assize

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assize

1 trial by jury; in English law also the writ instituting a trial or judicial inquest or its verdict.
2 (US) a sitting of a legislative assembly or administrative body or the enactment or order of such an assembly.
3 used in the phrase ‘tholded his assize’ in Scots criminal law, meaning that the PANEL has already been tried and cannot be tried again. See also ASSIZES.

ASSIZE, Eng. law. This was the name of an ancient court; it derived its name from assideo, to sit together. Litt. s. 234; Co. Litt. 153 b., 159 b. It was a kind of jury before which no evidence was adduced, their verdict being regarded as a statement of facts, which they knew of their own knowledge. Bract. iv. 1, 6.
     2. The name of assize was also given to a remedy for the restitution of a freehold, of which the complainant had been disseised. Bac. Ab. h.t. Assizes were of four kinds: Mort d'ancestor Novel Disseisin Darrien Presentment; and Utrum. Neale's F. & F. 84. This remedy has given way to others less perplexed and more expeditious. Bac. Ab. h.t.; Co. Litt. 153- 155.
     3. The final judgment for the plaintiff in an assize of Novel Disseisin, is, that he recover per visum recognitorum, and it is sufficiently certain. if the recognitors can put the demandant in possession. Dyer, 84 b; 10 Wentw. Pl. 221, note. In this action, the plaintiff cannot be compelled to be nonsuited. Plowd. 11 b. See 17 Serg. & R. 187; 1 Rawle, Rep. 48, 9.
     4. There is, however, in this class of actions, an interlocutory judgment, or award in the nature of a judgment, and which to divers intents and purposes, is a judgment; 11 Co. Rep. 40 b; like the judgment of quod computet, in account render; or quod partitio fiat, in partition; quod mensuratio fiat; ouster of aid; award of a writ of inquiry, in waste.; of damages in trespass; upon these and the like judgments, a writ of error does not lie. 11 Co. Rep. 40 a; Metcalf's Case, 2 Inst. 344 a: 24 Ed. III, 29 B 19.

References in periodicals archive ?
Appeals from decisions of the assize court are brought before another assize court.
Assize Court Trial Calendar (14) (TNA: PRO ASSI 35/53/5, mb.
The perplexing issue of acquittals in the fin-de-siecle assize court was nothing less than the failure of the state system of justice to displace a popular system of justice.
He was due to face a French Assize Court today but a hospital spokesman said police had been informed that Chanal was unfit to fly from St Etienne to Reims.
The trial will now go ahead at the Assize Court of Rheims and is expected to last 10 days.
Containing a court of appeal, an assize court and two smaller tribunal courts, together with offices and ancillary facilities, the six-storey building is organised around a rhomboidal plan.
Frank Arne, a twenty-six-year-old assassin, appears before the Assize Court in la Sarthe, thirty months after the perpetrated crime.
A 73-year-old man accused of sexually harassing his 11-year-old granddaughter will face trial at the Paphos Assize Court on November 25, the Paphos district court ruled on Tuesday.
On 9 July 2013, Costas Papacostas was found guilty of manslaughter by Larnaka Assize Court which convened today to announce the sentence.
Ten of the accused were discharged by the Assize Court of Val-de-Marne for lack of evidence, while the others were given light sentences ranging for one year suspended to three year jail.
IN FEBRUARY 1969 Raymond Morris was found guilty of murdering Christine Darby after a seven-day trial at Stafford Assize Court.
Assize court records are held at the National Archives in Kew.