Page:Black's Law Dictionary (Second Edition).djvu/43

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ADJECTIVE LAW 35 County, 108 Iowa, 232, 78 N. W. 824; Hennessy v. Douglas County, 91) Wis. 119, 74 N. W. 983; Yard v. Ocean Beach Ass‘n. 49 N. J. Eq. 300. 24 All. 729; Henderson v. Long, 11 Fed. Cais. 10$-i; Yuba County v. Kate Hayes Min. Co., 141 Cu]. 360, 74 Pnc. 10-19; United States v. St. Anthony R. Co.. 192 U. S. 52-}, % Sup. Ct. 333, 48 L. Ed. 548. But see Miller v. C.ibell, Si Ky. 184; In re Sadler, 1-12 Pa. 511, 21 At]. 978.

ADJECTIVE-LAW. The aggregate of rules of procedure or practice. As opposed to that body of law which the courts are esiubiished to administer, (called “substantive l.iw,') it means the rules according to which the substantive law is administered. That part of the law which provides a method for enforoing or maintaining rights, or obtulning redress for t].ieir invasion.

ADJOIIWING. The word "adjoining," in its etymological sense, means touching or mntiguous. us distinguished from ijing near to or adjucent. And the some meaning has been given to it when used in statutes see ADJACENT.

ADJOURN. To put off; defer; postpone. To postpone action of a convened court or body until another time specified, or indelimtely, the latter being usunlly cniied to ad- journ sine die. Bispliam v. Tucker. 2 N. J. Law. 25.5.

The primnry signification of the term "od- journ" is to put (iii or defer to another d-.1y specified. But it has acquired also the meaning of suspending business for a—de- lei-ring, del.iying. Probnbly, without some llmltution. it wouid, when used with reference to a sale on foreclosure, or any ] proceeding. properiy inciude the fixing of the time to which the postponement was nnde. i.u Fzirge v. Van Wugcneu, 14 now. Prac. (N. I.) 54; People v. Martin. 5 N. Y. 22..

ADJOURNAL. A term applied in Scotch law nnd practice to the records of the criminal courts. The original records of criminal tiiais were called “bnkis of adiorunle." or "books of adjournnl." few of which are now extant An "act of udjournal" is an order of the court of justiciary entered on its min- IJH).

Adjouriinmentnm eat ad diam dicere ten diem dare. An ailjournmcnt is to appoint :1 dny or give a day. 4 Inst. 27. Hence the formula “eat sine die."

ADJOURNATUR. L. Lat It is adjourned A word with which the old reports Very trequently conciude .1 case. 1 Lil. R-.iyru. I502-. 1 Show. 7: 1 Leon. 88.

ADJOURNED SIIMMONS. A summons taken out in the chambers of a juuge, and itfterwnids taken into court to be argued by counsel.


ADJOURNED TERM. In practice. A continuance, by adjournment, of a regular term. Harris v. Gest. 4 Ohio St 473; Kingsley v. Bngby. 2 Kan. App. 23, 41 Pnc. 9191. Distinguished from an “ndtlitionni term." which is a distinct te<_'m. Id. 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 oier the business which has been done, and the entries made at the regular term, continues. Van Dyke V. State, 2 Ala. 57.

ADJOURNMENT. A putting off or post- poning of business or of a session until n_u- otlier time or pince; the act of a court. leg- islntive body. public meeting, or officer, by which the session or nsscmbiy is dissolved. either temporarily or finally, and the busi- ness in hand dismissed from consideration, either definitely or for an interval, if the .l(ij0llI‘l1ll]0flt is final, it is said to be sine die.

In the civil law. A calling into court: a summoning at an appointed time Du C.inge —1_\d;|cmrnment day. A further day up pointed by the judges at the regular siitiugs ni msi‘ prius to try issue of fact not men ready for trmi.-—A¢Ijou1-nlnent day in error. In Engiish przLcLi('e. A day nppointed some dl_\'S before the end of the Lenn at which maucrs loft undone on the nflirmance dny are finished. 2 Tiiid, Pr. 11T6.—Ad.ianrnment in eyre. The appointment of a dny when the justices in eyre mean to sit agnjn. Cowell: Speliuun.

ADJITDGE. To pass upon judicially; to decide, settle, or decree; to sentence or condenin. Webb v. Bidwell. 15 Minn. 479, (GL1. 394;) Western As‘ r. Co. v. Klein. -is I\eb. 904. 67 N. W. 813; Bhiufus v. Peopie. bl! N. Y. 107. 23 Am. Rep. 148. Coinpiire Edw.irds V. 1-Iellings. 99 Fill. 214, 33 Pac. 799.

ADJUDICATAIRE. In Canadian law. A purchaser nt a sheriff's saie. See 1 Low. Can ‘All; 10 Low. Can. 325.

AD-IUDICATE. To settle in the exercise of judicial authoritzy. To determine finziiiy. Synonjnious with adjmlgc in its strictest sense. United States v. Ii'\vin, 127 U. S. 125, 8 Sup. Ct. 1033. 32 L. Ed. 9!); Street V. Beuner. 20 Flu. 700: Sans v. New York. 31 Misc. Rep. 559. (‘A N. Y. Supp. 681.

AD-IUDICATEE. in French and civil law. The 'plll'(‘ll:lSt‘.l‘ at a jl1(i.l(‘ifli sale. Brent V. New Orleans. 41 Ln. Ann. 1093, 6 South. 793.

ADJUDICATIO.}} In the civil law. An adjudication. The Judgment of the court that the subject-mutter is the property of one of the litlgrints; coufiruintion of title by judgment. Mackeld. Rom. Low, 5 201.

ADJUDICATION. The giving or pro- nouncing a judgrnent or decree in a cause; also the judgment given. The term is pri