Blacks Law Dict. 1st ed

ADJUDICATION

ADMENSURATIO

tions are voluntary, judicial, or administra tive. Duverger. In Scotch law. A species of diligence, or process for transferring the estate of a debt or to a creditor, carried on as an ordinary ac tion before the court of session. A species of judicial sale, redeemable by the debtor. A decreet of the lords of session, adjudging and appropriating a person's lands, heredita ments, or any heritable right to belong to his creditor, who is called the "adjudger," for payment or performance. Bell; Ersk. Inst. c. 2, tit. 12, §§ 39-55; Forb. Inst. pt. 3, b. 1, c. 2, tit. 6. ADJUDICATION CONTRA ILffilRE DITATEM JACENTEM. In Scotch law. When a debtor's heir apparent renounces the succession, any creditor may obtain a decree cognitionis causd, the purpose of which is that the amount of the debt may be ascer tained so that the real estate may be ad judged. ADJUDICATION IN IMPLEMENT. In Scotch law. An action by a grantee against his grantor to compel him to complete the title. ADJUNCTIO. In the civil law. Ad junction; a species of accessio, whereby two things belonging to different proprietors are brought into firm connection with each other; such as interweaving, (intertextura;) weld ing together, (adferruminatio;) soldering together, (applumbatura;) painting, (pict ura;) writing, (scriptura;) building, {in cediftcatio;) sowing, (satio;) and planting, (plantatio.) Inst. 2, 1, 26-34; Dig. 6, 1, 23; Mackeld. Bom. Law, § 276*. See ACCESSIO. ADJUNCTS. Additional judges some times appointed in the English high court of See Shelf. Lun. 310. ADJUNCTUM ACCESSORIUM. An accessory or appurtenance. ADJURATION. A swearing or binding upon oath. ADJUST. To bring to proper relations; to settle; to determine and apportion an amount due. ADJUSTMENT. In the law of insur ance, the adjustment of a loss is the ascer tainment of its amount and the ratable dis tribution of it among those liable to pay it; the settling and ascertaining the amount of the indemnity which the assured, after all al lowances and deductions made, is entitled to receive under the policy, and fixing the pro

portion which each underwriter is liable to pay. Marsh. Ins. (4th Ed.) 499; 2 Phil. Ins. §§ 1814, 1815. Adjuvari quippe nos, non decipi, bene flcio oportet. We ought to be favored, not injured, by that which is intended for our benefit. (The species of bailment called "loan" must be to the advantage of the bor rower, not to his detriment.) Story, Bailtn. § 275. See 8 El. & Bl. 1051. ADLAMWR. In Welsh law. A pro prietor who, for some cause, entered the service of another proprietor, and left him after the expiration of a year and a day. He was liable to the payment of 30 pence to his patron. Wharton. ADLEGIARE. To purge one's self of a crime by oath. ADMANUENSIS. A person who swore by laying his hands on the book. ADMEASUREMENT. Ascertainment by measure; measuring Out; assignment or apportionment by measure, that is, by fixed quantity or value, by certain limits, or in defi nite and fixed proportions. ADMEASUREMENT, WRIT OP. It lay against persons who usurped more than their share, in the two toliowing cases: Ad measurement of dower, where the widow held from the heir more land, etc., as dower, than lightly belonged to her; and admeasurement of pasture, which lay where any one having common of pasture surcharged the common. Termes de la Ley. ADMEASUREMENT OP DOWER. In practice. A remedy which lay for the heir on reaching his majority to rectify an assign ment of dower made during his minority, by which the doweress had received more than she was legally entitled to. 2 Bl. Comm. 136; Gilb. Uses, 379. In some of the states the statutory pro ceeding enabling a widow to compel the as signment of dower is called "admeasurement of dower." ADMEASUREMENT OP PASTURE. In English law. A writ which lies between those that have common of pasture append ant, or by vicinage, in cases where any one or more of them surcharges the common with more cattle than they ought. Bract, fol. 229a; 1 Crabb, Real Prop. p. 318, § 358. ADMENSURATIO. In old English law. Admeasurement. Beg. Orig. 156, 157.

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