KFLCC Kingdom Law 2nd Ed.

98

ASSOCIATION

ASSISE

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 Vict. c. 71; 22 & 23 Vict c. 4; Pritch. Quar. Sess. 31. ASSISUS. Rented or farmed out for a specified assise; that is, a payment of a cer tain assessed rent in money or provisions. ASSITHMENT. Weregeld or compensa tion by a pecuniary mulct Cowell. 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 commissioners 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 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 to superintend the entry of causes, to attend the sittings of nisi prius, 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 Su preme 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 aot 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. Allen v. Stevens, 33 App. Div. 485, 54 N. Y. Supp. 23; Pratt v. Asylum, 20 App. Div. 352, 46 N. T. Supp. 1035; State v. Steele, 37 Minn. 428, 34 N. W. 903; Mills v. State, 23 Tex. 303; Laycock v. State, 136 Ind. 217, 36 N. E. 137. In English law. A writ directing cer tain persons (usually the clerk and his sub ordinate officers) to associate themselves with ASSIZE. ASSOCIATE.

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 justice to Henry II., and having for its ob ject 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 159o. The verdict or finding of the jury upon such a writ 3 Bl. Comm. 57. —Assise of Clarendon. See ASSISA.— As sise of darrein presentment. 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 to the rem edy by quare impedtt. —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 tenements in such city or borough. It was call ed "fresh force," because it was to be sued with in forty days after the party's title accrued to him. Fitzh. Nat. Brev. 7 C.—Assise of mort d'ancestor. A real action which lay to re cover land of which a person had been deprived on the death of his ancestor by the abatement or intrusion of a stranger. 3 Bl. Comm. 185; Go. Iitt 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 dam ages.— Assise of the forest. A statute touch ing orders to be observed in the king's forests. Manwood, 35.— Assise rents. The certain es tablished rents of the freeholders and ancient copyholders of a manor; so called because they are assised, or made precise and certain.— Grand assize. A peculiar species of trial by jury, introduced in the time of Henry II., giv ing the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42, § 13. See 3 Bl. Comm. 341. 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. ASSIST. To help; aid; succor; lend countenance or encouragement to; partici pate in as an auxiliary. People v. Hayne, 83 Cal. Ill, 23 Pac. 1, 7 L. R. A. 348, 17 Am. St. Rep. 211; Moss v. Peoples, 51 N. C. 142; Comitez v. Parkerson (O. C.) 50 Fed. 170. Court of Assistance, Court of Assist ants. See COURT. Writ of assistance. See WRIT. ASSISER.