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 ?
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.
The assize court on the south corner is clad in vertical strips of burnished copper, while the volume housing the smaller tribunal courts is covered with a lightweight, blue metal mesh, like fine gauze.
Attorney-General Petros Clerides filed on 3 January this year an appeal to the Supreme Court against the Assize Court's majority ruling to acquit the five defendants.
In his charge to the Roscommon spring assize in 1892, Justice Harrison suggested that there were many worse things than brawling and faction fights:
At the Glamorgan Assizes, Judge Justice Vaughan had this to say abos 1ut Mary Ann Street: "The owners of the properties which are habitually used for immoral purposes are the proper persons to proceed against if gross evils of the notorious neighbourhood in question are to be checked.
Defence lawyer, Rovertos Vrahimis told yesterday's hearing that the only reason that his client, Xenophontos, appeared before the Court is to be referred to trial before Assize Court.
The trial will now go ahead at the Assize Court of Rheims and is expected to last 10 days.
Moreover, although the proceedings of cases which were heard at the higher courts of quarter sessions or assize were often reported in some depth, the majority of scuttling cases were dealt with at the police courts and were only briefly covered if at all by the local press.
THE Paphos Assize court rejected on Thursday a motion by Paphos municipal councillor Giorgos Shialis, asking to not be included on the same charge sheet as the other former and current municipal councillors on trial in connection with the Paphos Sewerage Board (SAPA) scandal.
Five persons, charged in connection with an air crash in August 2005, denied charges of causing the death of passengers and crew on board an Helios aircraft, as their trial opened here Thursday before the Assize Court.
As this housed the Assize Courts upstairs, it was said that you could go in, have a drink, get drunk, be accused of being drunk, be tried for being drunk and convicted of being drunk without ever leaving the building.
Assize after assize, Mary Ann Street figures with conspicuous notoriety as the street crimes ranging in growth from murder to robbery with violence and in each instance gross, systematic immorality is at the bottom of it.