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Assisa

Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

/., Assise,/)-., Assize. A jury, inquest, summoned by a writ of assize. Also, a court; the sittings of a court; an ordinance or statute; a tax or tribute; an adjustment or measure; an action at law, a real action; a writ. The assizes: sessions of courts of assize and nisi prius, which are composed of two or more commissioners (in England) called judges of assize and nisi prius, who are sent, by special commission from the Crown, on circuits all around the kingdom, to try, by a jury of the respective counties, such matters of fact as are then under dispute at Westminster Hall. These judges are judges of the superior common-law courts, and the successors of the ancient "justices in eyre," justiciarii in itinere; they sit by virtue of several authorities, viz.: 1. Commission of oyer and terminer, to deal with treasons, felonies, etc.

2.

Of gaol delivery, to try every prisoner in gaol, for whatever offence.

3.

Of nisi prius, to try all questions of fact on cases in which issue has been joined in the courts of Westminster.

4.

Of peace, by which all justices of the peace and sheriffs are bound to be present at their 5. Of assize, to take assizes and have and real action, having for its object ■whereof the demandant or his ancestors seised. It was not necessary, as in a writ unlawful beginning of the tenant's size: the certain estab Ushed rents of the copyholders of a manor, which cannot varied. Those of the freeholders are rents, reditu! cap Uales j and both sorts guieii reditus, because thereby the tenant other services. Assisa cadere (to fall nonsuited. Assisa cadit in juratam jury): the assize is converted into a jury. an ancient writ directed to the justices cause, when time is desired for the production sisa proroganda: a writ to stay because one of the parties was engaged Assize of darrein presentment, Assisa tionis, I. An assize of last presentation. mine who had the gift of a church living, impedit. Assize of fresh force, An action, assize, which lay by a custom the recovery of lauds of which the demandant within forty days. Assize of mort mortis antecessoris, /. An assize to demandant's father, mother, uncle, aunt, or niece died seised, and a stranger abated. disseisin, Assisa novae disseisinae, /. land of which the complainant had been circuit of the justices in eyre, i. e. within nuisance, Assisa de nocumento, I. nuisance, by having it abated and recovering of utrum, assisa juris utrum, I. An the parson's writ of right, which lay for church lands alienated by his predecessors. peculiar jury, introduced by Henry II. of battel for the trial of writs of right. four knights, who chose twelve others, recognitors. All these assizes are now the recovery of lands had unjustly been disof entry, to show the possession. Rents of asfreeholders and ancient be departed from or frequently called chiefare called quitrents, goes quit and free of from the assize): to be (the assize falls to a Assisa continuanda: of assize to continue a of records. Asproceedings at the assizes in the King's business. ultlmse prsssenta- An action to detersuperseded by qiiare Assisa friscae fortiae, I. of a city or borough for had been disseised d'anoestor,/r., Assisa recover land of which the brother, sister, nephew, Assize of novel An assize to recover disseised since the last seven years. Assize of An assize to remedy a damages. Assize assize sometimes called him or a vicar to recover Grand assize. A and authorized in lieu The sheriff returned making in all sixteen obsolete.