英文法律词典 A-58

ADEMPTION, wills. A taking away or revocation¹ of a legacy², by the testator.

2. It is either express or implied. It is the former when revoked⁴ in express terms by a codicil⁵ or later will; it is implied when by the acts of the testator it is manifestly his intention to revoke³ it; for example, when a specific legacy of, a chattel⁶ is made, and afterwards the testator sells it; or if a father makes provision for a child by his will and afterwards gives to such child, if a daughter, a portion in marriage; or, if a son, a sum of money to establish him in life, provided such portion or sum of money be equal to or greater than the legacy. 2 Fonbl. 368 et, seq. Toll⁷. Ex. 320; 1 Vern. R. by Raithby, 85 n. and the cases there cited. 1 Roper, Leg. 237, 256, for, the distinction between specific and general legacies⁸.

ADHERING. Cleaving⁹ to, or joining; as, adhering to the enemies of the United States.

2. The constitution of the United States, art. 3, s 3, defines treason against the United States, to consist only in levying¹⁰ war against them or in adhering to their enemies, giving them aid and comfort.

3. The fact that a citizen is cruising in an enemy's ship, with a design to capture or destroy American ships, would be an adhering to the enemies of the United States. 4 State Tr. 328 ; Salk. 634; 2 Gilb. Ev. by Lofft, 798.

4. If war be actually levied¹¹, that is, a body of men be actually assembled for the purpose of effecting by force a treasonable enterprise, all those who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy¹² are to be considered as traitors¹³. 4 Cranch. 126.

ADJOURNMENT¹⁵. The dismissal by some court, legislative¹⁶ assembly, or properly authorized¹⁷ officer, of the business before them, either finally, which is called an adjournment sine die, without day; or, to meet again at another time appointed, which is called a temporary adjournment. 2. The constitution of the United States, art. 1, s. 5, 4, directs that "neither house, during the session of congress, shall, without the consent of the other, adjourn¹⁴ for more than three days, nor to any other place, that that in which the two houses shall be sitting,." Vide Com. Dig. h. t.; Vin. Ab. h. t.; Dict. de Jur. h. t.

ADJOURNMENT-DAY. In English practice, is a day so called from its being a further day appointed by the judges at the regular sittings, to try causes at nisi prius.

ADJOURNMENT-DAY IN ERROR. In the English courts, is a day appointed some days before the end of the term, at which matters left undone¹⁸ on the affirmance day are finished. 2 Tidd, 1224.

ADJUDICATION, in practice. The giving or pronouncing a judgment¹⁹ in a cause; a judgment.