Blacks Law Dict. 1st ed

ADJACENT

ADELANTADO

ADEQUATE REMEDY. Onevested in the complainant, to which he may at all times resort at his own option, fully and freely, without let or hindrance. 54 Conn. 249. ADESSE. In the civil law. To be pres ent; the opposite of abesse. Calvin. ADFERRUMINATIO. In the civil law The welding together of iron; a species of adjunctio, (q. v.) Called also ferruminatio. Mackeld. Rom. Law, § 276; Dig. 6, 1, 23, 5. ADHERENCE. In Scotch law. The name of a form of action by which the mut ual obligation of marriage may be enforced by either party. Bell. It corresponds to the English action for the restitution of conjugal rights. ADHERING. Joining, leagued with, cleaving to; as, "adhering to the enemies of the United States." Rebels, being citizens, are not "enemies," within the meaning of the constitution; hence a conviction for treason, in promoting a rebellion, cannot be sustained under that branch of the constitutional definition which speaks of "adhering to their enemies, giving them aid and comfort." 2 Abb. (U. S.) 364. ADHIBERE. In the civil law. To ap ply; to employ; to exercise: to use. Adhi bere diligentiam, to use care. Adhibere vim, to employ force. ADIATION. A term used in the laws of Holland for the application of property by an executor. Wharton. ADIEU. L. Fr. Without day. A com mon term in the Year Books, implying final dismissal from court. ADIRATUS. Lost; strayed; a price or value set upon things stolen or lost, as a rec ompense to the owner. Cowell. ADIT. In mining law. A lateral en trance or passage into a mine; the opening by which a mine is entered, or by which water and ores are carried away; a horizontal exca vation in and along a lode. 9 Colo. 207,11 Pac. Rep. 80; 6 Colo. 278. ADITUS. An approach; a way; a pub lic way. Co. Litt. 56a. ADJACENT. Lying near or close to; contiguous. The difference between adja cent and adjoining seems to be that the for mer implies that the two objects are not widely separated, though they may not actual

ADELANTADO. In Spanish law. A governor of a province; a president or presi dent judge; a judge having jurisdiction over a kingdom, or over certain provinces only. So called from having authority over the judges of those places. Las Partidas, pt. 3, tit. 4, 1. 1. ADELING or ATHELING. Noble; excellent. A title of honor among the An glo-Saxons, properly belonging to the king's children. Spelman. ADEMPTIO. Lat. In the civil law. A revocation of a legacy; an ademption. Inst. 2, 21, pr. Where it was expressly trans ferred from one person to another, it was called translatio. Id. 2, 21, 1; Dig. 34, 4. ADEMPTION. The revocation, recalling, or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by him in his life, though such acts do not amount to an ex press revocation of it. "The word * ademption» is the most significant, because, being a term of art, and never used for any other purpose, it does not suggest any idea for eign to that intended to be conveyed. It is used to describe the act by which the testator pays to his legatee, in his life-time, a general legacy which by his will he had proposed to give him at his death. (1 Bop. Leg. p. 365.) It is also used to denote the act by which a specific legacy has be come inoperative on account of the testator hav ing parted with the subject." 16 N. Y. 40. Ademption, in strictness, is predicable only of specific, and satisfaction of general legacies. 9 Barb. 36, 56; 3 Duer, 477, 541. ADEO. Lat. So, as. Adeo plene et in tegre, as fully and entirely. 10 Coke, 65. "ADEQUATE CAUSE." In criminal law. Adequate cause for the passion which reduces a homicide committed under its in fluence from the grade of murder to man slaughter, means such cause as would com monly produce a degree of anger, rage, re sentment, or terror, in a person of ordinary temper, sufficient to render the mind inca pable of cool reflection. Insulting words or gestures, or an assault and battery so slight as to show no intention to inflict pain or in jury, or an injury to property unaccompanied by violence are not adequate causes. 2 Tex. App. 100; ? Tex. App. 396; 10 Tex. App. 421. ADEQUATE CONSIDERATION. One Which is equal, or reasonably proportioned, to the value of that for which it is given. 1 Story, Eq. Jar. §§ 244-247.

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