Page:Black's Law Dictionary (Second Edition).djvu/105

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ASSIGNMENT

8. In bankruptcy proceedings, the word designates the setting over or transfer of the bankrupt‘: estate to the assiguee.

—Aisig1i.uient for benefit of cz-ed._itox-ii. Ar. iisaie-imexit whereby a debtor, general an indvmi. transfers to another his property. in trail in NI his dehte or apply the property you iii-i irvymcnt. Van Patten v. Burr. 52 ' . 524-Assignment of

-pertaining a widow's right of dow-

nr lay '.i_rLi: out or marking olf one-third of ha ikrvuwi husband's lands, and setting 0E during life. Bettie v. Mi.- 3. 34 South. 813. 97 Am. SL Rep. 5 Assignment of error. See i:'imoii.—A:sig-nment with, " _An iidguineiit for the benefit of credilois. \_7Vl|h irvrtiana tn the assigncc to prefer a B|')e(‘lfi(_3d auditor or i.'i!l5S of creditors, by paying their ddins in lull iwfore the others receive any (ini- itnd, or in some other m.-inner More usiially Imned a "preferential assi,-;nment."—Fo1-eign nus‘ ent. Au ussigrimcnt made in (1 forekii l‘.".lI|’lil"_\', or in another state. 2 Kent, ‘ 40", ct 8er].—General assignment. Licnt made for the benefit of till the ussficim 4 -rerlitors. instead of :1 low only: or uu Vilith rum‘--s the whale of his estate to Ifl*:lI0v in-vvsrl of a, part onlv. Ron-r ml mi v. Fiiiiiiu;-. 101 N. 1'. ">04 5 ' 4.'ll; l'i:ilnry v. Conncl 111 Aln. "" 4-iii: Fllussoy T. Nnyc . Vt. 47 .—Vo1untiu-y assignment, assignment for the benefit of his creditors made by a debtor voluntary: as dist‘ E‘ u from a C0l'DPlliS0l'_y as- .-vicimiint which takes plnce by operation of law in piwectlings in bankruptcy or insolvency. Prnnmvlily it means an assignment of a debt- or‘: pm:-arty in trust to pay his debts genomi- [_v, in llirim-lion from a transfer of property to I pnrliriilnr creditor in payment of his demand. ‘it to a conveyance by way of coiinteral wuirity or mortzage. Dias v. Bouchnud. 10 Paige. (N. Y.) 445.


{{anchor+|.|ASSIGNOR. One who makes an assignment of any kind; one who assigns or transfers property.

{{anchor+|.|ASSIGNS. Assignees: those to whom property shall have been tra.nsferrcd. Now ieldom used except in the phrase. in deeds. ‘heirs, administrators, and assigns." Grant I". Carpenter. 8 R. I. 36: Baily v. De Gresplguy, 10 Best. & S. 12.

{{anchor+|.|ASSISA. In old English and Scotch law. Au iissise; a kind of jury or iiiqiiest; a writ; a sltiliil of 21 court; il.l'l ordiimiice or statute; a iix-vi or specific time, number. quantity, qiin1IL\. DHCP, or weight; a tribute. line. or fax: a ':-xii action; the name of a writ. See AZR.

—i‘isslsa su-moi-inn. Assise of arms. A stut-

IIC or mvli.i- lire requiring the keeping of arms

fur the rnnmon defense Hale. Coin. Law. c. IL:-in ntinnnnda. An ancient in

and to the justices of ussisn for the con-

_ bin If a cause, when certnin facts put in

7C! child not have been firovid in time hr the

‘:1! allowing them. lit" Orig. 217.-Assiiis.

n-lon. The se of Clan-ndon. A

at v mnsmic paved in the tenth _VE‘lI of

M- Ii‘, 'I1lJl.'[] those thiit were .-icciised of

‘ in, Name, and not able to purge them-

Iu lut mint ulijiire the realm. had lilierty

dirty -lus to stay and trv what siicr-or they

ICU _l!( 0! their friends towards their suste-

uzinm in eviie. Bract. fol. 136; Co. Litt. 15941;

Bl.Law Dict.(2d Ed.)—7


97

{{anchor+|.|ASSISE

Cowell.n—Assina do for-estn. Aaslsc of, the

rest; a statute coucerning orders to be ob- served in the royal forests.~—AssiIa do mensux-is. Assise of measures. A common rule for weights and measures established throughout England by Richard I’. in the eighth year of his reign. Huie. Com. Iiiiw. c. 7.—Assisa. do noenmento. An assise of nuisance: a writ to abate or redress a nuisanct-.—Asgisa de nt- rum. An obsolete wiit, which lay for the parson of a church whose predecessor had ailflil ited the land and rents of it.—Assisa fz-is-.-an fox-tiaa. Assise of fresh force, which se4=.—Assisa mortis d’a.ni:esto1-1|. Assise of mart d'»uiccal.or, which sce.—Assiiia. nova: di.esey- aiiizn. Assise of uoiel disseisin, which si-c

“ ' piuais e ' ' Assisc of brisid and ale, or beer. The name of a statute [).‘i‘-'iI'd in the fifty-first year of Henry III.. containing rogiiiations for the sale of iirr.-ad and iiie: sometimes called the “i=t:itiitc nf bread and air ' C Litt 159i); 2 Iicev Hist. Eng. Law. 5!‘ ’.ract. loi. .—Assiiia. pr-oroganda. An obsoicte writ, which was directed to the judges assigned to take assiscs, to stay procccdings, by reason of a party to them being employed in the king's business. Reg. Orig. "UR. —Assiss. iiltiniaa prznsent ' is. L\h-\l5S of duriein pres:-ntme-ut. (q. v.)—Assise. verna- liiim. The ussise of salabie couimodiijes, or of things exposed for sale.

{{anchor+|.|ASSISA CADERE. To tall in the assise; ii. 0.. to be onsuited Covreli; 8 Bl. Comm. 402.

—Aiislsa cadlt in _iu.i-atnni. (toms) into :i jury: versy to trial by jury.

The assise faiis hence to suhinit ti contro-

{{anchor+|.|ASSISE, or ASSIZE. 1. An ancient species of court. consisting of a certain niimber of men. usiiiilly twelve. riho were sum- nioned together to try a disputed c.iuse. performing the functions of a jury, except that they gave a verdict from their own investigation nnd knowledge and not upon evidence adduced. From the fact that they sat together. (assi'ilco.) they were called the “assise." See Bract 4, 1. 6; Co. Litt. .':’i3D. 1591).

A court composed of an asscinhlv of knights and other suhstantial men, with the baron or justice, in a certain place, at an appointed time. Grand Cou. cc. 24. 25.

2. The verdict or judgmcnt of the jurors or recognitors of assise. 3 Bl. (‘nmm. 57. 59.

B

3. In modern Eu lisli law, the name "as- J

sises" or “osslzes" is given to the court. time, or place whcxc the judges of -issise and n.tiw' priiis, who are sent by special com- mission {mm the crown on circuits th1'\‘il1_L'h the kingdom. proceed to take indictmi-nts. and to try such disputed causes issuing out of the courts at Westminster as are then ready for trial, with the assistance of a jury from the particular county; the regu- iar sessions at the judges at ms! pri'u.v.

4. Anything reilur-ed to a Certainty in re-

spect to time. nuiuhcr. quantity, quality. weight, measure. etc Spelmau

5. An ordinance, statute, or regulation Spelman gives this meaning of the viord the fii-st place among his definitions. ol-seirviiig

M