius, who was that of master and slave. Hence, if a thenceforth called Caius Julius Cæsar person wished to adopt the son of another, Octavianus, until he received the appelthe natural father transferred (manci- lation of Augustus, by which he is gepated) the boy to him by a formal sale nerally known. But this adoption by before a competent magistrate, such as testament was not a proper adoption, the prætor at Rome, and in the provinces and Augustus had his testamentary adopbefore the governor. [MANCIPATION.]tion confirmed by a Lex Curiata. AuThe father thus conveyed all his paternal rights, and the child, from that moment, became in all legal respects the child of the adoptive father. If the person to be adopted was his own master (sui juris), the mode of proceeding was by a legislative act of the people in the comitia curiata. gustus in his lifetime adopted his stepsons Tiberius Nero and Claudius Drusus, the former of whom succeeded him in the empire. (Tacitus, Ann. i. 3; Suet. Tiberius, 15.) Tiberius, by the order and during the lifetime of Augustus, adopted his nephew Germanicus, though |