KFLCC Kingdom Law 2nd Ed.

35

ADJECTIVE LAW

ADJUDICATION

ADJOURNED TERM. In practice. A continuance, by adjournment, of a regular term. Harris v. Gest, 4 Ohio St. 473; Kings ley v. Bagby, 2 Kan App. 23, 41 Pac. 991. Distinguished from *n "additional term," which is a distinct term. ld. An adjourned term is a continuation of a previous or reg ular 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. Van Dyke v. State, 22 Ala. 57. A putting off or post poning of business or of a session until an other 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 or finally, and the busi ness in hand dismissed from consideration, either definitely or for an interval. If the adjournment 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 ap* pointed by the judges at the regular sittings at »tst prius to try issue 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 matters left undone on the affirmance day are finished. 2 Tidd, Pr. 1176.— Adjournment in eyre. The appointment 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. Webb v. Bidwell, 15 Minn. 479, (Gil. 394;) Western Assur. Co. v. Klein, 48 Neb. 904, 67 N. W. 873; Blaufus v. People, 69 N. Y. 107, 25 Am. Rep. 148. Compare Edwards v. Hellings, 99 Cal. 214, 33 Pac. 799. 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. United States v. Irwin, 127 U. S. 125, 8 Sup. Ct 1033, 32 L. Ed. 99; Street v. Benner, 20 Fla. 700; Sans v. New York, 31 Misc. Rep. 559, 64 N. Y. Supp. 681. In French and civil law.. The purchaser at a judicial sale. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793. 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 judgment, Mackeld. Rom. Law, § 204. The giving or pro nouncing a judgment or decree in a cause; also the judgment given. The term is prin- ADJOURNMENT. ADJUDICATAIRE. ADJUDICATEE. ADJUDICATION.

County, 108 Iowa, 232, 78 N. W. 824; Hen nessy v. Douglas County, 99 Wis. 129, 74 N. W. 983; Yard v. Ocean Beach Ass'n, 49 N. J. Eq. 306, 24 Atl. 729; Henderson v. Long, 11 Fed. Cas. 1084; Yuba County v. Kate Hayes Min. Co., 141 Cal. 360, 74 Pac. 1049; United States v. St. Anthony It. Co., 192 U. S. 524, 24 Sup Ct. 333, 48 L. Ed 548. But see Miller v. Cabell, 81 Ky. 184; In re Sadler, 142 Pa. 511, 21 Atl. 978. 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. See ADJACENT. To put off ; defer; postpone. To postpone action of a convened court or body until another time specified, or indefi nitely, the latter being usually called to ad journ sine die. Bispham v. Tucker, 2 N. J. Law, 253. 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. La Farge v. Van Wagenen, 14 How. Prac. (N. Y.) 54; People v. Martin, 5 N. Y. 22. A term applied in Scotch law and practice to the records of the crim inal 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. Adjouraamentum est ad diem dicere sen 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 adjourn ed. A word with which the old reports very frequently conclude a case. 1 Ld. Raym. 602; 1 Show. 7; 1 Leon. 88. ADJOURNED SUMMONS. A summons taken out in the chambers of a judge, and afterwards taken into court to be argued by counsel. ADJOURN. ADJOURNAL.