Blacks Law Dict. 1st ed

ASSESSED

95

ASSAULT

the band, or with a stick, or by shaking the fist at him, or presenting a gun or other weapon within such distance as that a hurt might be given, or drawing a sword and brandishing it in a menacing manner; provided the act is done with intent to do some corporal hurt. 2 Wash. C. C. 435. An assault is an attempt, with force or violence, to do a corporal injury to another, and may consist of any act tending to such corporal injury, accom panied with such circumstances as denote at the time an intention, coupled with the present abil ity, of using actual violence against the person. 1 Hill, 351. An assault is an attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness, with such circumstan ces as denote, at the time, an intention to do it, coupled with a present ability to carry such inten tion into effect. 43 Ala. 354. An assault is an intentional attempt, by violence, to do an injury to the person of another. It must be intentional; for, if it can be collected, notwith standing appearances to the contrary, that there is not a present purpose to do an injury, there is no assault. 1 Ired 127. In order to constitute an assault there must be something more than a mere menace. There must be violence begun to be executed But, where there is a clear intent to commit violence, accom panied by acts which if not interrupted will be fol lowed by personal inj'ury, the violence is com menced and the assault is complete. 27 Cal. 633. ASSAY. The proof or trial, by chemical experiments, of the purity or fineness of met als,—particularly of the precious metals, gold and silver. A trial of weights and measures by a stand ard; as by the constituted authorities, clerks of markets, etc. Keg. Orig. 280. A trial or examination of certain commod ities, as bread, cloths, etc. Co well; Blount. ASSAY OFFICE. The staff of persons by whom (or the building in which) the pro cess of assaying gold and silver, required by government, incidental to maintaining the coinage, is conducted. ASSAYER. One whose business it is to make assays of the precious metals. ASSAYER OF THE KING. An offi cer of the royal mint, appointed by St. 2 Hen. VI. c. 12, who received and tested the bull ion taken in for coining; also called "assay ator reffis." Cowell; Termes de la Ley. ASSECURARE. To assure, or make se cure by pledges, or any solemn interposition of faith. Cowell; Spelman. ASSECURATION. In European law. Assurance; insurance of a vessel, freight, or cargo. Ferriere. ASSECXJRATOR. In maritime law. An insurer, (aversor periculi.) Locc. de Jure Mar. lib. 2, c 5, § 10.

ASSEDATION. In Scotch law. An old term, used indiscriminately to signify a lease or feu-right. Bell; £rsk. Inst. 2, 6, 20. ASSEMBLY. The concourse or meeting together of a considerable number of persons at the same place. Also the persons so gathered. Popular assemblies are those where the people meet to deliberate upon their rights; these are guaranteed by the constitution. Const. U. S. Amend, art. 1. The lower or more numerous branch of the legislature in many of the states is also called the "Assembly" or "House of Assembly," but the term seems to be an appropriate one to designate any political meeting required to be held by law. ASSEMBLY GENERAL. The highest ecclesiastical court in Scotland, composed of a representation of the ministers and elders of the church, regulated by Act 5th Assem. 1694. ASSEMBLY, UNLAWFUL. In crimi nal law. The assembling of three or more persons together to do an unlawful act, who separate without actually doing it, or making any motion towards it. 3 Inst. 176; 4 £1. Comm. 146. It differs from a riot or rout, because in each of the latter cases there is some act done besides the simple meeting. See 1 Ired. 30; 9 Car. & P. 91, 431; 5 Car. & P. 154; 1 Bish. Crim. Law, § 535; 2 Bish. Crim.Law, §§ 1256, 1259. ASSENT. Compliance; approval of some thing done; a declaration of willingness to do something in compliance with a request. ASSERTORY COVENANT. One which affirms that a particular state of facts exists; an affirming promise under seal. ASSESS. 1. To ascertain, adjust, and settle the respective shares to be contributed by several persons toward an object beneficial to them all, in proportion to the benefit re ceived. 2. To adjust or fix the proportion of a tax which each person, of several liable to it, has to pay; to apportion a tax among several; to distribute taxation in' a proportion founded on the proportion of burden and benefit. 3. To place a valuation upon property for the purpose of apportioning a tax. 4. To impose a pecuniary payment upon persons or property; to tax. ASSESSED. Where the charter of a cor poration piovides for the payment by it of a

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