ASSIZES ASSUMPSIT. 



307 



which lias original cognizance of it, in private session 

 (en ehambre de conseil). If facts and circumstances 

 satisfy this tribunal that the accused is innocent, or, 

 from the nature of the case, that proof of guilt is not 

 to be expected, he is acquitted. If the offence alleg- 

 ed against him is found to be not of the highest class, 

 crimes, but of an inferior kind, delits, which are de- 

 fined to be infractions d'tin ordre inferieur punies 

 sen [orient de peines correctionnelles ou de police, it is 

 referred to the tribunaux correctionnelles ; if it be a 

 mere infringement of the rules established for the sake 

 of good order, contravention, it falls within the juris- 

 diction of the common police authorities. If the 

 previous examination raises a probability of the guilt 

 "of the accused, the whole cause is referred, in the case 

 of a crime, technically so called, with an explanatory 

 report, to the high court (cour royale). This body 

 deliberates on the subject (en ehambre de conseil), &nd 

 hears the arguments of the attorney-general, and, if 

 the act alleged is found to be criminal, and capable 

 of being proved, a formal accusation is drawn up, 

 and the culprit subjected to a special trial, to fix the 

 degree of his guilt (arret des renvois aux assises.) 

 The courts for the trial of criminal cases hold their 

 sessions, in eacli department, at least once every 

 three months, and dispose of all cases which have 

 accumulated during the vacation. The institution of 

 a jury rests u[>on the liberal principle, that no indi- 

 vidual servant of the state can lawfully have power 

 over the life and death of a citizen ; and that a power 

 so important ought rather to be committed to a num- 

 ber of well-qua fified men, chosen from the midst of 

 the nation, who shall return, at the close of the ses- 

 sion, to the same rank which they held before. Four 

 days, at least, before the opening of the assizes, the 

 prefect communicates to the president of the assizes 

 a list of sixty persons in the department, who are 

 eligible to the office of jurymen. Every juryman is 

 required to be at least thirty years of age, and enjoy 

 all the rights and privileges of a citizen : it is also 

 required, that he should be a member of the college 

 electorate, or one of the 300 inhabitants in the county 

 who pay the highest taxes ; a doctor, licentiate, or 

 corresponding member of some literary society, re- 

 cognized by the government ; a notary or a licensed 

 banker, an exchange broker, a merchant or trader of 

 the first or second class, an officer of the civil service, 

 with an income of, at least, 4000 francs per annum ; 

 or he must have a special qualification. Ministers of 

 government, prefects, sub-prefects, judges, state- 

 attorneys, and clergymen, and every one who has 

 before been engaged officially or privately in the 

 criminal cause, are wholly excluded from this num- 

 ber. The president of the assizes, before mentioned, 

 by virtue of his pouvoir discretionnaire (discretionary 

 power), selects twenty-four persons from this list of 

 sixty. He obtains likewise, a list of all eligible per- 

 sons in the place where the assizes hold their session, 

 that, in case the thirty-six remaining jurymen should 

 be prevented from attending, so many may be added, 

 that, at least, thirty may be present at the sessions. 

 The state's attorney then appears before the assizes 

 as an accuser in behalf of the public, and the accused 

 with his advocate : the accused is previously furnish- 

 ed, in writing, with his accusation, the day of trial, a 

 copy of the documents to be used, and the mimes of 

 the witnesses and jury. Both the attorney- general 

 and the accused have a right to reject some of the 

 jury, and twelve are chosen by lot out of those that 

 remaia After they are chosen, they take their seats 

 upon a sort of stage, and the doors are thrown open, 

 that their proceedings may be subject to public scru- 

 tiny. The president now administers the oath to the 

 twelve jurymen : then the accusation and the accom- 

 panying documents, including the observations col- 



lected on the spot where the offence was committed, 

 are read. The attorney for the government sets forth 

 the essential points in the accusation, which are in- 

 vestigated with reference to the attendent circum- 

 stances, and the corpora delicti. The evidence on 

 both sides is then read from the record of the former 

 trial, but the question of guilt or innocence is deter- 

 mined by the oral testimony given in at the time. 

 Moreover, the rest of the judges present, the jury, 

 the state's attorney, the accused and his advocate, 

 also the party who complains of the injury, have full 

 liberty to propose further questions to the witnesses. 

 When the examination is concluded, the state's at 

 torney, the complainant and the advocate, and, if he 

 wishes it, the accused, speak, in succession, upon the 

 question at issue, usually twice each. The witnesses 

 are often questioned anew in regard to any doubtful 

 expressions, and, if every thing necessary for the 

 sentence is accomplished during the session, the 

 president, at the same session, declares the process 

 finished. The presiding officer then briefly sums up 

 the evidence on Iwth sides, and gives the jurymen a 

 written copy of the points to be decided. Upon this, 

 they retire to confer, and, on their return, declare 

 publicly the result of their deliberations. If only 

 seven out of the twelve jurymen bring the accused 

 in guilty, the judges take up the question, and, if 

 the majority of the judges coincide with the minority 

 of the jury, the accused is acquitted. If all the 

 judges are in favour of his acquittal, and the whole 

 or more than seven of the jury are in favour of his 

 condemnation, the cause is deferred till the next 

 session, at which it is finally decided. If the majority 

 of the jury are for the acquittal of the accused, the 

 president orders him to be set at liberty, unless some 

 other accusation demands his further detention. If 

 the accused is brought in guilty, a new question 

 arises, relating to the punishment proper to be in- 

 flicted, or the satisfaction to be made to the party 

 injured. Upon this the judges agree among them- 

 selves, and then assign the grounds of their decision. 

 Against this sentence no appeal can be made, except 

 to the court of cassation, (q. v.) This court receives 

 the petition of the appellant as well founded, if a 

 want of substantial validity, or an error in form, is 

 pointed out, or if the sentence has manifestly been 

 passed in violation of some existing law ; and they 

 refer the cause, for decision, to another court ot 

 assizes. 



ASSONANCE, in rhetoric and poetry ; a term used 

 when the words of a phrase or verse have the same 

 sound or termination, and yet make no proper rhyme. 

 This is usually a fault in English : the Romans some- 

 times used it with elegance. The Latins call this 

 similiter desinens ; the Greeks, e^o/TXii/Tov. 



ASSONANT RHYMES is a term particularly applied to 

 a kind of verses, common among the Spaniards, 

 where the vowels only are required to rhyme ; as, 

 ligera, cubierta, tierra, mesa, may answer each other 

 in a kind of assonant rhyme. 



ASSUMPSIT, in English law, is an action to recover 

 a compensation in damages for the non-performance 

 of a parole promise ; that is, a promise, whether verbal 

 or written, not contained in a deed under seal. Ear 

 breach of a promise of the latter kind, assumpsit wm 

 not lie ; but the proper remedy is by action of covenant 

 or debt. The word assumpsit (Latin) means he under- 

 took, and has been taken as the name of this action, 

 from its occurrence in declarations ; i.e., formal state- 

 ments of the plaintiff's cause of action, when these were 

 in Latin. The common law adopts the maxim, that a 

 mere nude agreement and undertaking, without any 

 quid pro quo, will not constitute a binding contrar',. 

 This maxim is commonly said to have been borrowt-d 

 from the civil law, where we find it laid down, that 

 y ..' R 2 



