The Cyclopedic Law Dictionary

In Spanish law. Ascendants; ascending heirs; heirs in the ascending line. White, New Recop. bk. 1, tit. 7, c. 3, note; Schmidt, Civ. Law, 259.

To make certain to the mind; to free from obscurity, doubt or chance; to make sure of; fix; to determine. 246 III. 229. To make sure or certain; fix; to establish; to determine; to

One enrolled; foreigners who have been enrolled. Among the Romans, ascriptitii were foreigners who had been naturalized, and who had in general the same rights as natives. Nov. 22,

A statute providing that procedure in a named case shall conform "as near as may be" to those in another named case does not mean "as near as may be possible," or "as near as may b

View of possibility. A pleading "with a double aspect" is one based on alternative hypotheses of fact.

In medical jurisprudence. A temporary suspension of the motion of the heart and arteries; swooning; fainting.

Carrying away. A common-law ingredient of larceny. "There must be such a caption that the accused acquires dominion over the property, followed by such an asportation or carrying a

He carried away. See "Asportation."

or ASSATH. In old Welsh law. of clearing one accused of homicide by the oaths of three hundred persons. The origin and exact meaning of the term is uncertain, and Mr. Barrington co

or ESSART. In English forest and ecclesiastical law. The offense of pulling up by the roots the woods that are thickets and coverts for the deer, and making them clear as arable la

Murder committed for hire, without provocation or cause of resentment given to the murderer by the person upon whom the crime is committed. Ersk. Inst. bk. 4, tit. 4, note 45. A mu

or ASSAITH, See "Assach."

An unlawful offer or attempt with force or violence to do a corporal hurt to another. It may consist of any act tending to such injury, and accompanied by such circumstances as den

The proof or trial of the purity or fineness of metals, particularly the precious metals, gold and silver,

An establishment, or department, in which the manipulations at tending the assay of bullion and coins are conducted. See "Assay." c. 12, who received and tested the bullion taken i

In European law. Assurance; insurance of a vessel, freight, or cargo. Opposition to the decree of Grenoble. Ferriere.

An insurer.

In Scotch law. An old term, used indiscriminately to signify a lease or feu-right. Bell, Diet.; Ersk. Inst, lib. 2, tit. 6, § 20.

The supreme ecclesiastical court in Scotland.

The meeting of a number of persons in the same place. Political Assemblies. Those required by the constitution and laws. For example, the general assembly, which includes the senat

Approval of something done. An undertaking to do something in compliance with a request. In* strictness, "assent" is to be distinguished from "consent," which denotes a willingness

One which asserts or warrants the existence of a particular state of facts.

To rate or fix the proportion which every person has to pay of any particular tax. To tax. To adjust the shares of a contribution by several towards a common beneficial object, acc

Determining the value of a man's property or occupation for the purpose of levying a tax. Determining the share of a tax to be paid by each individual. Laying a tax. Adjusting the

Those appointed to make assessments. rin Civil and Scotch Law. Persons skilled in law, selected to advise the judges of the inferior courts. Bell, Diet.; Dig. 1. 22; Code, 1. 51. A

The proof which a man gives of the truth of what he says, by appealing to his conscie^ice as a witness. It differs from an oath in this, that by the latter he appeals to God as a w

To make or set over to another. Cowell; 2 Bl. Comm. 326; 5 Johns. (N. Y.) 391. To appoint; to select; to allot. 3 Bl. Comm. 58. To set forth; to point out; as, to assign errors. Fi

In Scotch law. Assignment, (q. V.) ASSIGNATUS UTITUR JURE AUCTOris. An assignor is clothed with the rights of his principal. Halk. Max. 14; Broom, Leg. Max. (3d London Ed.) 416, 41

or ASSIGNEY. In Scotch law. An assignee. "Airis and Assignais," 1 Pitc. Crim. Tr. p. 342; "Aires or Assig-

One to whom an assign ment has been made. Assignee in fact is one to whom an assignment has been made in fact by the party having the right. Assignee in law is one in whom the law

The act by which the share of a widow in her deceased husband's real estate is ascertained and set apart to her. The assignment may be made in pais by the heir or his guardian, or

In practice. The statement of the case of the plaintiff in error on a writ of error setting forth the errors complained of. It corresponds with the declaration in an ordinary actio

One who makes an assign-

Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, "heirs, administrators, and assigns." As used in a covenant to convey

A statute ordering the keeping arms.

To be nonsuited. Cowell; 3 Bl. Comm. 402.

A writ for the continuation of the assize to allow the production of papers. Reg. Orig. 217.

The statute of Clarendon, passed 10 Hen. II., allowing an additional time for preparation to persons compelled to abjure the realm. See "Abjuration."

Assize of the forest (q. V.) ASSISA DE MENSURIS (Law Lat.) Assize of measures. A common rule for weights and measures, established throughout England by Richard L, in tiie eighth y

Assize of nuisance. In old English practice, a writ which lay to remove a nuisance, and recover damages. 3 Bl. Comm. 221, 222; Reg. Orig. 197b. Now abolished with the other real ac

Assize ot fresh force (g. v.) ASSISA MORTIS ANTECESSORIS (Law Lat.) Assise of mort d'ancestor (q. v.) Bracton, lib. 4, tr. 3; Fleta, lib. 4, c. 1; Id. lib. 5, c. 1. Called, also, a

Assize of mort d'ancestor (q. v.)

Assize of novel disseisin {q. v.) ASSISA PAN IS ET CEREVISLAE (Law Lat.) Assize of bread and ale, or beer. The name of a statute passed in the fiftyfirst year of Henry III., contai

A writ to stay proceedings where one of the parties is engaged in a suit of the king. Reg. Orig. 208.

Assize of darrein presentment.

Statutes regulating the sale of certain articles. Spelman.

In Scotch law. Jurors.

See "Writ of Assistance." ASSISUS (Lat. from assidere, to fix or settle). In old English law. Fixed or certain. Assisus reditus, a fixed, certain, or pending rent. Kennett, Par. An

Compensation by a pecuniary mulct. Cowell. ASSIZE (Lat. assidere, to sit by or near, through the Fr. assisa, a session). property, corporeal or incorporeal. Cowell; Litt. § 234. Th

A writ of assize which formerly lay for a person who had himself, or whose ancestors had upon the last preceding avoidance, presented a clerk to a benefice where a stranger present

A writ of assize which lay to recover possession of lands against an abator or his alienee. It lay where the ancestor from whom the claimant derived title died seised. Cowell; Spel

A writ of assize which lay where the claimant had been lately disseised. The action must have been brought subsequent to the next preceding session of the eyre or circuit of justic

A writ of assize which lay where a nuisance had been committed to the complainant's freehold. The complainant alleged some particular fact done which worked an injury to his freeho

A statute or ordinance concerning the royal forests passed in the thirty-third year of Edw. I. Otherwise called Ordinatio Forestae. Another statute of the same title was passed in

A writ of assize which lay for a parson to recover lands which his predecessor had improperly allowed the church to be deprived of. 3 Bl. Comm. 257. See "Assisa De Utrum."

The fixed or established rent of the freeholders and ancient copyholders of a manor, which cannot be departed from or varied. 2 Bl. Comm. 42.

Sessions of the justices or commissioners of assize. These assizes are held twice in each year in each of the various shires of England, with some exceptions, by virtue of several

A code or feudal, law prepared at a general assembly of lords after the conquest of Jerusalem. It was compiled principally from the laws Ascalon, about the year 1290. 1 Foumel, His

A corporation organized under the laws of the state of Illinois in 1892, whose object is to buy, gather and accumulate information and news to vend, supply, distribute and publish

The act of a number of persons in uniting for some purpose, whether social, business or benevolent. The persons so joining, or the organization by them formed. Though the term cove

ASSOILE, or ASSOILYIE. To set free; to deliver from excommunication. St. 1 Hen. IV. c. 7; Cowell.

In Scotch law. To acquit.

(Law. Fr.) To forgive; to pardon; to absolve. Que Dieu assoyl, whom God assoil; on whom God have mercy. Kelham.

To take on; to undertake. 90 Cal. 147. To take in appearance. See 75 Cal. 73. ' The word "assume," used in deeds with reference to incumbrances on the property conveyed, has the sa

Risks which the law implies the servant to have assumed as part of his contract of employment, and for ASSUMPSIT (Lat. assumere, to assume, to undertake; assumpsit, he has undertak

The agreement of the transferee of property to pay obligations of the transferer which are chargeable on it. 194 111. 222.

A term of the contract of employment, either express or implied from the circumstances of the employment, by which the servant agrees that dangers obviously incident to the dischar

In Conveyancing. Any instrument which confirms the title to an estate. Legal evidence of the transfer of property. 2 Bl. Comm. 294. The term "assurances" includes, in an enlarged s

A person who has been insured by some insurance company or underwriter against losses or perils mentioned in the policy of insurance.

An insurer; an underwriter.

In Scotch law. Damages awarded to the relative of a murdered person from the guilty party, who has not been convicted and punished. Paterson, Comp. The action to recover it lies fo

The expression "as their interest may appear," used in a fire insurance policy relating to the interest of a mortgagee, has relation to and contemplates an insurable interest in th

A mutual agreement.

An heir apparent who hath been, by conveyance of his ancestors, placed in a dwelling house in the ancestor's lifetime. Co. Litt. 8.

Arraignment (g. v.) ASTRARIUS (from astre, a hearth). A householder.

In old English law. A householder, or occupant of a house or hearth. Britt. 59.

In Scotch law. To assign to a particular mill Used of land, the occupants of which were bound to grind at a certain mill. Bell, Diet.; Paterson, Comp. note 290; Ersk. Inst. 2. 9. 1

In Saxon law. A penalty for a wrong done by one in the king's

A house, or place of habitation. Bracton, fol. 367b; Cowell.

An institution for the protection or relief of the unfortunate, as an asylum for the poor, for the deaf and dumb, or for the insane. Webster. In International Law. Refuge to a fugi

As applied to dealings, formality and vigilance on both sides; absence of confidence or personal influence.

Before the court; under consideration; as the case at bar.

A proceeding In the action of detinue, by which the defendant states the fact that the thing sued for is in his hands, and that it is claimed by a third person, and that whether su

ATTA, ATHE, or ATTE. In Saxon law. An oath. Cowell; Spelman. Athes, or athaa, a power or privilege of exacting and administering an oath in certain cases. Cowell; Blount.

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

See "De Odlo et Atla." ATILIUM (Lat.) Tackle; the rigging of

Whenever the parties come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be "at issue." 215 111. 154; 136 111. 52.

(1) Not limited to any particular question or matter. (2) Free; unrestrained; not under corporal control; as a ferocious animal so free from restraint as to be liable to do mischie

According to the course of the common law; in the law.

Outside of port. In opposition to being "in port;" not in opposition to being "at home." 3 Hill (N. Y.) 118.

One attached to the suite of an ambassador; one attached to a foreign legation. ATTACHIAMENTA DE SPINIS ET boscis. A privilege granted to the officers of a forest to take to their

In old English law. An attachment. Attachiamenta bonorum, attachment of goods. Spelman; Reg. Orig. 18. Solemnitas attachiamentorum, the formality of attachments; the practice of is

Taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it. A writ for the accomplishment of this pur

In 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 there

One of the three courts formerly held in forests. The highest court was called "justice in eyre's seat;" the middle, the "swainmote;"

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;

BILL OF. See "Bill of Attainder."

Attainted, stained, or blackened. A writ which lies to inquire whether a jury of twelve men gave a false verdict. Bracton, lib. 4, tr. 1, c. 134; Fleta, lib. 5, c. 22, § 8. This la

In French law. The gain of a suit. Estre attaint en uncan cas, to be overcome in any case. Cowell.

In criminal law. An endeavor to accomplish a crime carried beyond mere preparation for it, but falling short of the ultimate design. 5 Cush. (Mass.) 367. The elements are (1) inten