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.