Adjudications

in the Scotch law, are certain proceedings against debtors, by way of actions, before the court of session; and are of two, kinds; special and general. 1. By statute 1672, c. 19, such part only of the debtor’s lands is to be adjudged as is adjudged to the principal sum and interest of the debt, with the compositions due to the superior, and expenses of infeftment, 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 favour, and ratify the decree of adjudication: and the law considers the rent of the lands ee as precisely commensurate to the interest of the debt. In this, which ss is called a special adjudication, the time allowed the debtor to redeem the lands adjudged, (called the legal 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 26 Feb. 1684; Ersk. Pr. L. Scot. B. 2, t. 12, s. 15, 16. See Diligences.