To make a matter res judicata there must be concurrence of four conditions: identity - in the thing sued for, of the cause of action, of the parties to the action, and of the quality in the persons.1 Transit in rem judicatam. It passes into a thing adjudicated; it becomes a judgment. Applies to a contract upon which a judgment has been obtained.2 1. To dispense, supply, furnish, give: as, to administer poison, or a stupefying mixture. Not simply to prescribe or give a drug, but to direct and cause it to be taken.º That offense is not to be confined to the manual administering of poison. So construed, the law would be substantially without effect, and would not reach the large class of offenders at whom it is aimed. "Administer" has a far more extended meaning - to furnish or cause to be furnished and taken, to give or cause to be taken, by any mode. 10 Etymologically, applicable to anything that can be done by the hand to or for another. Neither fraud 1 Atchison, &c. R. Co. v. Commissioners, 12 Kan. 135 (1873). See 11 Pet. 100; 2 Sumn. 436; 15 F. R. 300; 28 Minn. 179, 180; 76 Mo. 38; 85 N. C. 456; 42 N. J. L. 117; 18 Johns. 463; 19 S. C. 156. 3 L. ad-justus, according to right. See 3 Kent, 240, 335; 2 Phillips, Ins. §§ 1814-15. * Richardson v. Woodbury, 43 Me. 214 (1857). 3 Bl. Com. 183, 238; 3 Kent, 418. L. adminiculum, a prop. • See 1 Greenl. Ev. § 606. • [Robbins v. State, 8 Ohio St. 165 (1857). 10 [La Beau v. People, 34 Ν. Υ. 232-33 (1866). nor deception is a necessary ingredient in the act of administering poison. To force poison into the stomach of another; to compel another by threats of violence to swallow poison; to furnish poison to another for the purpose and with the intention that the person shall commit suicide therewith, and which poison is accordingly taken for that purpose; or to be present at the taking of poison by a suicide, participating in the taking by assistance, persuasion, or otherwise, although the party intends and agrees himself also to commit suicide, - each is a mode of "administering" poison. The word does not then always imply service. See ATTEMPT; NOXIOUS. of the goods which cannot be administered under the limited power already granted.1 Administration cum testamento annexo. With the will attached - to the letters. The Latin words are abbreviated c. t. a. Obtains either when no executor is named or when he who is named will not or cannot serve. The incumbent follows the statute of distributions, unless otherwise directed by the will. The administrator, in such case, succeeds to all the ordinary powers of the executor. When the will expressly constitutes the executor a trustee for some 2. To dispense, direct the application of: special purpose, or vests in him a discretionary power as, to administer the law, justice.2 Administrable. Capable of being administered or rendered effective: as, an administrable decree or law. 3. To propound the form of; to give, tender: as, to administer an oath. 4. To manage, to settle: as, to administer the estate of an intestate or of a testator who has no executor. Administered. Applied to legal ends or uses; opposed to unadministered: as, the administered or unadministered effects of a decedent.3 Administrator. A man appointed by a competent court to settle the affairs of a decedent's estate. Administratrix. A woman charged with that duty. The former word is generally used, in statutes and decisions, to designate the officer. Administration. The service rendered, or the charge or duty assumed, in the settlement of a decedent's estate.4 While administrator designates a representative named by the court, in opposition to an executor, who is designated by will, administration may mean the management of an estate by either an executor or an administrator. See REPRESENTATIVE, (1). Maladministration; misadministration. In law-books, in which they are often interchanged, these words mean wrong administration.5 Waste and embezzlement are examples. Administration ad colligendum. For collecting - and preserving perishable goods.6 Administration cæterorum. Of the rest - 1 Blackburn v. State, 23 Ohio St. 162-64 (1872); 11 Fla. 256; 4 Car. & P. 368. 2 See 3 Bl. Com. 72. in reference to some matter outside of the ordinary powers and duties of an executor, or charges him with some duty indicating a special confidence reposed in him, such duty or power does not pass to an ordinary administrator.2 Administration de bonis non. Concerning goods not - already disposed of. The Latin words are abbreviated d. b. n. Occurs where another administrator has died, or been discharged, leaving a part of the estate unsettled. Administration de bonis non, cum testamento annexo. Upon goods not administered, and with the will annexed to the letters. The Latin words are abbreviated d. b. n., c. t. a. Occurs where an executor has died, or been discharged, leaving a part of the estate yet to be settled. An administrator de bonis non cannot sue the former administrator or his representative for a devastavit or for delinquencies in office, because the latter is liable directly to creditors and the next of kin. The former has to do only with the goods of the intestate unadministered. If any such remain in the hands of the discharged administrator or his representative, in specie, he may sue for them either directly or on the bond. Regularly, a decree against the administrator for an amount due, and an order for leave to prosecute his bond, are prerequisites to the maintenance of a suit thereon.3 But otherwise, under statutes. The preceding administration must have become vacant by resignation, removal, or death. Administration durante absentia. During absence - when the absence of the proponent of a will or of the executor delays or imperils settlement of the estate.5 Administration durante minori ætate. During minority - while the executor named is under lawful age; at common law seventeen. 1 See 1 Will. Exec. 585. 2 Pratt v. Stewart, 49 Conn. 339 (1881). Powers as to realty, 24 Am. Law Reg. 689-706 (1885), cases. 3 Beall v. New Mexico, 16 Wall. 540-42 (1872), cases; See United States v. Walker, 109 U. S. 263-64 (1883). United States v. Walker, 109 U. S. 260-61 (1883), cases. 4 See 2 Bl. Com. 490; 92 N. Y. 74; 18 S. C. 351. Minkler v. State, 14 Neb. 183 (1883); Martin v. Ellerbe, 70 Ala. 339 (1881); 37 id. 399; 108 U. S. 199, 206. 2 Bl. Com. 505. Sims v. Waters, 65 Ala. 443 (1880). See also Conklin v. Egerton, 21 Wend.