Blacks Law Dict. 1st ed

87

ADJUDICATION

ADJECTIVE LAW

|y touch, while adjoining imports that they are so joined or united to each other that no third object intervenes. ADJECTIVE LAW. The aggregate of rules of procedure or practice. As opposed to that body of law which the courts are es tablished to administer, (called "substantive law,") it means the rules according to which the substantive law is administered. That part of the law which provides a method for enforcing or maintaining rights, or obtaining redress for their invasion. ADJOINING. The word "adjoining," In its etymological sense, means touching or contiguous, as distinguished from lying near to or adjacent. And the same meaning has been given to it when used in statutes. 52 N. Y. 397. See.ADJAOENT. ADJOURN. To put off; defer; postpone. To postpone action of a convened court or body until another time specified, or indefi nitely, tbe latter being usually called to ad journ sine die. The primary signification of the term "ad journ" is to put off or defer to another day specified. But it has acquired also the mean ing of suspending business for a time,—de ferring, delaying. Probably, without some limitation, it would, when used with refer ence to a sale on foreclosure, or any judicial proceeding, properly include the fixing of the time to which the postponement was made. 14 How. Pr. 58. See, also, 5 N. Y. 22. ADJOURNAL. A term applied in Scotch law and practice to the records cf the criminal courts. The original records of criminal trials were called "bukis of adiornale," or "books of adjournal," few of which are now extant. An "act of adjournal" is an order of the court of justiciary entered on its min utes. Adjournamentum est ad diem dicere seu diem dare. An adjournment is to ap point a day or give a day. 4 Inst. 27. Hence the formula "eat sine die." ADJOURNATUR. L. Lat. It is ad journed. A word with which the old reports very frequently conclude a case. 1 Ld. Baym. 602; 1 Show. 7; 1 Leon. 88. ADJOURNED SUMMONS. A sum mons taken out in the chambers of a judge, and afterwards taken into court to be argued by counsel. ADJOURNED TERM. In practice. A continuance, by adjournment, of a regular

term. 4 Ohio St. 473. Distinguished from an "additional term," which is a distinct term. Id. An adjourned term is a contin uation of a previous or regular term; it is the same term prolonged, and the power of the court over the business which has been done, and the entries made at the regular term, continues. 22 Ala. 57. ADJOURNMENT. A putting off or postponing of business or of a session until another time or place; the act of a court, leg islative body, public meeting, or officer, by which the session or assembly is dissolved, either temporarily orfinally,and the business in hand dismissed from consideration, either defini tively or for an interval. If the adjourn ment is final, it is said to be sine die. In the civil law. A calling into court; a summoning at an appointed time. Du Cange. ADJOURNMENT DAY. A further day appointed by the judges at the regular sittings at nisi prius to try issues of fact not then ready for trial. ADJOURNMENT DAY IN ERROR. In English practice. A day appointed some days before the end of the term at which mat* ters left undone on the affirmance day are finished. 2 Tidd, Pr. 1176. ADJOURNMENT IN EYRE. Theap pointment of a day when the justices in eyre mean to sit again. Cowell; Spelman. ADJUDGE. To pass upon judicially; to decide, settle, or decree; to sentence or con demn. ADJUDICATAIRE. In Canadian law. A purchaser at a sheriff's sale. See 1 Low. Can. 241; 10 Low. Can. 325. ADJUDICATE. To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense. ADJUDICATIO. In the civil law. An adjudication. The judgment of the court that the subject-matter is the property of one of the litigants; confirmation of title by judg ment. Mackeld. Rom. Law, § 204. ADJUDICATION. The giving or pro nouncing a judgment or decree in a cause; also the judgment given. The term is prin cipally used in bankruptcy proceedings, the adjudication being the order which declare! the debtor to be a bankrupt. In French law. A sale made at public auction and upon competition. Adjudiea

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