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 ?
Those handled by the Assizes are for cases that carry sentences of over five years.
The decision was read by the President of the Assize Court.
Real Deal WITH regards to the chairs, Jeffreys became known as "the hanging judge" for the part he played in the Bloody Assizes, the series of trials that took place in the aftermath of the Battle of Sedgemoor which put an end to the Monmouth Rebellion.
Assize court records are held at the National Archives in Kew.
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.
Major organization : THE DEVIZES ASSIZE COURT TRUST (DACT)
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:
Because the case was being tried in the district court and not the Assize Court, the accused faced no more than up to five years' imprisonment.
"Assize after assize, Mary Ann Street figures with conspicuous notoriety as the street crimes range from murder to robbery with violence and in each instance gross, systematic immorality is at the bottom of it.
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.