ASSAULT, in Law, is a violent Injury offered to a Man’sPerson, of a larger Extent than Battery, for that it may becommitted by only offering to give a Blow, or by a threatening Speech, etc. See BATTERY.
To rebuke a Collector with foul Words, so that he departed for Fear, without doing his Office, was adjudged anAssault; and to strike a Man, though he be not hurt with theBlow, is reputed the same. In Trespass for Assault andBattery, a Man may be found guilty of the Assault, and excused of the Battery, 25 Edw. 3.
To rebuke a Collector with foul Words, so that he departed for Fear, without doing his Office, was adjudged anAssault; and to strike a Man, though he be not hurt with theBlow, is reputed the same. In Trespass for Assault andBattery, a Man may be found guilty of the Assault, and excused of the Battery, 25 Edw. 3.
ASSETS, in Law,effects sufficient to discharge the burden laid on an executor, or heir, for satisfying the testator’s debts or legacies. See EXECUTOR, HEIR, TESTAMENT, LEGACY, etc.
The word is formed of the French assez, enough; in regard whoever charges another with assets, charges him with having enough descended or come to his hands to discharge that which is in demand. Assets are of two sorts, real and personal— Where a man dies seized of lands in fee-simple, the lands which descend to his heir, are assets real. See REAL. Where he dies possessed of any personal estate, the goods which come to the hands of the executor, are assets personal. See PERSONAL.
The word is formed of the French assez, enough; in regard whoever charges another with assets, charges him with having enough descended or come to his hands to discharge that which is in demand. Assets are of two sorts, real and personal— Where a man dies seized of lands in fee-simple, the lands which descend to his heir, are assets real. See REAL. Where he dies possessed of any personal estate, the goods which come to the hands of the executor, are assets personal. See PERSONAL.
ASSIGN, in Law,a Term introduced in favour of Bastards; who, because they cannot pass by the Name of Heirs, are comprised under that of Assigns. See HEIR and BASTARD.
Assign is also used for the appointing of a Deputy, or the making over a Right to another. See ASSIGNEE. In this Sense we say, such Lands or Estate were assigned or affected to such Persons for such Uses, etc. See AFFECTION, etc. In the Stat. 20 Edw. I. we read of Justices assigned to take Assizes, etc. See ASSIZE.
Assign also signifies to point out, or set forth Thus we say, to assign the real Cause of such an Event, etc.
So, to assign Error, is to show in what part of a Process at Law, an Error is committed. See ERROR.
Assign is also used for the appointing of a Deputy, or the making over a Right to another. See ASSIGNEE. In this Sense we say, such Lands or Estate were assigned or affected to such Persons for such Uses, etc. See AFFECTION, etc. In the Stat. 20 Edw. I. we read of Justices assigned to take Assizes, etc. See ASSIZE.
Assign also signifies to point out, or set forth Thus we say, to assign the real Cause of such an Event, etc.
So, to assign Error, is to show in what part of a Process at Law, an Error is committed. See ERROR.
ASSIGNEE, in Law,a Person to whom a Thing is appointed, or assigned, to be occupied, paid, or done. See ASSIGN.
An Assignee differs from a Deputy in this, that the Assignee possesses or enjoys the thing in his own Right, and a Deputy in the Right of another. See DEPUTY.
Assignee may be so either by Deed or by Law.
Assignee by Deed, is when a Lessee of a Term sells and assigns the same to another: that other is his Assignee by Deed.
An Assignee differs from a Deputy in this, that the Assignee possesses or enjoys the thing in his own Right, and a Deputy in the Right of another. See DEPUTY.
Assignee may be so either by Deed or by Law.
Assignee by Deed, is when a Lessee of a Term sells and assigns the same to another: that other is his Assignee by Deed.
ASSURANCE, in Law. See SECURITY.
ASSURANCE, Or INSURANCE, in Commerce. See INSURANCE.
Policy of ASSURANCE, is a Contract whereby one or more Persons oblige themselves to make good any Damages which a Ship, a House, or the like, may undergo, by Sea, Fire, or the like Dangers.—The Nature and Laws hereof see under the Article of Policy of Assurance.
We have several Offices of Assurance from Fire—As, the Sun- Fire Office, the Hand-in-Hand Fire Office; the Phoenix Office, &c.
ASSURANCE, Or INSURANCE, in Commerce. See INSURANCE.
Policy of ASSURANCE, is a Contract whereby one or more Persons oblige themselves to make good any Damages which a Ship, a House, or the like, may undergo, by Sea, Fire, or the like Dangers.—The Nature and Laws hereof see under the Article of Policy of Assurance.
We have several Offices of Assurance from Fire—As, the Sun- Fire Office, the Hand-in-Hand Fire Office; the Phoenix Office, &c.
AT, or Ap, in our ancient Customs, signifies as much as old, ancient.—This, being prefixed to the Names of Places, expresses their Antiquity; as Aldborough, Aldgate, &c.
ATTACHING, or ATTACHMENT, in law, the taking or apprehending a person or thing by commandment or writ. See COMMANDMENT and WRIT.
The word is formed of the French attacher, to fasten, tie; and that from the corrupt Latin attachiare, of attexere, to weave to; or rather from the Celtic tach, a nail, and tacha, to nail.
Lambard makes this difference between an arrest and an attachment; that an arrest proceeds out of an inferior court by precept, and an attachment out of a higher court, by precept or writ; and that a precept to arrest hath these formal words, duci facias, etc., and a writ of attachment these, praecipimus tibi quod attachies talem, et habeas eum coram nobis. See ARREST.
The word is formed of the French attacher, to fasten, tie; and that from the corrupt Latin attachiare, of attexere, to weave to; or rather from the Celtic tach, a nail, and tacha, to nail.
Lambard makes this difference between an arrest and an attachment; that an arrest proceeds out of an inferior court by precept, and an attachment out of a higher court, by precept or writ; and that a precept to arrest hath these formal words, duci facias, etc., and a writ of attachment these, praecipimus tibi quod attachies talem, et habeas eum coram nobis. See ARREST.
ATTAINDER, in law, is when a man has committed felony, or treason, and judgment is passed upon him. See FELONY and TREASON. The children of a person attainted of treason cannot be heirs to him, or any other ancestor; and if he were noble before, his posterity are hereby degraded and made base: Nor can this corruption of blood be saved but by an act of parliament, unless the judgment be reversed by a writ of error. See ATTAINTED. Our ancient laws make this difference between attainder and conviction, that a man was said to be convicted presently upon the verdict; but not attainted till it appeared he was no clerk, or being a clerk, and demanded by his ordinary, could not purge himself. See CLERGY.—add, that attainder is more extensive than conviction; conviction being only by the jury, and attainder not before judgment. See CONVICTION. A man is attainted two ways, by appearance, or by process. Attainder by appearance, is either by confession, by battle, or by verdict.—Confession, whereof attaint grows, is twofold; one at the bar before the judges, when the prisoner, upon his indictment read, owns himself guilty, never putting himself on his jury. The other is before the coroner, in sanctuary; where he, upon his confession, was in former times constrained to abjure the realm, which is also called attainder by abjuration. See SANCTUARY and ABJURATION.
ATTAINTED, in law, is used for a person found guilty of some crime or offence, particularly of felony or treason. See ATTAINDER.
Yet a man is said to be attainted of disseisin; and so it is used in French: as, être attaint, & vaincu en aucun cas, is to be cast in any cause.
Yet a man is said to be attainted of disseisin; and so it is used in French: as, être attaint, & vaincu en aucun cas, is to be cast in any cause.
ATTENDANT, in law, signifies one that owes duty or service to another, or depends upon him. Thus if there be lord, mesne, and tenant; and the tenant hold of the mesne by a penny; and the mesne hold over by two pence: If the mesne releases to the tenant all his right in the land, and the tenant die, his wife shall be endowed of the land, and shall be attendant to the heir, of the third part of the penny, not of the third part of the two pence; she being to be endowed of the best possession of her husband.—Where the wife is endowed by the guardian, she shall be attendant to the guardian, and to the heir at his full age. See WIFE and WOMAN.