Blacks Law Dict. 1st ed

ASSISE OF NUISANCE

99

ASSISA DE UTRUM

ticular county; the regular sessions of the judges at nisi priua. 4. Anything reduced to a certainty iu re» spect to time, number, quantity, quality, weight, measure, etc. Spelman. 5. An ordinance, statute, or regulation. Spelman gives this meaning of the word the first place among his definitions, observing that statutes were in England called "as sises" down to the reign of Henry III. 6. A species of writ, or real action, said to have been invented by Glanville, chief jus tice to Henry II., and having for its object to determine the right of possession of lands, and to recover the possession. 3 Bl. Comm* 184, 185. 7. The whole proceedings in court upon a writ of assise. Co. Litt. 1596. The verdict or finding of the jury upon such a writ. 3 Bl. Comm. 57. ASSISE OF CLARENDON. SISA DE CLARENDON. See As ASSISE OF DARREIN PRESENT MENT. A writ of assise which formerly lay when a man or his ancestors under whom he claimed presented a clerk to a benefice, who was instituted, and afterwards, upon the next avoidance, a stranger presented a clerk and thereby disturbed the real patron. 3 Bl. Comm. 245; St. 13 Edw. I. (Westm. 2) c. 5. It has given way tc the remedy by quare impedit. ASSISE OF FRESH FORCE. In old English practice. A writ which lay by the usage and custom of a city or borough, where a man was disseised of his lands and tene ments in such city or borough. It was called "fresh force," because it was to be sued within forty days after the party's title ac crued to him. Fitzh. Nat. Brev. 7 C. ASSISE OF MORT D»ANCESTOR. A real action which lay to recover land of which a person had been deprived on the death of his ancestor by the abatement or in trusion of a stranger. 3 Bl. Comm. 185; Co. Litt. 159a. It was abolished by St. 3 & 4 Wm. IV. c. 27. 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 freehold; either for abatement of the nuisance or for damages.

ASSISA DE UTRUM. An obsolete writ, which lay for the parson of a church whose predecessor had alienated the land and rents of it. ASSISA FRISOZB FORTI-E1. Assise «f fresh force, which see. ASSISA MORTIS D'ANCESTORIS. Assise of mort d 1 ancestor, which see. ASSISA NOVJE DISSEYSINiE. As sise of novel disseisin, which see. ASSISA PANIS ET CEREVISIiE. Assise of bread and ale, or beer. The name of a statute passed in the fifty-first year of Henry III., containing regulations for the sale of bread and ale; sometimes called the "statute of bread and ale." Co. Litt. 1596; 2 Reeve, Hist. Eng. Law, 56; Cowell; Bract, fol. 155. ASSISA PROROGANDA. An obsolete writ, which was directed to the judges as signed to take assiaes, to stay proceedings, by reason of a party to them being employed in the king's business. Reg. Orig. 208. ASSISA ULTIMO PRiESENTATIO NTS. Assise of darrein presentment, (q. v.) ASSISA VENALIUM. The assise of sal able commodities, or of things exposed for sale. ASSISE, or ASSIZE. 1. An ancient species of court, consisting of a certain num ber of men, usually twelve, who were sum moned together to try a disputed cause, per forming the functions of a jury, except that they gave a verdict from their own investi gation and knowledge and not upon evidence adduced. From the fact that they sat to gether, (assideo,) they were called the "as Bise." See Bract. 4, 1, 6; Co. Litt. 1536, 1596. A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Cou. cc. 24, 25. 2. The verdict or judgment of the jurors or recognitors of assise. 3 Bl. Comm. 57, 59. 3. In modern English law, the name "as sises" or "assizes" is given to the court, time, or place where the judges of assise and nisi prius, who are sent by special commission from the crown on circuits through the king dom, proceed to take indictments, and to try •uch disputed causes issuing out of the courts at Westminster as are then ready for trial, with the assistance of a jury from the par

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