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ADJUDICATION (Lat. adjudicatio; adjud...

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Originally appearing in Volume V01, Page 193 of the 1911 Encyclopedia Britannica.
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ADJUDICATION (See also:Lat. adjudicatio; adjudicare, to See also:award) , generally, a trying or determining of a See also:case by the exercise of judicial See also:power; a See also:judgment. In a more technical sense, in See also:English and See also:American See also:law, an adjudication is an See also:order of the See also:bankruptcy courts by which a debtor is adjudged bankrupt and his See also:property vested in a trustee. It usually proceeds from a See also:resolution of the creditors or where no See also:composition or See also: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 See also:division among the creditors, though from the first See also: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 See also:process in Scots law is called See also:sequestration. In Scots law the See also:term " adjudication " has quite a different meaning, being the name of that See also:action by which a creditor attaches the heritable, i.e. the real, See also:estate of his debtor, or his debtor's See also:heir, in order to appropriate it to himself either in See also:payment or See also:security of his See also: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 See also:form, gets that defect supplied by See also:decree of a See also:court.

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

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