Online Encyclopedia

ADJUDICATION (Lat. adjudicatio; adjud...

Online Encyclopedia
Originally appearing in Volume V01, Page 193 of the 1911 Encyclopedia Britannica.
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ADJUDICATION (
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Lat. adjudicatio; adjudicare, to award)
  , generally, a trying or determining of a case by the exercise of judicial power; a
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judgment . In a more technical sense, in
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English and
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American law, an adjudication is an order of the bankruptcy courts by which a debtor is adjudged bankrupt and his
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property vested in a trustee . It usually proceeds from a
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resolution of the creditors or where no composition or scheme of arrangement has been proposed by the debtor . It may be said to consummate bankruptcy, for not till then does a debtor's property actually vest in a trustee for division among the creditors, though from the first act of bankruptcy till adjudication it is protected by a receiving order . As to the effect which adjudication has on the bankrupt, see under BANKRUPTCY . The same
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process in Scots law is called
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sequestration . In Scots law the
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term " adjudication " has quite a different meaning, being the name of that
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action by which a creditor attaches the heritable, i.e. the real, estate of his debtor, or his debtor's heir, in order to appropriate it to himself either in payment or security of his debt . The term is also applied to a proceeding of the same nature by which the holder of a heritable right, labouring under any defect in point of form, gets that defect supplied by decree of a court .

End of Article: ADJUDICATION (Lat. adjudicatio; adjudicare, to award)
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