Assize in United States

Assize Definition

(Lat. assidere, to sit by or near, through the Fr. assisa, a session). In EngJIsh Law. A writ directed to the sheriff for the recovery of immovable property, corporeal or incorporeal. Cowell; Litt. § 234. The action or proceedings in court based upon such a writ. Magna Charta, c. 12; St. 13 Edw. I. (Westminster II.) c. 25; 3 Bl. Comm. 67, 262; Sellon, Prac. Introd. xii. Such actions were to be tried by special courts, of which the judicial officers were justices of assize. See “Courts of Assize and Nisi Prius.” This form of remedy is said to have been introduced by the parliament of Northampton (or Nottingham, A. D. 1176), for the purpose of trying titles to land in a more certain and expeditious manner before commissioners appointed by the crown than before the suitors in the county court or the king’s justiciars in the aula regis. The action is properly a mixed action, whereby the plaintiff recovers his land and damages for the injury sustained by the disseisin. The value of the action as a means for the recovery of land led to its general adoption for that purpose; those who had suffered injury not really amounting to a disseisin alleging a disseisin to entitle themselves to the remedy. The scope of the remedy was also extended so as to allow the recovery of incorporeal hereditaments, as franchises, estovers, etc. It gave place to the action of ejectment, and is now abolished, having been previously almost, if not quite, entirely disused. St. 3 & 4 Wm. IV. c. 27, § 36. Steams, Real Actions, 187. A jury summoned by virtue of a writ of assize. The verdict or judgment of the jurors or recognitors of assize. 3 Bl. Comm. 57, 69. A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Coutum, cc. 24, 25. An ordinance or statute. Litt. § 234; Reg. Orig. 239. Anything reduced to a certainty in respect to number, quantity, quality, weight, measure, etc. 2 Sharswood, Bl. Comm. 42; Cowell; Spelman, “Assisa.” See the articles immediately following. In Scotch Law. The jury, consisting of fifteen men, in criminal cases tried in the court ot judiciary. Paterson, Comp.; Bell, Diet.

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(Lat. assidere, to sit by or near, through the Fr. assisa, a session). In EngJIsh Law. A writ directed to the sheriff for the recovery of immovable property, corporeal or incorporeal. Cowell; Litt. § 234. The action or proceedings in court based upon such a writ. Magna Charta, c. 12; St. 13 Edw. I. (Westminster II.) c. 25; 3 Bl. Comm. 67, 262; Sellon, Prac. Introd. xii. Such actions were to be tried by special courts, of which the judicial officers were justices of assize. See “Courts of Assize and Nisi Prius.” This form of remedy is said to have been introduced by the parliament of Northampton (or Nottingham, A. D. 1176), for the purpose of trying titles to land in a more certain and expeditious manner before commissioners appointed by the crown than before the suitors in the county court or the king’s justiciars in the aula regis. The action is properly a mixed action, whereby the plaintiff recovers his land and damages for the injury sustained by the disseisin. The value of the action as a means for the recovery of land led to its general adoption for that purpose; those who had suffered injury not really amounting to a disseisin alleging a disseisin to entitle themselves to the remedy. The scope of the remedy was also extended so as to allow the recovery of incorporeal hereditaments, as franchises, estovers, etc. It gave place to the action of ejectment, and is now abolished, having been previously almost, if not quite, entirely disused. St. 3 & 4 Wm. IV. c. 27, § 36. Steams, Real Actions, 187. A jury summoned by virtue of a writ of assize. The verdict or judgment of the jurors or recognitors of assize. 3 Bl. Comm. 57, 69. A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Coutum, cc. 24, 25. An ordinance or statute. Litt. § 234; Reg. Orig. 239. Anything reduced to a certainty in respect to number, quantity, quality, weight, measure, etc. 2 Sharswood, Bl. Comm. 42; Cowell; Spelman, “Assisa.” See the articles immediately following. In Scotch Law. The jury, co
nsisting of fifteen men, in criminal cases tried in the court ot judiciary. Paterson, Comp.; Bell, Diet.

This definition of Assize is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.