Blacks Law Dict. 1st ed

ASSUMPSIT

ASSISE OP THE FOREST

100

ASSISE OF THE FOREST. A stat ute touching orders to be observed in the king's forests. Man wood, 85. ASSISE BENTS. The certain estab lished rents of the freeholders and ancient copyholders of a manor; so called because they axe assised, or made precise and certain. ASSISEB. An assessor; juror; an officer who has the care and oversight of weights and measures. ASSISOBS. In Scotch law. Jurors; the persons who formed that kind of court which in Scotland was called an "assise," for the purpose of inquiring into and judging divers civil causes, such as perambulations, cogni tions, molestations, purprestures, and other matters; like jurors in England. Holthouse. ASSISTANCE. The name of a writ which issues from the court of chancery, in aid of the execution of a judgment at law, to put the complainant into possession of lands adjudged to him, when the sheriff cannot execute the judgment. ASSISTANT JUDGE. A judge of the English court of general or quarter sessions in Middlesex. He differs from the other justices in being a barrister of ten years' standing, and in being salaried. St. 7 & 8 Viet. c. 71; 22 & 23 Viet. c. 4; Pritch. Quar. Sess. 31. ASSISUS. Bented or farmed out for a specified assise; that is, a payment of a cer tain assessed rent in money or provisions. ASSITHMENT. Weregeld or compen sation by a pecuniary mulct. Cowell. ASSIZE. In the practice of the criminal courts of Scotland, the fifteen men who de cide on the conviction or acquittal of an ac cused person are called the "assize," though in popular language, and even in statutes, they are called the "jury." Wharton. See ASSISE. ASSIZES. Sessions of the justices or com missioners of assize. See ASSISE. ASSIZES DE JERUSALEM. A code of feudal jurisprudence prepared by an as sembly of barons and lords A. D. 1099, after the conquest of Jerusalem. ASSOCIATE. An officer in each of the English courts of common law, appointed by the chief judge of the court, and holding his office during good behavior, whose duties were t» superintend the entry of causes, to

attend the sittings of nisi priiu, and there receive and enter verdicts, and to draw up the posteas and any orders of nisi prius. The associates are now officers of the Supreme Court of Judicature, and are styled "Masters of the Supreme Court." Wharton. A person associated with the judges and clerk of assise in the commission of general jail delivery. Mozley & Whitley. The term is frequently used of the judges of appellate courts, other than the presiding judge or chief justice. ASSOCIATION. The act of a number of persons who unite or join together for some special purpose or business. The union of a company of persons for the transaction of designated affairs, or the attainment of some common object. An unincorporated society; a body of per sons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecu tion of some common enterprise. In English law. A writ directing cer tain persons (usually the clerk and his sub ordinate officers) to associate themselves with the justices and sergeants for the purposes of taking the assises. 3B1. Conim. 59, 60. ASSOCIE EN NOM. In French law. In a socUU en commandiM an assocU en nom is one who is liable for the engagements of the undertaking to the whole extent of his property. This expression arises from the fact that the names of the associts so liable figure in the firm-name or form part of the socUU en nom colleotif. Arg. Fr. Merc. Law, 546. ASSOIL. To absolve; acquit; to set free; to deliver from excommunication. St. 1 Hen. IV. c 7; Cowell. ASSOILZIE. In Scotch law. To acquit the defendant in an action; to find a criminal not guilty. ASSUME. To undertake; engage; prom ise. 1 Ld. Raym. 122; 4 Coke, 92. A stipulation in a deed, accepted by the grantee, that he shall "assume" an outstand ing mortgage on the premises conveyed, is broken by a failure to pay the mortgage debt within a reasonable time after its maturity. 12 Cush. 227. ASSUMPSIT. Lat. He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seaL It is expi ess if the promisor puts his

Archive CD Books USA