Black's Law Dictionary

The assessment fund of a mutual benefit association is the balance of the assessments, less expenses, out of which beneficiaries are paid. Kerr v. Ben. Ass'n, 39 Minn. 174, 39 N. W

In taxation, the list or roll of taxable persons and property, completed, verified, and deposited by the assessors. Bank v. Genoa, 28 Misc. Rep. 71, 59 N. Y. Supp. 829; Adams v. Br

The list or roll of taxable persons and property, completed, verified, and deposited by the assessors, not as it appears after review and equalization. Bank v. Genoa, 28 Misc. Rep.

Under the mining laws of the United States, the holder of an unpatented mining claim on the public domain is required, in order to hold his claim, to do labar or make improvements

An officer chosen or appointed to appraise, value or assess property. In civil and Scotch law. Persons skilled in law, selected to advise the judges of the inferior courts. Bell ;

In probate law. Property of a decedent available for the payment of debts and legacies; the estate coming to the heir or personal representative which Is chargeable, in law or equi

In Fr. Assets in band ; assets in the bands of executors or administratore, applicable for the payment of debts. Termes de la Ley; 2 BL. Comm. 510; I Crabb, Real Prop. 23; Favorite

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

To draw or drain water from marsh grounds. Cowell.

v. In conveyancing. To make or set over to another ; to transfer; as to assign property or some interest therein. Cowell ; 2 Bl. Comm. 326; Bump v. Van Orsdale, II Barb. (N. Y.) 63

That may be assigned or transferred; transferable; negotiable, as a bill of exchange. Co.mb. 176; Story, Bllls, § 17.

A Scotch law term equivalent to assignment, (q. vt) Assignatus utitur jure anetor is. An assignee uses the right of his principal; an assignee la clothed with the rights of his pri

In Scotch law. An assignee.

A person to whom an assignment is made. Allen v. Pancoast, 20 N. J. Law, 74; Ely v. Com its, 49 Mich. 17, 12 N. W. 893, 13 N. W. 784. The term is commonly used in reference to pers

In contracts. 1. The act by which one person transfers to another, or causes to vest in that other, the whole of the right, interest, or property which he has in any realty or pers

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, 5

Ascertnining a widow's right of dower 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,

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.

An assignment for the benefit of creditors, with directions to the assignee to prefer a specified creditor or class of creditors, by paying their clnims in full before the others r

One 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." Grant v. Carpenter, 8 R. I. 36;

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, pri

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

To fall in the assise; i. e., to be nonsuited. Cowell; 3 Bl. Comm. 402. —Assisa cadit in juratam. The assise falls (turns) into a jury ; hence to submit a controversy to trial by j

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

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 assise of Clarendon. A statute or ordinance passed m the tenth year of Henry II., by which those that were accused of any heinous crime, and not able to purge themselves, but m

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

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.

An assise of nuisance ; a writ to abate or redress a nuisance.

An obsolete writ, which lay for the parson of a church whose predecessor had alienated the land and rents of it.

Assise of fresh force, which see.

Assise of mort d'anœstor, which see

Assise of darrein presentment, (q. v.)

Assise of novel disseisin, which see.

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; sometimes called the "st

An obsolete writ, which was directed to the judges assigned to take assises, to stay proceedings, by reason of a party to them being employed in the king's business. Reg. Orig. 208

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

.See Assisa.

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,

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 called

A real action which lay to recover land of which a person bad been deprived on the death of his ancestor by the abatement or intrusion of a stranger. 3 Bl. Comm. 185; Co.. litt. 15

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

A writ of assise which lay where a nuisance had been committed to the complainant's freehold ; either for abatement of the nnisance or for damages.

A statute touching orders to be observed in the king's forests. Manwood, 35.

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

An assessor; juror; an officer who has the care and oversight of weights and measures.

The certain established rents of the freeholders and ancient copyholders of a manor; so called because they are asstsed, or made precise and certain.

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

To help; aid; succor; lend countenance or encouragement to; participate 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. Pe

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.

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

Weregeld or compensation by a pecuniary mulct Cowell.

In the practice of the criminal courts of Scotland, the fifteen men who decide on the conviction or acquittal of an accused person are called the "assise," though in popular langua

In old practice, this was a judicial writ directed to the sheriff of the county in which a nuisance existed, in which it was stated that the party injured complained of some partic

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

A code of feudal 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 office during good behavior, whose duties were to superintend the

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 a

In French Law. In a society en commandite an assocte en nom is one who is liable for the engagements of the undertaking to the whole extent of his property. This expression arises

To absolve; acquit; to set free; to deliver from excommunication. St. 1 Hen. IV. c. 7; Cowell.

In Scotch law. To acquit the defendant in an action; to find a criminal not gullty.

To undertake; engage; promise. 1 Ld. Rayin. 122; 4 Coke, 92. To take upon one's self. Springer v. De Wolf, 194 I1L 218, 62 N. E. 542, 56 L. R. A. 465, 88 Am. St. Rep. 155

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, bu

The act or agreement of assuming or taking upon one's self; the undertaking or adoption of a debt or obligation primarily resting upon another, as where the purchaser of real estat

A term or condition in a contract of employment, either express or implied from the circumstances of the employment, by which the employe agrees that dangers of injury ordinarily o

In conveyancing. A deed or instrument of conveyance. The legal evidences of the transfer of property are in England called the "common assurances" of the kingdom, whereby every man

A person who has been insured by some insurance company or underwriter, against losses or perils mentioned in the policy of insurance. Brockway v. Insurance Go. (C. Ct) 29 Fed. 766

An insurer against ceriain perlls and dangers; an underwriter; an indemnifies.

In Scetch law. Damages awarded to the relative of a murdered person from the guilty party, who has not been convicted and punished. Paters. Comp.

A mutual agreement, assent, and consent between parties; also a witness or record.

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

An arraignment, (q. v.)

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

In old English law. A householder or occupant of a house or hearth.

In Scotch law. To assign to a particular mill.

A servitude by which grain growing on certain lands or brought within them must be carried to a certain mill to be ground, a certain mniture or price being paid 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.

The period of twenty-four hours beginning and ending at noon.

A house or place of habitation. Bract, fol. 267b; Co.welL

From (after using) the highest remedy, there can be no recourse (going back) to an inferior action, nor assistance, (derived from it.) Fleta, lib. 6, c. 1, § 2. A maxim in the old

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. State v. Bacon, 6 Neb. 291; C

In the civil law. A greatgreat-great-grandfather's sister.

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

In the civil law. A greatgrandmother's grandmother.

The brother of a great-grandfather's grandmother.

The great-grandfather's or great-grandmother's grandfather; a fourth grandfather. The ascending line of lineal ancestry runs thus: Pater, Avus, Proavus, Abavus, Atavus, Tritavus. T

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

From time of which memory to the contrary does not exist.

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

One who does not believe in the existence of a God. Gibson v. Insurance Co., 37 N. Y. 584; Thurston v. Whitney, 2 Cush. (Mass.) 110; Coin. v. Hllis, 10 Cush. (Mass.) 53a

Hatred or ill-will. See De Odio et Atia.

The tackle or rigging of a ship; the harness or tackle of a plow. Spelman.

(1) Not limited to any particular place, district, person, matter or question. (2) Free; unrestrained; not under corporal control; as a ferocious animal so free from restraint as t

According to law; 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 law, barrister at law, attorney

A great-grandfather's grandmother's sister, (ataviœ soror;) called by Bracton "atmatertera magna." Bract, fol. 6Sb.

The brother of a greatgrandfather's grandfather.

In maritime law. A Spanish term signifying athwart, at right angles or abeam; sometimes used as descriptive of the position of a vessel which ls "lying to." The Hugo (D. C.) 57 Fed

Out of the limits of any port or harbor on the sea-coast. The Harriet, 1 Story, 251, Fed. Cas. No. 6,099. See Wales v. Insurance Co., 8 Allen (Mass.) 380; Hubbard v. Hubbard, 8 N.

To take or apprehend by com-maudment of a writ or precept. Buckeye Pipe-Line Co. v. Fee, 62 Ohio St 543, 57 N. E. 446, 78 Am. St Rep. 743. It differs from arrest, because it takes