Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    A writ to postpone the issue of an assize during the absence in war of one of the parties.

  • Black's Law Dictionary: 2nd Edition

    (Lat For proroguing assise.) A writ to put off an assise, issuing to the justices, where one of the parties is engaged in the service of the king. challenge, and must then stand or fall according to their intrinsic merit and regularity. Thus, "in certain cases, the courts will allow evidence to be taken out of the regular course, in order to prevent the evidence being lost by the death or the absence of the withess. This is called 'taking evidence de bene esse,' and is looked upon as a temporary and conditional examination. to be used only in case the witness cannot afterwards be examined in the suit in the regular way." Hunt, Eq. 75; Haynes, Eq. 183; Mitf. Eq. PI. 52, 149.