Page:Black's Law Dictionary (Second Edition).djvu/101

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the plucking them up by the roots and utterly destroying them. so that they can never arieriiiirii grow. This is not an ollfense if done uith license to convert forest into tilluu ground. Consult 1lImi.icood's Forest Luirs, pt. I, p. 171. Wharton.

{{anchor+|.|ASSASSINATION. Mnrder committed I’ni hire, witiiout provocation or cause of us.-utmeut given to the murderer by the parsuii upon whom the Crime is conimitted. Ersk. Inst. 4. 4, 45.

.\ murder comniitterl treachetously, or by stmlth or surprise, or by lying in wait.

{{anchor+|.|ASSATH. An ancient custom in Wells. by which a person accused of crime could clo'ir himseif by the oaths of three hundred men. it iias aliolished by St. 1 Hen. V. 0. 6. ('iai\'ell: Siveimau.

{{anchor+|.|ASSAULT. An unlawful attempt or offor on the part of one man, with torce or iiilvise to inflict a bodily hurt niion an- other.

A\“ attempt or offer to beat another, without touching him; as if one litts up his cane or his flat in a threatening manner at an- oilier; or strikes at him, but misses him. 3 ill. Comm. 120; 3 Steph. Comm. 469.

.4ivyim:ntcd assault is one committed with the intention of committing some adilitional crime; or one attended wiih circumstances or peculiar ontragc or atrocity. Simple as- mml! is one committed with no Intention to do any other Injury.

.\n aso iult is an unlawful attempt. coupied

in-,li a present ability. to commit a violent inaur; [fa the person of another. Pen. Code Cal.

assault is an attempt to commit a violent )ry o-1n3:_t_he person of another. Code Ga. , H

-in assanit is any willful and uniawtui attempt or offer, with force or violence. to (lo a go Uorsi hurt to another. Pen. Code Dak.

.1 i).

-in assault is an oller or an attempt to do 11. curporsl injury to another: as by striking at him wiih the hand, or with a stick, or by flinhn: the flst at him, or presenting a gun or Illilll‘ weapon within such distance as that a hurt mlcht be given, or drawing a sword and hiunxli-Luis‘. it in a. menacing manner; provid- ul I1» art is done uith inieut to do some cori.-Jhil «~ ~. I‘ni'vd Statns v. Hand. 2 “fash. (L C -12.1, Furl C515. No. 15 2‘l'i'.

.\r. I..«m|l is an attempt ith force or vio- . '4 up u corporal i iiry to anotl.ier_ and any “'L‘.Ii of any act l(‘L|i'lll g to si h corporal ‘nun.-. -mmw A with such Ci"C1lE[A.:llLC5 fl vinwe at Ihs time an intention. coupled with win pr-=---if ability, of using actual rio- h4lvf\I'_':i I e person. Hays v. People. 1 ' I.‘ . . vi n--m a is an attempt or offer, with force

n . to do a cniporiii hurt to another. m malice or wzintonness, with such

i as denote, at the time, an intent, coupled with a present ahiiity Tarver V.

bulk‘: to turn‘ an-h intention into effect. -‘tut. ¢'. Ala. 35-}.

.\u bvfldlit is an intentional attempt, by violma. to do an injury to the person of another.

It mist he intentional; (or, if it can he collea-Q. notwithstanding appearances to the contrary. that there is not a present purpose to do an injury, there is no ussuull. State v. Davis. 23 N. C. 127. 35 Am. Dec. 735.

In order to constitute an assault there must he somelhin-..: more than a mere menace. There must be violence begun to be executed. But. where there is :1 clear intent to commit iinlence. accompanied by acts which it not interrupted. wiil be followed by personal injury, the fiulcncc is commenced and llie assault is complete. I'eo- pie v. Yslus. 27 Cal. 633.

Simple assault. An offer or attempt to do bodily harm u hich falls short of an actual battery: an oller or attempt to beat another, but without touching him: for exnmpie, a blciv delivered uithiii stiikiu;-. distance, but whirh does not reach its mark. See State v. Light- sey. 43 S. C. 114. 20 S. E. 97.‘); Norton v. State. 14 Tex. 393.

{{anchor+|.|ASSAY. The proof or trial, by chemical experiments, of the purity or hneness of met- als.—p2iiticularly of the precious metals, gold and silver.

A trial of weights and measnres by 11 standard: as by the constituted authorities. clerks of markets. etc. Reg. Orig. 280.

A trial or examination of certain commod- ities, as bread. cloths. etc. Cowell; Biuunt. —Asss.y ofiiee. The stuff of persons by whom (or the building in which) the process of assay- inz gold and silver, required by government. in.- girlstritial to maintaining the coinage. is can-


{{anchor+|.|ASSAYER. One whose hnsliiess it is to make assays of the precious metals. —Assayer of the king. An officer at the royal mint, appointed by SL 2 Hen. VI. c. 12. who received and tested the bullion taken in for coining: nlso culled “aiisn/yutor regis." Cow- ell: Termes de in Ley.

{{anchor+|.|ASSECURARE. To assure, or make se-

cure h_v pledges, or any solemn interposition of faith Cowell; Spelman.

{{anchor+|.|ASSECURATION. In European law. Assurance; insurance or a vessel. freight, or cargo. Ferriere.

{{anchor+|.|ASSECURATOR. i.nsurer. (aocrsar periculi.) Mar. lib. 2. c. 5. 5 10.

In maritime law. An Loco. de Jure

{{anchor+|.|ASSEDATION. In Scotch law. An old term. used imliscriminately to signify a lease or fen-right. Bell: Ersk. Inst. 2. 6, 20.

{{anchor+|.|ASSEMBLY. The concourse or meeting together of a considerable numlier of persons at the same phco. Also the persons so gathered.

Popular assemblies are those where the people meet to deliberate upon their rights; these are guaranteed by the constitiition. Const. U. S. Amend. art. 1.

The lower or more numerous branch of the lecisliiture in many of the states is also cali- ed the "Assembly" or “House of Assembly.’ but the term seems to be an appropriate one to designate any political meeting required to he held by law.

—Assembly general. The highest ecclesiastical court in Scotland. composed of a repre