to ascertain and declare disputed rights. (This valuable form of action is peculiar to Scotland, and its absence in English law has justly formed the subject of regret by English judges.) Rescissory, such as reductions, for setting aside rights, and the evidences thereof; accessory, being supplementary to original actions, such as wakenings, transferences; supplementary, to introduce new parties or new demands into an original action. Civil actions are also divided into ordinary, which proceed on summonses, and only on the fixed Court days; and summary, which commence by petitions or complaints, and are proceeded with on any lawful day, even in the time of vacation of the ordinary Courts. In the Sheriff Court all actions are now instituted by petitions, but still are necessarily dealt with in a more summary form where the case demands greater despatch. All actions before the justices partake of the nature of summary procedure, and are mostly regulated by special statutes, the provisions of which, as to form, must be closely followed, or that introduced by the Criminal Procedure Act, 27 and 28 Vict. c. 53 (1864).—See case of Gardner (Justiciary), Jan. 1865.

ACTOR AND ALTER (abbreviated thus-Act. Alt.). The former precedes the name of counsel or agent for a pursuer; the latter, that of the counsel or agent for a defender. Where either is absent, it ought so to be marked; where there is no agent on one side, it is marked 'party.'

ADHERENCE, ACTION OF—A preliminary action, preparatory to that of divorce, on the head of desertion, which latter, under the Act 1573, c. 55, may be raised in the Court of Session (coming in place of the Commissaries of Edinburgh), after four years' malicious or wilful absence of one of the spouses. The action of adherence could only be instituted in the Sheriff Court (coming in place of the inferior Commissary), unless the defender was abroad, when it might be instituted in the Court of Session-1 Will. Iv. c. 69; 6 and 7 Will. IV. c. 41; but, by the statute 13 and 14 Vict. c. 36, s. 16 (1850), actions of adherence and all other consistorial actions are now only competent in the Court of Session. The preliminary action may be raised after one year's desertion, and the wife may therein introduce a conclusion for aliment.-See the Conjugal Rights Act, 24 and 25 Vict. c. 86 (1861).

Justiciary.

ADJOURNAL, BOOKS OF-The name given to the records of the Court of ADJOURNMENT. The minute of adjournment of cases ought to be subscribed by the quorum of justices sitting in Petty Sessions, and by the chairman in Quarter Sessions, and ought in criminal cases to be made to a day certain, and not to a blank or future day not mentioned.-22d Jan. 1840, Malonie (Justiciary). In jury cases there can be no adjournment, except in cases of prolonged trials, when the diet is continued from day to day, and the jury kept under charge of the officers of Court.

ADJUDICATION FOR DEBT is the mode of attaching heritages for the proprietor's debt. It is peculiar to the Court of Session, except when directed against the heritage of a deceased debtor (contra hæreditatem jacentem), which might be and was sometimes carried through in the Sheriff Court. But since the Act 10 and 11 Vict. c. 48, abolishing separate charges, such actions in the Sheriff Courts appear to be doubtful. 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 effectual.

ADJUSTMENT, in the law of insurance, is fixing the amount of loss, and proportion to be paid by the underwriters.

ADMINICLE-A written article of evidence. Such is absolutely necessary to support an action to prove the tenor of a lost deed or writing, and which action

is privative to the Court of Session. But a lost document may be proved incidentally where it does not form the sole evidence of the claim or discharge.

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.-See Abortion.

ADMINISTRATOR, in England, is nearly analogous to an executor-dative in Scotland, appointed 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 minor-pupil, and as a consenter, like as a curator, for the minor above pupillarity (12 in a girl and 14 in a boy). 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 Will. 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 £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 Vict. c. 119 (1838). And by the recent Act, 13 and 14 Vict. 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 mandatary who may be liable for costs. In England the Admiralty Court exists as a separate tribunal, regulated by 28 Hen. VIII. 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 Vict. c. 65 and 66.

ADMISSIONS must be taken with their intrinsic qualifications.-23d Nov. 1854, M'Intosh, 27 Jur. 23.

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

ADULTERATION OF FOOD. The first Act was the 23 and 24 Vict. c. 84 (1860), 'for preventing the adulteration of articles of food or drink.' This was followed by an amended statute including drugs-35 and 36 Vict. c. 74 (1872). Both Acts are repealed by 38 and 39 Vict. c. 63 (1875), which is now the existing statute. Its title is to repeal the Adulteration of Food Acts, and to make better provision for the Sale of Food and Drugs in a pure state.

1. Repeal of statutes 23 and 24 Vict. c. 84; 31 and 32 Vict. c. 121, s. 24; 33 and 34 Vict. c. 26, s. 3; and 35 and 36 Vict. c. 74, except in regard to any appointment made under them and not then determined, and in regard to any offence committed against them, or any prosecution or other act commenced and not concluded or completed, and any payment of money then due in respect of any provision thereof.

Note. The sections above repealed are in the Pharmacy Acts, and superseded by this statute.

2. Interpretation of Words.-The term 'food' shall include every article used for food or drink by man, other than drugs or water.

The term 'drug' shall include medicine for internal or external use.

The term 'county' shall include every county, riding, and division, as well as every county of a city, or town not being a borough.

The term 'justices' shall include any police and stipendiary magistrate invested with the powers of a justice of the peace in England, and any divisional justices in Ireland.

3. Description of Offences.-No person shall mix, colour, stain, or powder, or

order or permit any other person to mix, colour, stain, or powder, any article of food with any ingredient or material so as to render the article injurious to health, with intent that the same may be sold in that state, and no person shall sell any such article so mixed, coloured, stained, or powdered, under a penalty in each case not exceeding fifty pounds for the first offence; every offence, after a conviction for a first offence, shall be a misdemeanour, for which the person, on conviction, shall be imprisoned for a period not exceeding six months, with hard labour.

4. No person shall, except for the purpose of compounding as hereinafter described, mix, colour, stain, or powder, or order or permit any other person to mix, colour, stain, or powder, any drug with any ingredient or material so as to affect injuriously the quality or potency of such drug, with intent that the same may be sold in that state, and no person shall sell any such drug, so mixed, coloured, stained, or powdered, under the same penalty in each case respectively as in the preceding section for a first and subsequent offence.

5. Provided that no person shall be liable to be convicted under either of the two last foregoing sections of this Act in respect of the sale of any article of food, or of any drug, if he shows, to the satisfaction of the justice or Court before whom he is charged, that he did not know of the article of food or drug sold by him being so mixed, coloured, stained, or powdered as in either of those sections mentioned, and that he could not with reasonable diligence have obtained that knowledge

6. No person shall sell, to the prejudice of the purchaser,' any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, under a penalty not exceeding twenty pounds; provided that an offence shall not be deemed to be committed under this section in the following cases; that is to say,

(1.) Where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof;

(2.) Where the drug or food is a proprietary medicine, or is the subject of a patent in force, and is supplied in the state required by the specification of the patent;

(3.) Where the food or drug is compounded as in this Act mentioned;

(4.) Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.

7. No person shall sell any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser, under a penalty not exceeding twenty pounds.

8. Provided that no person shall be guilty of any such offence as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended fraudulently to increase its bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice, by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.

1 The Justiciary Court have found that the offence is not committed nor the penalty incurred where the purchase has been made for the purpose of being analyzed, the same not being to the prejudice of the purchaser, and that the adulteration must be by the introduction of foreign substances.-14th Dec. 1877, Davidson v. M'Leod, Law Reporter, 198. A somewhat similar decision has been given in England-Barnes v. Chipp, 47 L. J. Rep. M. C. 85.

9. No person shall, with the intent that the same may be sold in its altered state without notice, abstract from an article of food any part of it so as to affect injuriously its quality, substance, or nature, and no person shall sell any article so altered without making disclosure of the alteration, under a penalty in each case not exceeding twenty pounds.

10. Appointment and Duties of Analysts, and Proceedings to obtain Analysis.In the city of London and the liberties thereof the Commissioners of Sewers of the city of London and the liberties thereof, and in all other parts of the metropolis the vestries and district boards acting in execution of the Act for the better local management of the metropolis, the Court of Quarter Sessions of every county, and the Town Council of every borough having a separate Court of Quarter Sessions, or having under any general or local Act of Parliament or otherwise a separate police establishment, may, as soon as convenient after the passing of this Act, where no appointment has been hitherto made, and in all cases as and when vacancies in the office occur, or when required so to do by the Local Government Board, shall, for their respective city, districts, counties, or boroughs, appoint one or more persons possessing competent knowledge, skill, and experience, as analysts of all articles of food and drugs sold within the said city, metropolitan districts, counties, or boroughs, and shall pay to such analysts such remuneration as shall be mutually agreed upon, and may remove him or them as they shall deem proper; but such appointments and removals shall at all times be subject to the approval of the Local Government Board, who may require satisfactory proof of competency to be supplied to them, and may give their approval absolutely or with modifications as to the period of the appointment and removal, or otherwise: Provided that no person shall hereafter be appointed an analyst for any place under this section who shall be engaged directly or indirectly in any trade or business connected with the sale of food or drugs in such place.

In Scotland, the like powers shall be conferred, and the like duties shall be imposed upon, the Commissioners of Supply at their ordinary meetings for counties, and the Commissioners or Boards of Police, or where there are no such commissioners or boards, upon the Town Councils for boroughs within their several jurisdictions; provided that one of Her Majesty's Principal Secretaries of State in Scotland shall be substituted for the Local Government Board of England.

Provision for Ireland.

11. The Town Council of any borough may agree that the analyst appointed by any neighbouring borough, or for the county in which the borough is situated, shall act for their borough during such time as the said council shall think proper, and shall make due provision for the payment of his remuneration, and if such analyst shall consent, he shall during such time be the analyst for such borough for the purposes of this Act.

12. Any purchaser of an article of food or of a drug in any place being a district, county, city, or borough where there is any analyst appointed under this or any Act hereby repealed, shall be entitled, on payment to such analyst of a sum not exceeding ten shillings and sixpence, or if there be no such analyst then acting for such place, to the analyst of another place, of such sum as may be agreed upon between such person and the analyst, to have such article analyzed by such analyst, and to receive from him a certificate of the result of his analysis.

13. Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable under the direction and at the cost of the local authority appointing such officer, inspector, or constable, or charged with the execution of this Act, may procure any

sample of food or drugs, and if he suspect the same to have been sold to him contrary to any provision of this Act, shall submit the same to be analysed by the analyst of the district or place for which he acts, or if there be no such analyst then acting for such place to the analyst of another place, and such analyst shall, upon receiving payment as is provided in the last section, with all convenient speed analyse the same and give a certificate to such officer, wherein he shall specify the result of the analysis.

14. The person purchasing any article with the intention of submitting the same to analysis shall, after the purchase shall have been completed, forthwith notify to the seller or his agent selling the article his intention to have the same analysed by the public analyst, and shall offer to divide the article into three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall, if required to do so, proceed accordingly, and shall deliver one of the parts to the seller or his agent. He shall afterwards retain one of the said parts for future comparison, and submit the third part, if he deems it right to have the article analysed, to the analyst.

Note. It is a condition precedent to a conviction, that the purchaser should notify to the seller his intention to have the article analysed.-Barnes v. Chipp, 26 W. R. 635.

15. If the seller or his agent do not accept the offer of the purchaser to divide the article purchased in his presence, the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts, and shall cause it to be delivered, either upon receipt of the sample or when he supplies his certificate to the purchaser, who shall retain the same for production in case proceedings shall afterwards be taken in the matter.

16. If the analyst do not reside within two miles of the residence of the person requiring the article to be analysed, such article may be forwarded to the analyst through the post office as a registered letter, subject to any regulations which the Postmaster-General may make in reference to the carrying and delivery of such article, and the charge for the postage of such article shall be deemed one of the charges of this Act or of the prosecution, as the case may be.

17. If any such officer, inspector, or constable, as above described, shall apply to purchase any article of food or any drug exposed to sale, or on sale by retail on any premises or in any shop or stores, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably requisite, and the person exposing the same for sale shall refuse to sell the same to such officer, inspector, or constable, such person shall be liable to a penalty not exceeding ten pounds.

18. The certificate of the analysis shall be in the form set forth in the schedule hereto, or to the like effect.

19. Every analyst appointed under any Act hereby repealed, or this Act, shall report quarterly to the authority appointing him the number of articles analysed by him under this Act during the foregoing quarter, and shall specify the result of each analysis and the sum paid to him in respect thereof, and such report shall be presented at the next meeting of the authority appointing such analyst, and every such authority shall annually transmit to the Local Government Board, at such time and in such form as the Board shall direct, a certified copy of such quarterly report.

20. Proceedings against Offenders.-When the analyst, having analysed any article, shall have given his certificate of the result, from which it may appear that an offence against some one of the provisions of this Act has been committed, the person causing the analysis to be made may take proceedings for the recovery of

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