Adjudications


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ADJUDICATIONS, Scotch law. Certain proceedings against debtors, by way of actions, before the court of sessions and are of two kinds, special and general.
     2.-1. By statute 1672, c. 19, such part only of the debtor'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 creditor is obliged to take lands for his money but without penalties or sheriff fees. The debtor must deliver to the creditor a valid right to the lands to be adjudged, or transumpts thereof, renounce the possession in his favor, and ratify the decree of adjudication: and the law considers the rent of the lands as precisely commensurate to the interest of the debt. In this, which is called a special adjudication, the time allowed the debtor to redeem 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 lawful 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.

References in periodicals archive ?
34(1), is to include both adjudications and withholds, unless the disposition is made pursuant to F.
This, in turn, may well lead to an increase in the percentage of matters decided in adjudications that go on to be litigated in the courts.
Students must perform in the Washington Music Educators Solo and Ensemble contest or the Washington State Music Teachers Adjudications.
We have no doubt whatsoever the main contractor has a case to answer and we will pursue our claim with confidence instilled by today's and previous adjudications.
This Note examines the fundamental problems with allowing a judge to count juvenile adjudications as prior convictions for sentence enhancement purposes, within the meaning of the Apprendi exception, without carefully scrutinizing the circumstances of the adjudication.
Of course it should have come as no surprise that governors' adjudications were going to be vulnerable to challenge under Article Six.
Even when adjudication results, young offenders usually receive probation.
SXC's RxPORTAL[TM] is a consumer-friendly, online decision support tool that enables beneficiaries to run real-time trial adjudications to compare the cost impact of prescription drug alternatives, based on their own benefit design.
We undertake about 80 adjudications a year, and somewhere in the region of 20 mediations.
While deemed critical, especially in making citizenship decisions, A-files are sometimes missing during adjudications.
As the construction industry has become more familiar and confident that the adjudicator's decision will be correct and enforceable, so the number of adjudications has escalated, said Mr Blizzard, whose firm has just completed its 100th.