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 ?
The above rules for the hearing of appeals by a second assize court again indicate that the standard of review applicable on appeals of felony matters is correctness for questions of both law and fact: The original assize court is shown no deference in its findings, and the second assize court is free to substitute its own view of the case for that of the assize trial court.
The record of the July 16, 1576 assize court is missing.
However, though Shapiro aims "to discover how ordinary men and women interpreted and responded to this material," her analysis of the dynamics of assize court trials rarely ventures into the complexities of the case.
In fact, an examination of the assize court dossiers concerning murder cases reveals numerous defendants who had drunk heavily for years and had never been charged with public drunkenness, even though they frequently fought with their family, friends, neighbors, and workmates.
For the more serious crimes people were heard in assize courts and maybe the Old Bailey (there is a very good website: http://www.
Case of April 1774, in Assize Court, Surrey, Pleas of the Crown, April 1770-July 1783, Jamaica Archives.
Mr George Aresti, head of the three member judicial panel of the Larnaca Assize Court, said that although the spying charge had been withdrawn, the court could not ignore that the two accused approached the military area "at a time when a very serious military operation was under way.
Kyriakides' trial, which had been adjourned twice following defence requests for additional evidence, was scheduled for May 10 by the Limassol Assize court.
On 9 July 2013, Costas Papacostas was found guilty of manslaughter by Larnaka Assize Court which convened today to announce the sentence.
One plaintiff, Nina, was 16 when she was first raped by a gang of boys in 1999, the Assize Court of the Val-de-Marne, Paris, was told.
Kelly, a 27-year-old labourer, was convicted of murder on February 8, 1950,at Liverpool Assize Court and sentenced to death.
REPORTER Laurie Taylor, 69, covered Bell's nine-day trial at Newcastle upon Tyne Assize Court.