ADDITION (Lat. additio, an adding to).
Whatever is added to a man's name by way of title or description, as additions of mystery, place, or degree. Cowell; Termes de la Ley ; 10 Wentw. Pl. 371; Salk. 5 ; 2 Ld. Raym. 988; 1 Wils. 244.
Additions of estate are esquire, gentleman, and the like.
These titles can be claimed by none, and may be assumed by any one. In Nash v. Batteraby (2 Ld. Raym. 986; 6 Mod. 80), the plaintiff declared with the addition of gentleman. The defendant pleaded in abatement that the plaintiff was no gentleman. The plaintiff demurrer, and it was held ill ; for, said the court, it amounts to a confession that the plaintiff is no gentleman, and then not the person named in the count. He should have replied that he is a gentleman.
Additions of mystery are such as scrivener, painter, printer, manufacturer, etc.
Additions of place are descriptions by the place of residence, as A. B. of Philadelphia, and the like. See Bacon, Abr. Addition; Doctr. Plac. 71; 2 Viner, Abr. 77 ; 1 Reg. 39; Cora. v. Lewis, 1 Mete. (Mass.) 151.
The statute of additions extends only to the party indicted. An indictment, there fore, need not describe, by any addition, the person upon whom the offence therein set forth is alleged to have been committed ; 2 Leach, Cr. Cas. (4th ed.) S61; Com. v. Var ney, 10 Cush. (Mass.) 402. And If an addi tion is stated, it need not be proved ; 2 Leach, Cr. Cas. (4th ed.) 547; 2 Carr. & P. 230. But where a defendant was indicted for marrying E. C., "widow," his first wife be
ing alive, it was held that the addition was material; 1 Mood. Cr. Cas. 303; 4 C. & P. 579. At common law there was no need of addition in any case; 2 Ld. Raym. 988 ; it was required only by stat. 1 Hen. V. c. 5, in cases where process of outlawry lies. In all other cases it is only a description of the person, and common reputation is sufficient ; 2 Ld. Raym. 849. No addition is necessary in a, Homine Repleg:ando; 2 Ld. Raym. 987; Salk. 5; 1 Wils. 244, 245; 6 Co. 67. See WOMAN.
Addition hi the law of mechanics' liens. An addition erected to a former building to constitute a building within the meaning of the mechanics' lien law must be a lateral addition. It must occupy ground without the limits of the building to which it con stitutes an addition ; so that the lien shall be upon the building formed by the addition, and not the land upon which it stands. An alteration in a former building by adding to its height, or its depth, or to the extent of its interior accommodations, is an altera tion merely, and not an addition ; 'Updike v. Skillman, 27 N. J. L. 132. See LIEN; ACCES SION.
In addition to means not exclusive of, but by way of increase or accession to. In re Daggett's Estate, 9 N. Y. Supp. 652.
In French Law. A supplementary process to obtain additional information; Guyot, Re pert,