, 1863-11-21

The Effect on the Record or an Ad-
tournament 10 In Adjourned Term.

by law, as eve1y lawyer who practices in the
Cn1ted States Court probably knows, there ere
two regular terms Of the Court during tho year.
Ore Of these terms commences on the first Monday
Of Jaly, md TIC other On the third Monday of
December. Dut the law also conftrs upon the
Cont power to hold adjourned terms, a privilege
Of which 1t avatls itself. Such ere the terms OF
March, May and October. At the conclusion Of
these te.ms the Court does not adjourn sine die,
brt simply adjourns to the first day Of the next
adjourned term, while at the end Of each Of the
two terms, which ara absolutely created and
established by law, and not merely held by the
Gfon,t famln ~ psIfssion OF the lar the Court i'd
The different effects resulting from these differ
ent ttpecles OF adjournment, suggest some emhar-
someWha singular Init they lave never YET ispen.
ed Into practical questions. demanding the ndjud-
ss {. as Cont na1 Rnt s Sst e as @ . q
journed term upon tbs record Of the Court, was
raised yesterday bsfore Judge Drummond It
ca.e @ Of jas. r soul1 and oilers ssainst the Feo-
ria ard OquAwka Rail1o ID End others, q decree
was 1endcscd IN the United States Court atrer the
Sale was made under The decree, and the sale
came up before the Court for confirmation in Oc-
tobe1. 1862. After the commencement OF the ad-
oulncd term Of October, 1859, and before the con-
hrmatton Of the eale, Sparks and Hughes fled
their claims against the Peoria and Oqnawka
Railroad for th1 amount OF a Judgment Obtained
against the zosd IN 1853 and asked that the decree
might be modified, SO far as to permit the petition
ere to share in the proceeds Of the sale undet the
decree, to the amount Of twenty si1 taousaud dol
lass, The case came mp 10: argument before Judge
D1nm.nond yesterday, and Joy. n opposition TO
the petitioners raecd tho point that the interven-
ton Of the adjournment preceding the October
term, had destroyed the power Of the Court over
Judge Drumuo1d remarked that the question
had never, formally, been made, but in tho prac-
rice OF the Court, it had been rather taken for
granted that when the Court did not adjourn sine
ale, It ntained the garne power ovcr Its DEGREES
that it had before the adjournment.
Mr. Joy said: This would be the case undo1bt-
ed1y we're the adjournment an ordinary one; bat
these terms art held BY the court, under power
granted by IN act Of Congress-, aud the tetms must
bc considered ae held By virtue Of the act Of Con
ordinsJy attributes Of term, and the adjourn
ment at Its tcrr.tnation, az followed by au the
legal consequences Of an adjournment at the end
Ths Cou1t-The only question Il, whether an
adjournment from particular time to particular
time has the s4me effect - when yo1 aojo1rn sine
ehsil Be lien tom the last day Of the term Nov
| the question has nerc1 come up, ont haEe q;
ways thought that when 1t did come up, It would
be deei5ea THAT the sn oonasnesa som tI ias , H.
holds 70 10 defeat the power Of The Court over
It's DEGREES from the lat day Of tbs djourued term,
T. + Mssriet, Ed, Who represented the .peti'
toDe1e, also pa1tictpated In the discussion- Refe
1cuce was had in the course Of It, to the lsugua e
Of I'd Curtis, 3as; .'Atter q dnA decree hss beeu
entered, and the Cont adjoa1Ds without day, ttt
| Court has DO further power over II" Il soeuef
10 be conceded Afterwards. however. that 70 cal
The adjournment at tho eud Of an adjourDed term
an adjournment stne die. would not alter it, char
I actef or tts effect upon the power OF the Cou1
over dec1ee.
decision Of the point thus made and argues
may or may cot be mate, In deciding the mail
question at fasue In the litigation out Of which /
a1ote.