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 classic literature ?
Under these circumstances the young man was instantly arrested, and a verdict of 'wilful murder' having been returned at the inquest on Tuesday, he was on Wednesday brought before the magistrates at Ross, who have referred the case to the next Assizes.
I give you my word that I would have spoken out if it went against him at the Assizes.
It's as well," said the old man; "it's a question whether I shall live to the Assizes, so it matters little to me, but I should wish to spare Alice the shock.
You are yourself aware that you will soon have to answer for your deed at a higher court than the Assizes.
Their children are sometimes congenital idiots, like the hero of our story; sometimes they are found in the dock at the Assizes, where they are generally acquitted by the jury for edifying motives; sometimes they distinguish themselves by one of those burning scandals that amaze the public and add another blot to the stained record of our age.
The American, Abe Slaney, was condemned to death at the winter assizes at Norwich, but his penalty was changed to penal servitude in consideration of mitigating circumstances, and the certainty that Hilton Cubitt had fired the first shot.
It was part of Rosamond's cleverness to discern very subtly the faintest aroma of rank, and once when she had seen the Miss Brookes accompanying their uncle at the county assizes, and seated among the aristocracy, she had envied them, notwithstanding their plain dress.
In their eyes, crime belongs to the assizes or the police-courts; but the socially refined evils escape their ken; the adroitness that triumphs under shield of the Code is above them or beneath them; they have neither eye-glass nor telescope; they want good stout horrors easily visible.
I should say that was worth full twenty pound at the next assizes, without the honesty, sir.
A visit to Reading or Abingdon twice a year, at assizes or quarter sessions, which the Squire made on his horse with a pair of saddle-bags containing his wardrobe, a stay of a day or two at some country neighbour's, or an expedition to a county ball or the yeomanry review, made up the sum of the Brown locomotion in most years.
She tried to inveigle the young barristers at assizes and encouraged Jim to bring home friends with whom he went out hunting with the H.
A most extraordinary case,"' read Silas Wegg aloud, '"was tried at the last Maryborough assizes in Ireland.