TO ASSESS.

1. To rate or to fix the proportion which every person has to pay of any particular tax.

2. To assess damages is to ascertain¹ what damages are due to the plaintiff; in actions founded on writings, in many cases after interlocutory judgment³, the prothonotary is directed to assess the damages; in cases sounding in tort the damages are frequently assessed on a writ² of inquiry⁴ by the sheriff and a jury.

2. In actions for damages, the jury are required to fix the amount or to assess the damages. In the exercise of this power or duty, the jury must be guided by sound discretion⁵, and, when the circumstances will warrant it, may give high damages. Const. Rep. 500. The jury must, in the assessment⁶ of damages be guided by their own judgment, nd not by a blind chance. They cannot lawfully⁸, therefore, in making up their verdict, each one put down a sum, add the sums together, divide the aggregate⁹ by the number of jurors, and adopt the quotient for their verdict. 1 Cowen, 238.

ASSESSMENT. The making out a list of property, and fixing its valuation or appraisement¹¹; it is also applied¹² to making out a list of persons, and appraising¹³ their several occupations, chiefly with a view of taxing the said persons and their property.

ASSESSMENT OF DAMAGES. After an interlocutory judgment has been obtained, the damages must be, ascertained¹⁴; the act of thus fixing the amount of damages is called the assessment of damages.

2. In cases sounding in damages, (q. v.) that is, when the object of the action is to recover damages only, and not brought for the specific recovery of lands, goods, or sums of money, the usual course is to issue a writ of inquiry, (q. v.) and, by virtue¹⁵ of such writ, the sheriff, aided by twelve lawful⁷ men, ascertains¹⁶ the amount of damages, and makes return to the court of the inquisition, which, unless set aside, fixes the damages, and a final judgment follows.

3. When, on the contrary, the action is founded on a promissory note, bond, or other contract in writing, by which the amount of money due may be easily computed¹⁷, it is the practice, in some courts, to refer to the clerk or prothonotary the assessment of damages,. and in such case no writ of inquiry is issued. 3 Bouv. Inst. n. 8300.

ASSESSORS, civil law. So called from the word adsidere, which Signifies to be seated with the judge. They were lawyers who were appointed to assist, by their advice, the Roman magistrates¹⁸, who were generally ignorant of law. being mere¹⁹ military men. Dig. lib. 1, t. 22; Code, lib. 1, t. 51.

2. In our law an assessor is one who has been legally appointed to value and appraise¹⁰ property, generally. with a view of laying a tax on it.

ASSETS. The property in the hands of an heir, executor, administrator²⁰ or trustee, which is legally or equitably²¹ chargeable with the obligations, which such heir, executor, administrator or other trustee, is, as such, required to discharge, is called assets. The term is derived²² from the French word assez, enough; that is, the heir or trustee has enough property. But the property is still called assets, although there may not be enough to discharge all the obligations; and the heir, executor, &c., is chargeable in distribution as far as such property extends.

2. Assets are sometimes divided by all the old writers, into assets enter mains and assets per descent; considered as to their mode of distribution, they are 1egal or equitable²³; as to the property from which they arise, they are real or personal.

3. Assets enter maim²⁴, or assets in hand, is such property as at once comes to the executor or other trustee, for the purpose of satisfying claims against him as such. Termes de la Ley.

4. Assets per descent, is that portion of the ancestor's estate which descends²⁶ to the heir, and which is sufficient to charge him, as far as it goes, with the specialty²⁷ debts of his ancestor. 2 Williams on Ex. 1011.

5. Legal assets, are such as constitute the fund for the payment of debts according to their legal priority.

6. Equitable assets, are such as can be reached only by the aid of a court of equity²⁸, and are to be divided,, pari passu, among all the creditors²⁹; as when a debtor³⁰ has made his property subject to his debts generally, which, without his act would not have been so subject. 1 Madd. Ch. 586; 2 Fonbl. 40 1, et seq.; Willis on Trust, 118.

7. Real assets, are such as descend²⁵ to the heir, as in estate in fee simple.

8. Personal assets, are such goods and chattels³¹ to which the executor or administrator is entitled.

9. In commerce, by assets is understood all the stock in trade, cash, and all available property belonging to a merchant or company. Vide, generally, Williams on Exec. Index, h. t.; Toll³². on Exec. Index, h. t.; 2 Bl. Com. 510, 511; 3 Vin. Ab. 141; 11 Vin. Ab. 239; 1 Vern. 94; 3 Ves. Jr. 117; Gordon's Law of Decedents, Index, h. t.; Ram³³ on Assets.