ASSIZE

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ASSIZE

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 wasa kind of jury before which no evidence was adduced, their verdict beingregarded 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 ofa freehold, of which the complainant had been disseised. Bac. Ab. h.t.Assizes were of four kinds: Mort d'ancestor Novel Disseisin DarrienPresentment; and Utrum. Neale's F. & F. 84. This remedy has given way toothers less perplexed and more expeditious. Bac. Ab. h.t.; Co. Litt. 153-155. 3. The final judgment for the plaintiff in an assize of NovelDisseisin, is, that he recover per visum recognitorum, and it issufficiently certain. if the recognitors can put the demandant inpossession. Dyer, 84 b; 10 Wentw. Pl. 221, note. In this action, theplaintiff 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 interlocutoryjudgment, or award in the nature of a judgment, and which to divers intentsand purposes, is a judgment; 11 Co. Rep. 40 b; like the judgment of quodcomputet, in account render; or quod partitio fiat, in partition; quodmensuratio fiat; ouster of aid; award of a writ of inquiry, in waste.; ofdamages in trespass; upon these and the like judgments, a writ of error doesnot lie. 11 Co. Rep. 40 a; Metcalf's Case, 2 Inst. 344 a: 24 Ed. III, 29 B19.

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