英文法律词典 A-59

ADJUDICATIONS, Scotch¹ law. Certain proceedings² against debtors⁴, by way of actions, before the court of sessions and are of two kinds, special and general.

2. – 1. By statute⁵ 1672, c. 19, such part only of the debtor³'s lands is to be adjudged to the principal sum and interest of the debt, with the compositions due to the superior, and the expenses of infeoffment, and a fifth part more, in respect the creditor⁶ is obliged to take landsfor his money but without penalties or sheriff fees. The debtor must deliver to the creditor a valid⁷ right to the lands to be adjudged, or transumpts thereof, renounce⁸ the possession in his favor, and ratify⁹ the decree of adjudication: and the law considers the rent of the lands as precisely¹⁰ commensurate to the interest of the debt. In this, which is called a special adjudication, the time allowed the debtor to redeem¹¹ the lands adjudged, (called the legal reversion or the legal,) is declared to be five years.

3. – 2. Where the debtor does not produce a sufficient right to the lands, or is not willing to renounce the possession and ratify the decree, the statute makes it lawful¹² for the creditor to adjudge all right belonging to the debtor, in the same manner, and under the same reversion of ten years. In this kind, which is called a general adjudication, the creditor must limit his claim to the principal sum, interest and penalty, without demanding a fifth part more. See Act 1 Feb. 1684; Ersk. Pr. L. Scot,. (????) s. 15, 16. See Diligences.

ADJUNCTION. in civil law. Takes place when the thing belonging to one person is attached or united to that which belongs to another, whether this unionis caused by inclusion, as if one man's diamond be encased in another's ring; by soldering¹³, as if one's guard be soldered¹⁴ on another's sword; by sewing, as by employing the silk of one to make the coat of another; by construction; as by building on another's land; by writing, as when one writes on another's parchment; or by painting, when one paints a picture on another's canvas.

2. In these cases, as a general rule, the accessory follows the principal; hence these things which are attached to the things of another become the property of the latter. The only exception which the civilians¹⁵ made was in the case of a picture, which although an accession, drew to itself the canvas, on account of the importance which was attached to it. Inst. lib. 2, t. 1, 34; Dig. lib. 41, t. 1, 1. 9, 2. See Accession, and 2 Bl. Comm. 404; Bro. Ab. Propertie; Com. Dig. Pleader, M. 28; Bac. Abr. Trespass¹⁶, E 2. 1 Bouv. Inst. n. 499.

ADJUNCTS, English law. Additional judges appointed to determine causes in the High Court of Delegates, when the former judges cannot decide in consequence of disagreement, or because one of the law judges of the court was not one of the majority. Shelf. on Lun. 310.