Blacks Law Dict. 1st ed

ASSAULT

94

AS

AS. Lat. In the Roman and civil law. A pound weight; and a coin originally weigh ing a pound, (called also "libra;") divided into twelve parts, called "uncut." Any integral sum, subject to division in certain proportions. Frequently applied in the civil law to inheritances; the whole in heritance being termed "as," and its several proportionate parts "sextans," "quadrans," etc. Burrill. The term "as," and the multiples of its uncice, were also used to denote the rates of interest. 2 Bl. Comm. 462, note m. AS AGAINST; AS BETWEEN. These words contrast the relative position of two persons, with a tacit reference to a different relationship between one of them and a third person. For instance, the temporary bailee of a chattel is entitled to it as between him self and a stranger, or as against a stranger; reference being made by this form of words to the rights of the bailor. Wharton. ASCEND. To go up; to pass up or up wards ; to go or pass in the ascending line. 4 Kent, Comm. 393, 397. ASCENDANTS. Persons with whom one is related in the ascending line; one's parents, grandparents, great-grandparents, etc. ASCENDIENTES. In Spanish law. Ascendants; ascending heirs; heirs in the ascending line. Schra. Civil Law, 259. ASCENT. Passage upwards; the trans mission of an estate trom the ancestor to the heir in the ascending line. See 4 Kent, Comm. 393, 397. ASCERTAIN. To fix; to render certain or definite; to estimate and determine; to clear of doubt or obscurity. ASCRIPTITIUS. In Roman law. A foreigner who had been registered and nat uralized in the colony in which he resided. Cod. 11, 47. ASPECT. View; object; possibility. Im plies the existence of alternatives. Used in the phrases "bill with a double aspect" and "contingency with a double aspect." ASPHYXIA. In medical jurisprudence. Swooning, suspended animation, produced by the non-conversion of the venous blood of the lungs into arterial. ASPORTATION. The removal of things from one place to another. The carrying away of goods; one of the, circumstances

requisite to constitute the offense of larceny. 4 Bl. Comm. 231. ASPORTAVIT. He carried away. Some times uses as a noun to denote a carrying away. An "asportavit of personal chat tels." 2H. Bl. 4. ASSACH. In old Welsh law. An oath made by compurgators. Brown. ASSART. In English law. The offense committed in the forest, by pulling up the trees by the roots that are thickets and cov erts for deer, and making the ground plain as arable land. It differs from waste, in that waste is the cutting down of coverts which may grow again, whereas assart is the pluck ing them up by the roots and utterly destroy ing them, so that they can never afterward grow. This is not an offense if done with license to convert forest into tillage ground. Consult Manwood 1 s Forest Laws, pt. L p. 171. Wharton. ASSASSINATION. Murder committed for hire, without provocation or cause of re sentment given to the murderer by the per son upon whom the crime is committed. Ersk. lnst. 4, 4, 45. A murder committed treacherously, or by stealth or surprise, or by lying in wait. ASSATH. An ancient custom in Wales, by which a person accused of crime could clear himself by the oaths of three hundred men. It was abolished by St. 1 Hen. V. c. 6. Cowell; Spelman. ASSAULT. An unlawful attempt or of fer, on the part of one man, with force or violence, to inflict a bodily hurt upon another. An attempt or offer to beat another, with out touching him; as if one lifts up his cane or his fist in a threatening manner at another; or strikes at him, but misses him. 3 BL Comm. 120; 3 Steph. Comm. 469. Aggravated assault is one committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. Simple assault is one committed with no intention to do any other injury. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Pen. Code CaL $ 240. An assault is an attempt to commit a violent in jury on the person of another. Code Ga. 1884, 5 4357. An assault is any willful and unlawful attempt or offer, with force or violence, to do a corporal hurt to another. Pen. Code Dak. $ 805. An assault is an offer or an attempt to do a cor poral injury to another; as by Btriking at him with

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