ASPORTATION. The act of carrying a thing away; the removing a thing from one place to another. Vide Carrying away; Taking.

ASSASSIN, crim, law. An assassin is one who attacks another either traitorously¹, or with the advantage of arms or place) or of a number of persons who support him, and kills his victim. This being done with malice², aforethought, is murder. The term assassin is but little used in the common law, it is borrowed from the civil law.

ASSASSINATION³, crim. law. A murder committed by an assassin. By assassination is understood a murder committed for hire in money, without any provocation⁴ or cause of resentment⁵ given by the person against whom the crime is directed. Ersk. Inst. B. 4, t. 4, n. 45.

ASSAULT, crim. law. An assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another, whether from malice or wantonness; for example, by striking at him or even holding up the fist at him in a threatening or insulting manner, or with other circumstances as denote at the time. an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it. 6 Rogers Rec: 9. When the injury is actually inflicted⁶, it amounts to a battery. (q. v.)

2. Assaults are either simple or aggravated⁷. 1. A simple assault is one Where there is no intention to do any other injury. This is punished at common law by fine and imprisonment⁸. 2. An aggravated assault is one that has in addition to the bare intention to commit it, another object which is also criminal; for example, if a man should fire a pistol at another and miss him, the former would be guilty of an assault with intent to murder; so an assault with intent to rob a man, or with intent to spoil his clothes, and the like, are aggravated assaults, and they are more severely⁹ punished than simple assaults. General references, 1 East, P. C. 406; Bull. N. P. 15; Hawk¹⁰. P. B. b. 1, c. 62, s. 12; 1 Russ. Cr. 604; 2 Camp. Rep. 650 1 Wheeler's Cr. C. 364; 6 Rogers' Rec. 9; 1 Serg. & Rawle, 347 Bac. Ab. h. t.; Roscoe. Cr. Ev. 210.

ASSAY¹¹. A chemical examination of metals, by which the quantity of valuable or precious metal contained in any mineral or metallic¹² mixture is ascertained¹³. 2. By the acts of Congress of March 3, 1823, 3 Story's L. U. S. 1924; of June 25, 1834, 4 Shars. cont. Story's L. U. S. 2373; and of June 28, 1834, Id. 2377, it is made the duty of the secretary of the treasury¹⁴ to cause assays¹⁵ to be made at the mint of the United States, of certain coins made current by the said acts, and to make report of the result thereof to congress.

ASSEMBLY. The union of a number of persons in the same place. There are several kinds of assemblies.

2. Political assemblies, or those authorized¹⁶ by the constitution and laws; for example, the general assembly, which includes the senate and house of representatives; the meeting of the electors of the president and vice-president of the United States, may also be called an assembly.

3. Popular assemblies are those where the people meet to deliberate upon their rights; these are guaranteed by the constitution. Const. U. S. Amend¹⁷. art. 1 Const. of Penn. art. 9, s. 20.

4. Unlawful assemblies. An unlawful assembly is the meeting of three or more persons to do an unlawful act, although they may not carry their purpose into execution. It differs from a riot or rout¹⁸, (q. v.) because in each of the latter-cases there is some act done besides the simple meeting.

ASSENT¹⁹, contracts. An agreement to something that has been done before.

2. It is either express, where it is openly declared; or implied, where it is presumed by law. For instance, when a conveyance²⁰ is made to a man, his assent to it is presumed, for the following reasons; cause there is a strong intendment of law, that it is for a person's benefit to take, and no man can be supposed to be unwilling²¹ to do that which is for his advantage. 2. Because it would seem incongruous and absurd, that when a conveyance is completely executed on the part of the grantor, the estate should continue in him. 3. Because it is contrary to the policy of law to permit the freehold to remain in suspense²² and uncertainty²³. 2 Ventr. 201; 3 Mod. 296A 3 Lev. 284; Show. P. C. 150; 3 Barn. & Alders²⁴. 31; 1 Binn. R. 502; 2 Hayw. 234; 12 Mass IR. 461 4 Day, 395; 5 S. & R. 523 20 John. R. 184; 14 S. & R. 296 15 Wend. R. 656; 4 Halst. R. 161; 6 Verm. R. 411.

3. When a devise draws after it no charge or risk of loss, and is, therefore, a mere²⁵ bounty²⁶, the assent of the devisee to, take it will be presumed. 17 Mass. 73, 4. A dissent²⁷ properly expressed would prevent the title from passing from the grantor unto the grantee. 1 2 Mass. R. 46 1. See 3 Munf. R. 345; 4 Munf. R. 332, pl. 9 5 Serg. & Rawle, 523; 8 Watts²⁸, R. 9, 11 20 Johns. R. 184. The rule requiring an express dissent, does not apply, however, when the grantee is bound to pay a consideration for the thing granted. 1 Wash. C. C. Rep. 70.

4. When an offer to do a thing has been made, it is not binding²⁹ on the party making it, until the assent of the other paity has been given and such assent must be to the same subject-matter, in the same sense. 1 Summ. 218. When such assent is given, before the offer is withdrawn³⁰, the contract is complete. 6 Wend. 103. See 5 Wend. 523; 5 Greenl. R. 419; 3 Mass. 1; 8 S. R. 243; 12 John. 190; 19 John. 205; 4 Call, R. 379 1 Fairf. 185; and Offer.

5. In general, when an assignment is made to one for the benefit of creditors³¹ the assent of the assignees will be presumed. 1 Binn. 502, 518; 6 W. & S. 339; 8 Leigh, R. 272, 281. But see 24 Wend. 280.

ASSERTORY COVENANT³². One by which the covenantor³³ affirms that a certain fact is in a particular way, as that the grantor of land is lawfully³⁴ seised; that it is clear of encumbrances³⁵, and the like. If the assertion is false, these covenants³⁶ are broken the moment that the instrument is signed. See 11 S. & R. 109, 112.