established by this act, and not to discover the vote or opinion of any member, unless thereunto required by act of parliament, The judge advocate is likewise to take this latter part of the oath; and he is to administer an oath to the witnesses. Persons refusing to give evidence, prevaricating or being guilty of contempt to the court, may be imprisoned for the two first offences for three months, or less, at the discretion of the court; and for the last for one month, or less, in like manner. Perjury, or subornation thereof, shall be punished according to the several acts in force, relative to those crimes. Report is to be made to the admiralty, or commander in chief, before sentence of death, except in cases of mutiny. The articles shall be in force with respect to crews of ships lost or destroyed, and the pay and wages of those who did their duty shall be continued. No person, not flying from justice, shall be tried, unless complaint be made in writing to the admiralty, or a court be ordered within three years, or within one year after the return of the ship or offender. By 21 Geo. c. 27. the articles of war for his majesty's navy and ships of war in 22 Geo. 2. c. 33. are extended to officers and seamen serving in his majesty's vessels employed in the American lakes. By 19 Geo. 3. c. 17. proceedings of courts martial shall not be delayed by the absence of any members, if enough remain to make a court; hut no member shall be absent, except on some extraordinary occasion.

Articles of the Peace, are a complaint exhibited in the courts of Westminster, in order to compel the defendant to find sureties of the peace.

Articles of Religion, are the 39 articles, drawn up by the convocation in 1562, unto which persons admitted into ecclesiastical offices are to subscribe.

Articles of War, a code of laws made by his majesty, from time to time, for the regulation of his land forces, in pursuance of the several annual acts against mutiny and desertion.

ARTIFICERS, a stranger-artificer in London shall not keep more than two stranger servants. 2 Hen. 8. c. 16.

Persons contracting with artificers in wool, iron, steel, brass, or other metal, &c. to go to any foreign country, shall be imprisoned three months; 5 Geo. I. c. 27. and, if any person shall contract with, or encourage any artificers employed in printing callicoes, cottons, muslins, or linens of any sort, or in making any tools or utensils for such manufactory, to go out of Great Britain to any port beyond the seas, he shall forfeit 5001. and be committed to the common goal of the county for twelve months, and until such forfeiture shall be paid. 22 Geo. 3. c. 60, s. 12.

ASPORTATION, a felonious taking, and carrying away the goods of another; the continuance of the property in the possession of the zobber, is not required by the law to compleat the crime.

ASSAULT AND BATTERY, an attempt or offer with force and violence to do a corporal hurt to another; and any injury whatsoever, be it never so small, being actually done to the person of a man, in an angry or revengeful, or rade or insolent manner, are batteries in the eye of the law. 6 Mod. 149.

A man way justify an assault in defence of his person, or of his wife, or master, or parent, or child within age, and even wounding may be jostiɓed in defence of his person, but not of his possessions. 3 Salk. 46. And if he beat him who committed the assault, he may take advantage thereof, both upon an indictment, and upon an action. 1 Hax. 134.

ASSESSED TAXES.—See TAXES.

ASSA Y, the examination of weights and measures, by the clerks of markets and others.

ASSAYER OF THE KING, an officer of the king's mint, for the trial of silver, gold, &c.

ASSENT. See Executor, Legacy, Leases, &c.

ASSESSORS, those that assess public taxes, by rating every per son according to his estate.

ASSETS, are goods or property in the hands of a person, with which he is enabled to discharge an obligation imposed upon him by Another; they may be either real or personal. Where a person holds lands in fee simple, and dies seised thereof, those lands when they are come to the heir, are called assets. So far as obligations are left on the part of the deceased to be fulfilled, they are called assets real. When such assets fall into the management of executors, they are called assots inter mains. When the property left, consists of goods, money, or personal property, they are called assets persenal.

ASSIDERE, or ASSIDARE, to tax equally. Also to sign an annual rent, to be paid out of a particular farm.

ASSIGN, to set over right to another.

ASSIGNEE, or ASSIGNEES, are those persons in whom the property of a bankrupt is vested by assignment from the commissioners. Bills of exchange, promissory notes, &c. may also be assigned over, and the assignee may bring an action for such, negociable in his own ‹ game. But, in the case of an assignment of specialty, or bond, the action must be brought in the name of the party making the assign. ment.-See BANKRUPT, infra.

ASSIGNMENT, is a transfer or making over to another, of the

F

right one has in any estate; but it is usually applied to an estate for life or years. And it differs in a lease only in this; that by a lease one grants an interest less than his own, reserving to himself a rever◄ sion; in assignment he parts with the whole property, and the assignee stands to all intents and purposes in the place of the assignor. 2 Black. 326.

ASSISE, is taken for the court, place, or time, when and where the writs and processes of assise are handled or taken. Concerning the general assises, all the counties of England are divided into six circuits; and two judges are assigned by the king's commission to every circuit, who hold their assises twice a year in every county (except Middlesex, where the king's courts of record are held; and his courts for his counties palatine), and have five several commissions.

A commission of assise directed to themselves and the clerk of the assise, to take the assises, that is to take the verdict of a peculiar species of jury, called an assise, summoned for the trial of landed disputes.

A commission of oyer and terminer, 'empowering them to hear and determine treasons, felonies, and other misdemeanors, whether the persons be in gaol or not.

A commission of general gaol delivery, to try every prisoner in the gaol committed for any offence whatsoever, but only such prisoners as are in gaol.

A commission or writ of nisi prius, by which civil causes, brought to issue in the courts above, are tried in the vacation by a jury of twelve men of the county where the action arises, and on return of the verdict of the jury to the court above, the judges there give judgment.

A commission of the peace, in every county of the circuits; and all justices of the peace of the county are bound to be present at the

assises.

ASSISE OF THE FOREST, a statute touching orders to be ohserved in the king's forest.

ASSISERS, in Scotland, the same witb jurors.

ASSISUS, rented or farmed out for such an assise, or certain as sessed rent, in money or provisions.

ASSITHMENT, a wiregild or compensation, by a pecuniary fine. ASSOCIATION, a writ sent by the king to the justices appointed. to take assises, to have others associated unto them; as where a justice

of assise dies.

ASSOILE, to deliver from excommunication.

ASSUMPSIT, an assumpsit is a voluntary promise made by word,

or supposed to be made by word, whereby a person upon some valu able consideration, assumeth or undertaketh to perform or pay something to another.

An assumpsit is either express or implied. Express, is by direct agreement either by word, or by note in writing without seal; as when a person assumes or promises to pay money upon a bargain or sale, and fails so to do, an action of assumpsit lies against him. 3 Black. 157.

Implied contracts, are such as do not arise from the express determination of any court, on the positive directions of any statute; but from natural reason and the just construction of the law; extending to all presumptive undertakings and assumpsits: which though never, perhaps, actually made, yet constantly arise upon this general implication and intendment of the courts of judicature; that every man kath engaged to perform what his duty or justice requires. Thus where one takes up goods or wares of a tradesman, without expressly agreeing for the price, the law concludes that both parties did intentionally agree, that the real value of the goods should be paid; and an action of assumpsit may be brought accordingly. 3 Black. 162.

ASSURANCE OF LANDS, is where lands or tenements are con veyed by deed; see also INSURANCE.

ASTARIUS HERES, where the ancestor by conveyance, hath set his heir apparent and his family in a house in his life-time.

ATTACH, to take or apprehend by commandment of a writ or precept.

ATTACHIAMENTA BONORUM, a distress taken upon goods Or chattels, where a man is sued for a personal estate or debt, by the legal attachiators or bailiffs, as security to answer an action.

ATTACHMENT, is a process that issues at the discretion of the judges of a court of record, against a person for some contempt; against which all courts of record, but more especially those of Westminster-hall, may proceed in a summary way. Thus sheriffs and other officers are liable to an attachment for an oppressive or illegal practice in the execution of a writ,

ATTACHMENT foreign, is an attachment of the goods of foreigners, found in some liberty or city, to satisfy their creditors within such liberty. Carth. Rep. 66. And by the custom of some places, as London, &c. a man may attach money or goods in the hands of a stranger; though by the custom of London money may be attached before due as a debt; but not levied before due. But a foreign attachment cannot be had when a suit is depending in any of the courts

at Westminster; and nothing is attachable but for a certain and due deht. Cro. Eliz. 691.

ATTACHMENT OF THE FOREST, is the lowest of the threa courts held there. The middle one is called the Swainmote; the highest the justice in Eyre's seat.

ATTACHMENT OF PRIVILEGE, is where a man by virtue of his privilege, calls another to that court whereto he himself belongs; and in respect thereof is privileged, there to answer some action.

ATTAINDER, is properly where sentence is pronounced against a person convicted of treason or felony he is then tainted or stained, whereby his blood is so much corrupted, that by the common law his children or other kindred cannot inherit his estate, nor his wife claim her dower, and the same cannot be restored or saved but by act of parlaiment.

ATTAINT, is a writ that lies to enquire whether a jury of twelve men gave a false verdict. But this proceeding is now entirely dis used; and instead of attaint, motions are usually made for new trials, when a verdict is against evidence. 3 Black. 390.

ATTENDANT, one that owes a duty or service to another. Thus there is a lord, mesne, and tenant; the tenant holds of the mesne by a penny; the mesne holds over by two-pence; the mesne releases to the tenant, all the right he hath in the land, and the tenant dies; his wife shall be endowed of the land, and she shall be attendant to the heir of the third part of the penny, not of the third part of the two-pence, for she shall be endowed of the best possession of her husband.

ATTERMINING, is used for a term granted for payment of

a debt.

ATTORNARE REM, to assign or appropriate money or goods to some particular use and service.

a writ to

ATTORNATO FACIENDO VEL RECIPIENDO, command a sheriff or steward of a county, or hundred court, to re ceive or admit an attorney, to appear for the person that owes suit

of court.

ATTORNEY, is a person legally authorised, by another, to pay or receive monies, sue or transact any other kind of business, in the name of such person as shall appoint him his lawful

attorney.

Attorney is either public, in the king's courts of record; or pri vate upon occasion of any particular business; who is commonly made by virtue of a power of attorney, which must be drawn up in

a legal form, adapted to the case.

the business of other men, by whom they are retained. Attornies ATTORNIES AT LAW, are such persons as take upon them