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 ?
Following the Assize court decision, Shailis is expected to appear before the court on April 20, alongside the other municipal councillors.
The client is the devizes assize court trust (the trust), which is charitable incorporated organisation (cio) formed in 2018 for the purpose of undertaking the full restoration of the former assize court building and its conversion and extension to provide new premises for the wiltshire museum.
(60) Finally, the "cour" d'assises" (assize court) tries "les crimes" (felonies), (61) and is presided over by three professional judges (one president (62) and two assessors (63)), in addition to a jury made up of nine lay members.
Before the 58-year-old Mountain Ash-born judge started his task he ordered all the doors of the 18th-century assize court to be closed.
Assize court records are held at the National Archives in Kew.
After moving nearer the assize court in Bristol, he made a private fortune as a merchant and chief investor in explorer John Cabot's transatlantic voyage of discovery.
(2) The defendants were taken into custody, until the case came before the assize court at Maidstone on February 21, 1610/11.
Yet it was only in cases of crimes against persons, not against property, or even the legally more complex cases of fraud and libel tried in the assize court, that frequent acquittals occurred.
Kelly, 27, was convicted of murder on February 8, 1950, at Liverpool Assize Court and sentenced to death after Leonard Thomas, the manager of the Cameo Cinema in Wavertree, Liverpool, and his assistant, were shot dead during a bungled burglary in March 1949.
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.
The festival will also feature The Majoda Incident Trial, a dramatic recreation of the Lampeter Assize Court case of June 1945, when William Killick was charged with the attempted murder of Dylan Thomas and others following a bizarre shooting incident.