Assize, Or Assise - Definition - Law Dictionary Home Dictionary Definition assize-or-assise

Definition :

Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol committed for any offence whatsoever, so as to clear the prisons. (3) Of Nisi Prius, directed to the judges, the clerks of assize, and others, by which civil causes, in which issue has been joined in one of the Divisions of the High Court of Justice, are tried on circuit by a jury of twelve men of the county in which the venue is laid. See NISI PRIUS. (4) A commission of the peace, by which all justices are bound to be present at their county assizes, besides the sheriffs, to give attendance to the judges or else suffer a fine. There used to be another commission-that of assize, directed to the judges and clerk of assize, to take assizes and do right upon writs of assize brought before them, by such as were wrongfully thrust out of their possessions. These writs are abolished, and recourse is had to an action of ejectment, tried at Nisi Prius. (II) The other division of commissions is special, granted to certain judges to try certain causes and crimes, Bracton, lib. 3. See now the Judicature Act, 1925, ss. 70 et seq., under which, however, no very material alteration is made in the manner of holding the assizes. S. 70 (5) gives power to any commissioner acting under a commission of assize or any other commission issued under this section, to try and determine matrimonial causes of any class prescribed by the Lord Chancellor

with the concurrence of the Lord Chief Justice

and the President of the Probate Division. The commissioner has all the powers and duties which are vested in the Probate Division in respect of such causes. Undefended causes and certain others brought or defended by poor persons may be tried at certain circuit towns. See R. S.C., Ord. XXXVIA., r. 8.

The holding of Winter and Spring Assizes is regulated by Orders in Council issued from time to time under (English) Winter and Spring Judicature Act, 1925, s. 72; but if there is no business to be transacted, the holding of assizes may be dispensed with, by virtue of s. 78. Winter Assizes means any court of assize held in September, October, November, December or January.

Spring Assizes means any Court of assize held in March, April or May, s. 225.

In the practice of the criminal courts of Scotland, the fifteen men who decide on the conviction or acquittal of an accused person are called the assize, though in popular language, and even in statutes, they are called the jury.