Page:Black's Law Dictionary (Second Edition).djvu/106

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ASSISE 98

that statutes were in England called "assises" down to the reign of Henry III.

6. A species of writ, or real action, said to have been invented by Glanviilc, chief justice to llenry Il., and haiing for its ob- ject to determine the right of possession of lands, and to recover the possession. 3 Bi. Comm. 134, 135.

7. The whole proceedings in court upon a writ of assise. Co. Lltt. 15912. The verdict or finding of the jury upon such a writ. 3 Bl. Comm. 57.

--Assise of Clarendon. See ASSIsA.—Assize of domain presentment. A writ of assise which Eonnerly iay when a man or his ancestors under whom he claimed presented a clerk to a beneficc, who was instituted, and afterwards, upon the next avoidance, a stranger presented a clerk and thereby disturbed the real patron. 3 Bl. Comm. 2-13; St. 13 Edw. I. (“"2-stm. 2') c. :3. It has given way to the rem- edy by quars ¢'mpcd'it.—Assise of fresh force. In old Engilsb practice. A writ which iay hy the usage and custom of a city or borough. where a man was disseised of his lands and tenements in such city or borough. It was call- ed “fresh force," because it was to be sued with- in forty days after the party's title accrued to him. Fitzh. Nat. Brev. 7 C.—Asnise of mart d.’ancesto:'. A real action which iay to 11% cover lund of which a person had been deprived on the death of his ancestor by the abatement or intrusion of a stranger. 3 Bl. Comm. 185: Cu. Litt. 1590.. It was aholisiled by St. 3 & 4 Wm. IV. C. 2'l'.—Assise of novel disseisin. A writ of assise which lay for the recovery of lands or tenements, where the claimant had been lately disseised.—-Assise of nuisance. A writ of assise which lay where a nuisance had been committed to the complainant's froehoid; either for abatement of the nuisance or for dam- ages.—Assise of the forest. Astatute touching orders to be observed in the king’s forests. Munwood. 35.—AsniIa rents. The certain estnbtishnd tents of the trechoiders and ancient copyholdcls of a manor; so called because they are auiaed, or made precise and certain.- Grand nalize. A pecuiiar species of trial by jury. introduced in the time of Henry IL, giving the tenant or defendant in a writ of right the aiternnthe of a trial by battel, or by his peers. Ahnlishcd by 3 Sn 4 Wm. IV. c. 42, § 13. See 3 Bl. Comm. 341.

{{anchor+|.|ASSISER. An assessor; juror; au officer who has the care and oversight of weights and measures.

{{anchor+|.|ASSISORS. In Scotch law. Jurors; the persons who formed that kind at court which in Scotland was called an "asslse." for the purpose of inquiring into and judging divers clvi.l causes, such as perambulations, cognitions, moiestntions, purprestures, and other matters; like jurors In England. Hoithouse.

{{anchor+|.|ASSIST. To help; aid: succor; lend countenance or encouragement to: partici- pate in as an auxiliary. People v. Hayne, 33 Cni. 111, 23 Pac. 1, 7 L. R. A. 3-18. 17 Am. St. Rep. 2i]: Moss v. Peoples. 51 N. C. 142: Oolnitez v. Parkersou (C. O.) 50 Fed. 170.

Court of Assistance, Court of Assist- ants. See Comrr.

Writ of assistance. See Wan‘.

{{anchor+|.|ASSOCIATION

{{anchor+|.|ASSISTANT JUDGE. A judge of Hip English court of general or quarter sessions in Middlesex. He differs from the other justices in being a barrister 01! ten years‘ standing, and in being salaried. St. 7 A’: 8 Vict. c. 71; 22 & 23 Viol; c. 4: Pritch. Quar. Sess. 31.

{{anchor+|.|ASSISUS. heated or tarmed out for a specified assise; that Is, a payment of a certain assessed rent in money or provisions.

{{anchor+|.|ASSITHMENT. Weregeld or compensation by a pecuniary mulct. Cowell.

{{anchor+|.|ASSIZE. In the practice or the criminai courts of Scotland, the fifteen men who decide on the conviction or acquittal of an accused person are called the "s.ssize." though in popular language, and even in statutes,

they are called the "jury." Wharton. See Assras. {{anchor+|.|ASSIZES. Sessions of the justices or

commissioners of assize See Asslss.

{{anchor+|.|ASSIZES DE JERUSALEM. A code of feudal jurisprudence prepared by an assembly of herons and lords A. D. 1009, alter the conquest of Jerusalem

{{anchor+|.|ASSOCIATE. An officer in each or the English courts of common law, appointed by the chief judge of the court, and holding his oiiice during good behavior, whose duties were to superinteud the entry of causes. to attend the sittings of -nisi prius, and there receive and enter verdicts, and to draw up the posteas and any orders or man‘ pruzs. The associates are now officers or the Su- preme Court of Judicature, and are styled “Masters of the Supreme Court." Wharton

A person associated with the judges and clerk of asslse in the commission of general jall delivery. Moziey A’: Whitley.

The term is frequently used of the judges of appellate courts. other than the presiding judge or chief justice.

{{anchor+|.|ASSOCIATION. The act of It number of persons who unite or join together for some special purpose or business. The uuion of a company of persons for the transaction of designated aiiiirs, or the attainment of some common object

An unincorporated society; a body of persons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecution oi' some common enterprise. Allen 1'. Stevens, 33 App. Div. 485, 54 N. Y. Supp. 23: Pratt v. Asylum, 20 App. Div. 352. -is N. Y. Supp. 1035' State v. Steele, 37 Minn. 428. 34 N. W. 903: Mills v. State, 23 Tex. 303: Laycock v. State, 136 Ind. 217, 36 N. E. 137.

In English law. A writ directing certain persons (usually the clerk and his sub-

ordinate oiiicers) to associate themselves with