A Dictionary of Law

One which aftirms that a particular state of facts exists; an aflirming promise under seal.

1. To ascertain, adjust, and settle the respective shares to be contributed by several persons toward an object beneiicial to them all, in proportion to the benefit reecived. 2. To

In a general sense, denotes the process of ascertaining and adjust- re ing the shares respectively to be contributed by several persons towards a common beneficial object according

An officer chosen or pointed to appraise, value, or assess prope In civil and Scotch law. Persons skilled in law, selected to advise the jul of the inferior courts. Bell; Dig, 1, 2

In probate law. Propertyot a decedent available for the payment of debts and legacies; the estate coming to the heir or personal representative which is charge able, in law or equi

L. Fr. Assets in hand; assets in the hands of exec- Se ators or administrators, applicable for the payment of debts. Termes de la Ley; 2 Bl. Comm, 510; 1 Crabb, Real Prop. 23. SS

An affirmation; a positive assertion; a solemn declaration. Oe This word is seldom, if ever, used for a declaration made under oath, but denotes a declaration accompanied with sole

To draw or drain water from marsh grounds. Cowell,

vo. Inconveyancing. To make or set over to another; to transfer; as to asign property, or some interest therein. Cowell; 2 Bl. Comm. 826. In practice. ‘To appoint, allot, select, o

That may be assigned or transferred; transferable; negotiable, as a bill of exchange. Comb. 176; Story, Bills, SU.

A Seotch law term equivalent to assignment, (g..) Assignatus utitur jure auctoris. An assignee uses the right of his principal; an assignee is clothed with the rights of his princi

In Scotch law. An assignee,,

A person to whom an assignment is made. The term is commonly used in reference to personal property; but it is not incorrect, in some cases, to apply it to Tealty, ¢. 9., “assignee

Ascertaining a widow’s right of dower by laying out or marking off one-third of her deceased husband’s lands, and setting off the sane for her use during life.

In practice. The statement of the plaintiff's case on a writ of error, setting forth the errors complained of; corresponding with the declaration in an ordinary action. 2 Tidd, Pr.

Ore who makes an assignment of any kind; one who assigns or transfers property.

Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, “heirs, administrators, and assigns.” 8 Ii. I. 36.

i Inold English and Scotch law. An assise; a kind of jury or inquest; a wril; a sitting of a court; an ordinance or statute; a fixed or specitic time, number, quantity, quality, pr

Assise of arms, A statute or ordinance requiring the keeping of arms for the common defense. Tule, Com. Law, ec, 11.

To failin the assise; i. 2., to be nonsuited. Cowell; 3 Bl, Comm. 402,

The assise falls (turns) into a jury; hence to submit a controversy to trial by jury.

An ancient writ addressed to the justices of assise for the continuation of a cause, when certain facts put in issue could not have been proved in time by the party alleging them.

The as. 'gise 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 themselves, b

Assise of the forest; a statute concerning orders to be observed in the royal forests.

An obsolete writ, which lay for the parson of a church Whose predecessor had alienated the land and tenis of it, '

Assise of fresh force, which see.,

Assise of mort d’ancestor, which see. ASSISA NOV DISSEYSINA Assise of novel disscisin, which see.

Assise of bread and ale, or beer. The name of astatute passed in the fifty-first year of Uenry III., containing regulations for the sale of bread and ale; sometimes called the “sta

An obsolete writ, which was directed to the judges as- Signed to take assises, to stay proceedings, by Teason of a party to them being employed in the king’s business. Reg. Orig. 2

The assise of salable commodities, or of things exposed for sale.

or ASSIZE. 1. An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a

Of those who are to be put on assises. The title of a statute passed 21 Edw, I., defining the qualifications of jurors. Crabb, Eng. Law, 167, 189; 2 Reeve, Eng. Law, 184.

See As. sISA DE CLARENDON. ASSISH OF DARREIN PRESENT-

A writ of assise which lay where a nuisance had been committed to the complainant's freehold; i

Anassessor; juror; anofficer who has the care and oversight of weights and measures.

The certain established rents of the freeholders and ancient eopyholders of a manor; 80 called because they are assised, or made precise and certain.

A real action which lay to recover land of LTE which a person had been deprived on the death of his ancestor by the abatement or intrusion of a stranger. 3 Bl. Comm. 185; Co. Litt.

A writ of assise which lay for the recovery of lands or tenements, where the claimant had been lately disseised.

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 a

The namo 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

A judgeof 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. SU7

Rented or farmed out for a specified assise; that is, a payment of a certain assessed rent in money or provisions.

Weregeld or compensation by a pecuniary mulet. Cowell.

In the practice of the criminal courts of Seotland, the fifteen men who decide on the conviction or acquittal of an accused person are called the “assize,” though in popular langua

In old English practice. A writ which lay by the usage and custom of a city or borough, where aman was disseised of his lands and tenements in such city or borough. It was called “

A statute touching orders to be observed in the king’s forests, Manwood, 30.

Sessions of the justices or commissioners of assize. See ASSISE.

A code of fendal jurisprudence prepared by an assembly 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 attend the sittings of nisi prius, an receive and enter verdicts,

The act of a na of persons who unite or join together for sor special purpose or business. The union 0 a company of persons for the transaction of designated affairs, or the attain

In French law, a In a société en commandité an associé en nom is one who is liable for the engagements of the undertaking to the whole extent of his property, This expression arise

Toabsolve; acquit; to set free; to deliver from excommunication, St. 1 Hen. LY. c 7; Cowell.

In Scotchlaw. To acquit the defendant inan action; to find a criminal not guilty.

To undertake; engage; promise. 1 Ld. Ray. 122; 4 Coke, 92. A stipulation in a deed, accepted by the grantee, that he shall “assume” an outstaniling mortgage on the premises conveye

Lat. Hea 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 ba gement in distinct and def

Inconveyancing. A “i or instrument of conveyance. ‘The le- @ evidences of the transfer of property are England called the “coramon assurances” [the kingdom, whereby every man's est

A person who has been inby some insurance company, or under- Tiler, against losses or perils mentioned in ie policy of insurance.

<An insurer against certain is and dangers; an underwriter; an inunifier. -

In Scotchlaw. Damsuwarded to the relative of a murdered son fram the guilly party, who has not tn convictedand punished, Paters. Comp.

In thecivillaw. The first age; infancy, (infantia.) Cod. 6, 61, 8, 3.

In Saxon law. A noble; generally a prince of the blood.

A mutual agree-

An heir apparent who has been placed, by conveyance,; in possession of his ancestor's estate during such atcestor’s life-time, Co. Litt. 8.

An arraignment, (¢, v.)

In oid English law. A householder; belonging to the house; a person in actual possession of a house,

Inold Englishlaw. A householder, or occupant of a house or hearth,

In Seotch law. ‘To assign to @ particular miil.

A servitude by which grain growing on certain lands or brought within them must be earried to a certain mill to be ground, a certain multure or price being puid for the same. Jacob

In Saxon law. A penalty for a wrong done by one in the king’s peace. The offender was to replace the damage twofold. ° Spelman.

A house, or place of habitation. Bract. fol. 2676; Cowell.

1. A sanctuary, or place of refuge and protection, where criminals and debtors found sheiter, and from which they could not be taken without sacrilege. 6 Neb. aol. 2. Shelter; refu

In the civil law. A greatpreat-greal-grandfather’s sister.

Beyond the reach of personal influence or control. Parties are said to deal "at arm's length" when each stands upon the strict letter of his rights, and conducts the business in a

In the civil law, Complete age; full age; the age of twentyfive, Dig. 4, 4, 32; Id. 22, 3, 25, 1.

A writ which inquired whether the king’s tenant holding in chief by chivalry was of full age to receive his lands. It was directed to the escheater of the county. Now disused.

In the civil law. <A greatgrandmother's grandmother,

The brother of a great-grandlather’s grandmother.

The great-grandfather’s or great-grandmother’s granifather; a fourth grandfather. The «ascending line of lineal ancestry runs thus: Pater, Avus, Proavus, Abavus, Atavus, Uritavus.

Before the court. “The case at bar,” etc. Dyer, 31.

In Saxon law. An oath; the power or privilege of exacting and administering an oath. Spelman.

One who does not believe in she existence of a God.

The tackle or rigging ofa ship; the harness or tackle of a plow. Spelmati,

(1) Not limited to any par- ii corporal control; as a ferocious animal so free from restraint as to be linble to do mischief, (3) Fully; in detail; in an extended form.

According tolaw; by, for, or in law; particularly in distinction from that which is done in or according to equity; or in titles such as sergeant at Jaw, barrister at law, attorney

<A great-crandfathers grandmother’s sister, (atavie soror;) called by Bracton “atmatertera magna.” Bract. fol. 680.

The brother of a greatgrandfather's grandfather.

Out of the limits of any port or harbor on the sea-coast, 1 Story, 251.

Hatred or ill-will. See Dr Opro

To take or apprehend by commandment of a writ or precept. It differs from arrest, becauselit takes not only the boy, but sometimes the goods, whereas an arrest is only against the

A person attached to the suite of an ambassador or to a foreign lega tion.

A certificate required by statute, in some states, to be given by a third person who is found in possession of property subject to an attachment in the sherifi’s hands, setting for

A distress formerly taken upon goods and chattels, by the legal ailackiaters or bailiffs, aa security to answer an action for personal estate or debt. ATTACHIAMENTA DE SPINIS ET

The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons, or other judicial order, and bringing the same into the custody of the law

English law. A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself belongs, and who has the privilege to answer here. A

One of the three courts formerly held in forests. The highest court was called “ justice in eyre’s seat;” the middle, the “swainmote;” and the lowest, the “attachment.” Manwood, 90

That extinction of civil rights and capacities which takes place whenever a person who has committed treason or felony receives sentence of death for his crime. 1 Steph. Comm. 408;

In old English practice, A writ which lay to inquire whether a jury of twelve men had given a false verdict, in order that the judgment might be reversed. 3 Bl, Comm. 402; Iraet. f