Blacks Law Dict. 1st ed

101

ASSUMPSIT

AT LARGE

ASTITRARIUS H^JRES. An heir ap parent who has been placed, by conveyance, in possession of his ancestor's estate during such ancestor's life-time. Co. Litt. 8. ASTITUTION. An arraignment, (q. v.) ASTRARIUS. In old English law. A householder; belonging to the house; a per son in actual possession of a house. ASTRER. In old English law. A house holder,'or occupant of a house or hearth. ASTRICT. In Scotch law. To assign to a particular mill. ASTRICTION TO A MILL. A servi tude by which grain growing on certain lands or brought within them must be car ried to a certain mill to be ground, a certain multure or price being paid for the same. Jacob. ASTRIHILTET. In Saxon law. A pen alty for a wrong done by one in the king's peace. The offender was to replace the dam age twofold. Spelman. ASTRUM. A house, or place ot habita tion. Bract, fol. 2676/ Cowell. ASYLUM. 1. A sanctuary, or place of refuge and protection, where criminals and debtors found shelter, and from which they could not be taken without sacrilege. 6 Neb. 291. 2. Shelter; refuge; protection from the hand of justice. The word includes not only place, but also shelter, security, protection; and a fugitive from justice, who has com mitted a crime in a foreign country, "seeks an asylum" at all times when he claims the use of the territories of the United States. 12 Blatchf. 395. 3. Aniinstitution for the protection and re lief of unfortunates, as asylums for the poor, for the deaf and dumb, or for the insane. AT ARM'S LENGTH. Beyond the reach of personal influence or control. Par ties are said to deal "at arm's length" when each stands upon the strict letter of his rights, and conducts the business in a formal manner, without trusting to the other's fair ness or integrity, and without being subject to the other's control or overmastering in fluence. AT BAR. Before the court. "The case at bar," etc. Dyer, 31. AT LARGE. (1) Not limited toany par ticular place, district, person, matter, or question. (2) Free; unrestrained; not under

engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the circumstances of the case. In practice. A form of action which lies for the recovery of damages ior the non-per formance of a parol or simple contract; or a contract that is neither of record nor under seal. 7 Term, 351; 3 Johns. Cas. 60. The ordinary division of this action is into (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise. Steph. PI. 11, 13. The action of assumpsit differs from tres pass and trooer, which are founded on a tort, not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from re plevin, which seeks the recovery of specific pioperty, if attainable, rather than of dam ages. A S S U R A N C E . In conveyancing. A deed or instrument of conveyance. The le gal evidences of the transfer of property are in England called the "common assurances" of the kingdom, whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. 2 Bl. Comm. 294. In contracts. A making secure; insur ance. The term was formerly of very fre quent use in the modern sense of insurance, particularly in English maritime law, and still appears in the policies of some compa nies, but is otherwise seldom seen of late years. There seems to be a tendency, how ever, to use assurance for the contracts of life insurance companies, and insurance for risks upon property. ASSURED. A person who has been in sured by some insurance company, or under writer, against losses or penis mentioned in the policy of insurance. ASSURER. An insurer against certain perils and dangers; an underwriter; an in demnifier. ASSYTHEMENT. In Scotch law. Dam ages awarded to the relative of a murdered person from the guilty party, who has not been convicted and punished. Paters. Comp. ASTIPULATION. A mutual agree ment, assent, and consent between parties; also a witness or record.

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