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

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

—Assignment for benefit of creditors. 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



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’|. 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.


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