to those functions of tlic j;ov(Mnnicnt exereispd tlirough tlic executive and judicial departments. It eonipreliends all the activities of the State except those relating to the makiufj of laws by the legislature. The organization of administration may be divided into two kiiuls, centralized and localized. In small States the administrative system must necessarily have a municipal rather than a Federal character. Thus, in the States of ancient Greece and Kome and of media'val Italy we find the system suited to the w'ants of a single town. Wlien the State expanded beyond these dinu'nsions, the municipality was transformed into a centralized form of government. Administration in American politics is a general term given to the Federal or a State executive government. Our national administration is composed of the President and his Cabinet. The term does not always cover the actions of the majority in the legislative branches, as fre- quently this majority is antagonistic to the administration. We speak of Washington's ad- ministration, meaning the Federal executive gov- ernment during the time in which he was Pres- ident: and of the policy, acts, omissions, errors, etc., of tile administration of the nation or of any State. The supjiortcrs of the oliicials at the time in power are called the administration party. The term is used in England and on the continent in somewhat similar manner, but in England, the administration, which is repre- sented by the premier and his cabinet, is always composed of members of the party having the legislative majority.
Administation, In I, WW A term applied to the management and disposal of a de- ceased person's estate. It includes payment of debts, getting in of credits and choses in action belonging to the deceased person, and the distribu- tion of his personal estate to his legatees or next of kin. Anciently, the king as parenn patrii administered decedent's estate through his ofTi- cers. By the statute of Westminster II. this duty was delegated to the ordinary, and by later statute he was directed to grant admin- istration to the husband or wife or next of kin of the decedent. To-day the jurisdiction over decedents' estates is coniniilted in England to the Court of Probate, and in the United States to courts variously known as probate courts, surrogates' courts, and orphans' courts. The of- ficer of administration, if appointed by will, is called an executor; if not nominated by will and appointed by the court having jurisdiction over decedent's estates, he is called an administrator. An administrator may be temporar;/. when he is appointed pending litigation upon the cpicstion as to who is entitled to administer upon the es- tate; or irith the tcill annexed, when the w'ill faileil to name an executor, or the executor named fails to qualify for his office; or <le bonis non, that is, to administer upon the goods not administered by a prior administrator, who no longer retains liis ollice because of deatli or re- moval. Administration may also be ancillary, in which ease the ollicer of the administration is said to be an ancillary' executor or adminis- trator. The distin<'tion is a consequence of the rule that the place of administration is the domi- cile of the decedent, and that the administrative officer has no authority outside the jurisdiction where he is appointed or confirmed. Thus, when a decedent leaves property in two jurisdictions, his estate should lie administered in the jurisdiction of his domicile, and the administrative ollicer, in order to act in the other jurisdiction, should obtain an appointment ancillary to his appointment in the domiciliary jurisdiction. It is then his duty to transmit the assets to the jurisdiction of domicile, to be there administered. H.V the canon law, the administrator or executor becomes vested with title to the decedent's per- sonal jiroperty. This is still the rule by statute in most jurisdictions.. In ailditioii to the duties already referred to, special duties might be im- posed upon an executor by the will. In most jurisdictions the administrator, and in some the executor, is required to give a bond for the faith- ful performance of his duties. He remains bound on bis obligation, and subject to the direction of the court, until his final accounting and dis- charge by order of the court. See Schouler, Treatise on the Laie of Exeeutors and Adminis- trators, third edition ( Boston, 1901 ); Woerner, Treatise on the American Law of Administra- tion, second edition (Boston, 1899); Williams, Treatise on the Law of Legal Hcpresentatives (London, I SUP).
ADMINISTRATION, Military. A form of
government which lakes the place of the civil
governing powers in regions placed under mar-
tial law. The city of Paris, during the war
with Germany, 187l)-71, and Cape Cidony, South
Africa, during the recent Boer War, are cases in
point. See Martial Law.
ADMIN'ISTRA'TIVE LA'W. That part of
the law which regulates tlic enforcement of the
will of the State as expressed by the authorities
which are permitted by the governmental sys-
tem to express that w'ill, particularly the legis-
lature. Since it is necessary under all govern-
mental systems that authorities be formed for
the purpose of enforcing the law, administrative
law treats, in the first jilace, of the organization
of the administrative authorities. This portion
of the administrative law determines the orga-
nization of the administrative authorities, both
those having jurisdiction over the entire State
( who arc known as central administrative
authorities), and those having jurisdiction over
only a iiortion of the State, who are known as
local authorities. In the Lfnited States, e.g.,
the administrative law treats: of the Presideni;;
the heads of the Federal executive departments
and their subordinates (both at Washington and
in the districts into which the country is divided
for ]iiirposes of Federal administration, such as
the customs and internal revenue districts);
the State governor end State officers generall.v;
or the county, town, and city officers. Since no
iidministrative oflicer may legally take any ac-
ticui which he is not authorized by the law to
take, the administrative law treats, in the second
]ilace, of the jiowcrs and duties of administrative
officers: in other words, of administrative func-
tions. Finally, since there is no use in delimit-
ing by law the powers and duties of adminis-
trative officers, unless some means is provided of
preventing them from exceciling their powers and
forcing them to perform thfir duties, administra-
tive law treats of the remedies alTorded in case
of an excess of power or violation of duty.
American administrative law thus embraces cer-
tain well defined minor branches of the .Vmeriean
law. such as the law of otricers, the law of muni-
cipal corporations, the law of taxation, the law
of public nuisances (whether common law or
