KFLCC Kingdom Law 2nd Ed.

97

ASSIGNMENT

ASSISE

6. In bankruptcy proceedings, the word designates the setting over or transfer of the bankrupt's estate to the assignee. —Assignment for benefit of creditors. An assignment whereby a debtor, generally an insolvent, transfers to another his property, in trust to pay his debts or apply the property upon their payment. Van Patten v. Burr, 52 Iowa, 518, 3 N. W. 524.—Assignment of dower. Ascertaining a widow's right of dow er by laying out or marking off one-third of her deceased husband's lands, and setting off the same for her use during life. Bettis v. Mc Nider, 137 Ala. 588, 34 South. 813, 97 Am. St Rep. 59.—Assignment of error. See EBROB.—Assignment with preferences. An assignment for the benefit of creditors, with directions to the assignee to prefer a specified creditor or class of creditors, by paying their claims in full before the others receive any divi dend, or in some other manner. More usually termed a "preferential assignment."—Foreign assignment. An assignment made in a for eign country, or in another state. 2 Kent, Comm. 405, et seq.— General assignment. An assignment made for the benefit of all the assignor's creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding. 101 N. Y 504. 5 N. E. 431; Halsey v. Connell, 111 Ala. 221. 20 South. 445; Mussey v. Noyes, 26 Vt. 471.—Volun tary assignment. An assignment for the benefit of his creditors made by a debtor volun tarily ; as distinguished from a compulsory as signment which takes place by operation of law in proceedings in bankruptcy or insolvency. Presumably it means an assignment of a debt or's property in trust to pay his debts general ly, in distinction from a transfer of property to a particular creditor in payment of his de mand, or to a conveyance by way of collateral security or mortgage. Dias v. Bouchaud, 10 Paige. (N. Y.) 445. ASSIGNOR. One who makes an assign ment of any kind; one who assigns or trans fers property. Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, "heirs, administrators, and assigns." Grant v. Carpenter, 8 R I. 36; Baily v. De Cres pigny, 10 Best & S. 12. ASSISA. In old English and Scotch law. An assise; a kind of jury or inquest; a writ; a sitting of a court; an ordinance or statute; a fixed or specific time, number, quantity, quality, price, or weight; a tribute, fine, or tax; a real action; the name of a writ. See ASSISE. —Assisa armornm. Assise of arms. A stat ute or ordinance requiring the keeping of arms for the common defense. Hale, Com. Law, c. 11.—Assisa continnanda. An ancient writ addressed to the justices of assise for the con tinuation of a cause, when certain facts put in issue could not have been proved in time by the party alleging them. Reg. Orig. 217.—Assisa de Clarendon. The assise of Clarendon. A statute or ordinance passed in the tenth year of Henry II., by which those that were accused of any heinous crime, and not able to purge them selves, but must abjure the realm, had liberty of forty days to stay and try what succor they could get of their friends towards their suste nance in exile. Bract, fol. 136; Co. Litt 159a/ BL.LAW DICT.(2D ED.)—7 ASSIGNS.

Cowell.—Assisa de foresta. Assise of the forest; a statute concerning orders to be ob served in the royal forests.—Assisa de men suris. Assise of measures. A common rule for weights and measures, established throughout England by Richard I., in the eighth year of his reign. Hale, Com. Law, c. 7.—Assisa de noenmento. An assise of nuisance ; a writ to abate or redress a nuisance.—Assisa de ut rnm. An obsolete writ, which lay for the par son of a church whose predecessor had alienat ed the land and rents of it.—Assisa friscse fortise. Assise of fresh force, which see.—As sisa mortis d'ancestoris. Assise of mort d'ancestor, which see —Assisa novse dissey sinse. Assise of novel disseisin, which see. —Assisa panis et cerevisise. 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; some times called the "statute of bread and ale." Co. Litt. 159&; 2 Reeve, Hist. Eng. Law, 56; Cowell; Bract, fol. 155 —Assisa proroganda. An obsolete writ, which was directed to the judges assigned to take assises, to stay proceed ings, by reason of a party to them being em ployed in the king's business. Reg. Orig. 208. —Assisa ultimse praesentationis. Assise of darrein presentment, (q. v.) —Assisa vena lium. The assise of salable commodities, or of •things exposed for sale. ASSISA CADEKE. To fail in the as sise ; i. e., to be nonsuited. Cowell; 3 Bl. Comm. 402. —Assisa cadit in juratuxn. The assise falls (turns) into a jury; hence to submit a contro versy to trial by jury. 1. An ancient species of court, consisting of a certain num ber of men, usually twelve, \iho 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, (assidco,) they were called the "as sise." See Bract. 4, 1, 6; Co. Litt ?53&, 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, jor place where the judges of assise and nisi prius, who are sent by special com mission from the crown on circuits through the kingdom, proceed to take indictments, and to try such disputed causes issuing out of the courts at Westminster as are then ready for trial, with the assistance of a jury from the particular county; the regu lar sessions of the judges at nisi prius. 4. Anything reduced to a certainty in 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 ASSISE, or ASSIZE.