Page:Black's Law Dictionary (Second Edition).djvu/103

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ASSESSMENT 95 ASSETS


the persons taxed. Taxes must be levied. Without discrimination, equally upon all the sub- jerts of property; whilst assessments are only levied upon lands, or some other specific prop- erty, the subjects of the supposed benefits; to repay which the assessment is ievied. Ridenour v. Safiin. 1 Handy (Ohio) 464.

In corporations. Instalrnents of the money subscribed for shares of stock, called for from the subscribers by the directors, from time to time as the company requires money, are called "assessments," or, in England, “calls." Water Co. v. Superior Court, 92 Cal. 47. 28 Pae. 54, 27 Am. St Rep. 91; Spaiigler v. Railroad Co., 21 H1. 278; Stew- art v. Publishing Co.. 1 Wash. St 521, W ["iC 605.

The periodical demands made by a mutual insurance company, under its charter and by- lnns, upon the makers of premium notes, are also denominated "assessments." Hill r. insurance 00., 129 Mich. 141, 88 N. W. 3112.

Of damages. Fixing the amount of dam- ,-ps to which the stiuessful party in a suit is entitled after an interlocutory judgment bis been taken.

Asse;suient of damages is also the name given to the determination of the sum which a corporation proposing to take lands for a. public use must pay in satisfaction or the demand proved or the value taken.

In insurance. An apportionment made in general average upon the various articles and interests at risk, according to their value at the time and place of being in safety, for runtribution for damage and sacrifices purposely made, and expenses incurred for es- (ape from impending common peril. 2 Phil. lns. c. xv.

—-Assessment company. In life insurance. A i-nnipany in which a dentb loss is met by livying an assessment on [be surviving mem- !-as of the 8S50C.|:1EiDlJ. Mutuni Ben. L. Ins. 5h. v. Marye, 85 Va. 643, 8 S. E. 481.—As- aessment contract. One wherein the pay- irenl of the benefit is in any manner or degree alqenrlent on, the collection of an assessment loricil on persons hoiiiing similar contracts. l‘olkens v. Insurance Cu.. U8 Mu. App. 480. 72 S. W. 72 .—Assessment district. In taxation. Any subdivision of territory, whether the whole or part of any municipality, in which by lJlW a separate assessment of taxable property is made by the officcrs elected or appointed iliei.-i'or_ Rev. Stat. Wis. Kflfi, § 1031.-A9 sessinent fund. The assessment fund of ii miininl benefit association is the balance of the nu-uvments, less expenses, out of which bene-

liciuries are paid. Kerr v. Ben. Ass'n_ 3!) \l‘inii. 174. 39 N. W. 312, 12 Am. St. Rep. 631. -—Assessnient roll. In taxation. The list or

rrili of taxable persons and property, complet- rii, V€l'l’E(l, and deposited by the assessors, not -Is it appears after review and cipiaiizafion. lianlr v. Genoa, 28 lilisc. Rep. 71. 59 N. . ‘l"‘9; Adams v. Brennan, 72 Miss. 894. 13 .‘oiirb. 4S2.—Assessmen1: work. Under ihe in‘ non inns of the United States, the bold- nr of an unpatcnted mining ciiiim on the pub- ll'.‘ domain is required. in order to hoid his -him. to do labor or make improvements upon ll 10 the extent of at least one hundred dollars ii nob year. Rev. St. U. S. § 2324 Ill. S. hump. St 190]. n. ‘iflfil. This is commonly called by miners "doing assessment work."

ASSESSOR. An officer chosen or sppointcd to appraise, value, or assess property.

In civil and Scotch law. Persons skill- ed in law, selected to advise the judges of the inferior courts. Bell; Dig. 1, 22; Cod. 1. 51.

A person learned in some particular science or industry, who sits with the judge on the trial of a cause requiring such special knowl- edge and gives his advice.

In England it is the practice in admiralty business to call in assessors, in cases involving questions of navigation or seamaushlp. They are called “nautical assessors," and ure always Brethren of the Trinity House.

ASSETS. In probate law. Property of a decedent available for the payment of debts and legacies; the eshite coining to the heir or pcisonal representative which is charge- able. in law or equity, with the obligations which such hair or representative is required. in his representative capacity, to discharge

In an accurate and legal sense, all the personnl property of the deceased which is of a salable nature, and may be converted into ready money. is deemed assets. But the nord is not confined to such property; for all other prop- erty uf the deceased which is chargeable with his debts or legacies, and is appiiuible to that purpose, is, in a la no sense, assets. 1 Story. Ea. Jur. § 5711: Marvin v. Railroad Co. ((‘. C.) 49 Fed. 436. Trust (‘o. v. Earle, 0 . .

710. 4 Sup. Ct 231, 28 L. Ed. 301.

Assets per descent. That portion of the sncestor's estate which descends to the heir, and which is sufiicieut to charge him, as for us it goes, with the specialty debts of his ancestors. 2 Williams, Ex'rs, 1011.

In commercial law. The aggregate ot available propeity. stock in trade, cash, etc, belonging to a merchant or mercantile compauy.

The word "ossets,” though more generally used to denote everything which comes to the representatives of a deceased person, yet is by no means confined to that use, but has come to signify everything WlJI(‘h can be uncle available for the payment of debts, whether belonging to the estate of a deceased person or not. Hence we speak of the assets of a bank or other mon- led corporation, the assets of an insolvent debt- or, and the assets of an inilii-idiiai or private copiirtnei-ship; and we always use this word when we speak of the means V\lli(‘h a paity has, as compared with his iiahilities or tlehts. Staiitiin v. Lewi 20 Conn. 4-l-9; \-"aillen v. Hawkins. 59 Miss. 419: Pelican v. Rock 1*‘-ilis, 81 Wis. 428. 51 N. W. 871. 52 N. \’V 1049.

The property or effects of a bankrupt or insolvent, applicable to the payment of his dehts.

The term “assets" includes all property of every kind and nature. cburgcable with the debts of the bankrupt, that comes into the bands of and under the control of the assiznno; and the vaiue thereof is not to _be considered a ioss sum than that actually l‘9al.lZ(-‘ll out of said property, and received by the i gnee for It. I: ;-;=5'i‘aggert, 16 N. B. R. d. Pas. No.

—Assets entre mains. L. Fr. Assets in hand; assets in the hands of exemitors or ad-


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