ASSEVERATION. The proof which a man gives of the truth of what be says, by appealing to his conscience as a witness. It differs from an oath in this, that by the latter he appeals to God as a witness of the truth of what he says, and invokes1 him as the avenger2 of falsehood and perfidy3, to punish him if he speak not the truth. Vide Affirmation; Oath; and Merl. Quest. de Droit, mot Serment.
TO ASSIGN, contracts; practice. 1. To make a right over to another; as to assign an estate, an annuity4, a bond, &c., over to another. 5 John. Rep: 391. 2. To appoint; as, to appoint a deputy,, &c. Justices are also said to be assigned to keep the peace. 3. To set forth5 or point out; as, to " assign errors," to show where the error is committed; or to assign false judgment6, to show wherein it was unjust. F. N. B. 19.
ASSIGNATION, Scotch7 law. The ceding8 or yielding a thing to another of which intimation must be made. ASSIGNEE. One to whom an assignment has been made.
2. Assignees are either assignees in fact or assignees in law. An assignee in fact is one to whom an assignment has been made in fact by the party having the right. An assignee in law is one in whom the law vest's the right, as an executor or administrator10. Co. Litt. 210 a, note 1; Hob. 9. Vide Assigns, and 1 Vern. 425; 1 Salk. 81 7 East, 337; Bac. Ab. Covenant11, E; a Saund. 182, note 1; Arch. Civ. PI. 50, 58, 70 Supp, to Ves. Jr, 72 2 Phil. Ev. Index, h. t.
ASSIGNMENT, contracts. In common parlance12 this word signifies the transfer of all kinds of property, real, personal, and mixed, and whether the same be in possession or in action; as, a general assignment. In a more technical sense it Is usually applied13 to the transfer of a term for years; but it is more properly used to signify a transfer of some particular estate or interest in lands.
2. The proper technical words of an assignment are, assign, transfer, and set over; but the words grant, bargain, and sell, or any other words which will show the intent of the parties to make a complete transfer, will amount to an assignment.
3. A chose in action cannot be assigned at law, though it may be done in equity14; but the assignee takes it subject to all the equity to which it was liable in the hands of the original party. 2 John. Ch. Rep. 443, and the cases there cited. 2 Wash. Rep. 233.
4. The deed by which an assignment is made,, is also called an assignment. Vide, generally, Com. Dig. h. t.; Bac. Ab. h. t. Vin. Ab. h. t.; Nelson's Ab. h. t.; Civ. Code of Louis. art. 2612. In relation to general assignments, see Angell on Assignments, passim; 1 Hate & Wall. Sel. Dec. 78-85.
5. By an assignment of a right all the accessories which belong to it, will pass with it as, if the assignor of a bond had collateral15 security, or a lien16 on property, the collateral security and the lien will pass with the assignment of the bond. 2 Penn. 361; 3 Bibb, 291; 4 B. Munroe, 529; 2 Drev. n. 218; 1 P. St. R. 454. 6. The assignment of a thing also carries with it all that belongs to it by right of accession; if, therefore, the thing produce interest or rent, the interest or the arrearages of the rent since the assignment, will belong to the assignee. 7 John. Cas. 90 6 Pick. 360.
ASSIGMENT OF DOWER. The act by which the rights of a widow, in her deceased hushand's real estate, are ascertained18 and set apart for her benefit. 2 Bouv. Inst. 242.
ASSIGNMENT OF ERRORS. The act by which the plaintiff in error points out the errors in the record of which he complains.
2. The errors should be assigned in distinct terms, such as the defeudant in error may plead to; and all the errors of which the plaintiff complains should be assigned. 9 Port. 186; 16 Conn. 83; 6 Dana, 242 3 How. (Miss.) R. 77.
ASSIGNOR. One who makes an assignment; one who transfers property to another.
2. In general the assignor can limit the operation of his assignment, and impose whatever condition he may think proper, but when he makes a general assignment in trust for the use of his creditors19, he can impose no condition whatever which will deprive them of any right; 14 Pick. 123; 15 John. 151; 7 Cowen, 735; 5 Cowen, 547 20 John. 442; 2 Pick. 129; nor any condition forbidden by law; as giving preference when the law forbids it.
3. Ad assignor may legally choose his own trustees. 1 Binn. 514.
ASSIGNS, contracts. Those to whom rights have been transmitted by particular title, such as sale, gift, legacy20, transfer, or cession17. Vide Ham. Paities, 230; Lofft. 316. These words, and also the word forever, are commonly added to the word heirs in deeds conveying a fee simple, heirs and assigns forever "but they are in such cases inoperative. 2 Barton's Elem. Convey. 7, (n.) But see Fleta, lib. 3, cap. 14, 6. The use of naming them, is explained in Spencer's Case, 5 Rep. 16; and Ham. Parties, 128. The word heirs, however, does not include or imply assigns. 1 Anderson's Rep. 299.
ASSISES OF JERUSALEM. The name of a code of feudal21 law, made at a general assembly of lords, after the conquest of Jerusalem. It was compiled principally from the laws and customs of France. They were reduced to form about the year 1290, by Jean d'Iblin, comte de Japhe et d'Ascalon. Fournel (Hist. des Avocats, vol. i. p. 49,) calls them the most precious monument of our (French) ancient law. He defines the word assises to signify the assemblies of the great, men of the realm. See also, 2 Profession d'Avocat, par9 Dupin, 674 to 680; Steph. on Plead. App. p. xi.
ASSISORS, Scotch law. This term corresponds nearly to that of jurors.
ASSIZE, Eng. law. This was the name of an ancient court; it derived22 its name from assideo, to sit together. Litt. s. 234; Co. Litt. 153 b., 159 b. It was a kind of jury before which no evidence was adduced, their verdict being regarded 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 restitution23 of a freehold, of which the complainant had been disseised. Bac. Ab. h. t. Assizes were of four kinds: Mort d'ancestor Novel Disseisin Darrien Presentment; and Utrum. Neale's F. & F. 84. This reimedy has given way to others less perplexed24 and more expeditious25. Bac. Ab. h. t.; Co. Litt. 153-155.
3. The final judgment for the plaintiff in an assize of Novel Disseisin, is, that he recover per visum recognitorum, and it is sufficiently26 certain. if the recognitors can put the demandant in possession. Dyer, 84 b; 10 Wentw. PI. 221, note. In this action, the plaintiff 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 interlocutory judgment, or award in the nature of a judgment, and which to divers27 intents and purposes, is a judgment; 11 Co. Rep. 40 b; like the judgment of quod computet, in account render; or quod partitio flat, in partition; quod mensuratio fiat28; ouster of aid; award of a writ29 of inquiry30, in waste.; of damages in trespass31; upon these and the like judgments32, a writ of error does not lie. 11 Co. Rep. 40 a; Metcalf's Case, 2 Inst. 344 a: 24 Ed. III, 29 B 19.
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