A S S 



AssiENTO, in Geography, a country of Africn, on 

 the Gold Coaft, bordered on the north by the unknown 

 regions, on the eaft by Achcm, and on tlie fouthby Akanni 

 or Little Achan. Afficnto is impcrfcdlly known, as its 

 inhabitants maintain little or no corrcfpondence with the 

 maritime negroes. It is faid, however, to be rich in gold, 

 which the Achanefe fometimes bring to the coaft. Its 

 (ituation, near the fource of Rio Sacro de Cofta, is very 

 advantageous for trade, if the natives were more difpofed for 

 commerce, and better acquainted with their own intereih 



ASSIGN, To, in Common Laiv, hath various fignifica- 

 tions : one general, viz. tofet over a right to another, or ap 

 point a djputv, &c. ; another fpecial, viz. to fet forth or point 

 out, as to afiij^n error, afli^n falfe judgment, wafte, &c. 

 In afligning of error, it muft be when tlie error is committed ; 

 in falfe judgment, wherein the judgment is unjull ; in vvafte, 

 wherein efpecially the wafte is committed. Jullices are alio 

 faid to be affigned to take affifes. Stat. 1 1. Hen. VI. c. 2. 



ASSIGNABLE Ma^nkude, in Gdometry, is ufed for any 

 finite magnitude that can be expreficd or denoted, and 

 /ijjignnhk Rafio, for any expreffible ratio. 



Assignee, or Assign, in Latv, a perfon to whom 

 a thing is appointed, or afligned bv the aft of the party, or 

 the operation of law, to be occupied, paid, or dene. 



An aflignee differs from a deputy in this, that the aflignee 

 poffetres or enjoys a thing in his own right ; and a deputy 

 afts in right of another. 



Afiignee may be fo either by deed or by law. 



Assignee hy Dadh v.'h_en a leffee of a term, &c.ftlls and 

 afligns the fame to another : the other is his aflignee by 

 deed. 



Assignee bv La'w, is he whom the law fo makes, without 

 any appointment of the petfon. Thus, an executor is af- 

 iignceby law to theteftator, wlio diespofleffed ot a leafe made 

 to him and his afligns. 



Assignees under a commiffion of bankruptcy, are perfons 

 to whom the bankrupt's eilate is alTigned, for the benefit 

 of the creditors : thev are chofen at one of the three 

 meetings appointed by the commiilioners, and publifhed in 

 the Gazette, by the msjor part in value of the creditors 

 who fnall then have proved their debts ; but they may be 

 originally appointed by the commiffioners, and afterwards 

 approved or rejefted by the creditors : and no creditor (hall 

 be admitted to vote in the choice of aflignecs, whofe debt 

 does not amount to ten pounds. By virtue of the ftatut^'s 

 I Jac. I. c. 15. 21 Jac. I. c. 19. all the perfonal eftate and 

 effefts of the bankrupt are confidered as veiled by the att 

 of bankruptcy in the future affignees of his commiffioners, 

 whether they be goods in actual pofftfiion, or debts, con- 

 trafts, and other chofes in aftion ; and when the affignees 

 are chofen or approved by the creditors, the commiffioners 

 are to affign every thing over to them ; and the property of 

 every part of the eltate is thereby as fully vefted in them, 

 as it was in the bankrupt hiinfelf, and they have the lame 

 remedies to recover it. 12 Mod. 324. 



The affignees may purfue any legal method of recovering 

 the property vcfled in them, by their own authority : but 

 cannot commence a fuit in equity, nor compound any debts 

 owing to the bankrupt, nor rc.^er any matters to arbitration, 

 without the cortfent of the creditors, or a major part of 

 them in value, obtained at a Gazette meetmg. 



The affignees ninft, after four, and within twelve months 

 after the commiffion idued, give one and twenty day; no- 

 tice to the creditors of a meeting for a Dividend; and 

 within eighteen months, a fecond and final dividend fiiall 

 be made, unlcfs all the effects were exhaufted bv the fuft. 



ASSIGNING. See Assign. 

 8 



ASS 



ASSIGNMENT, the aft of affigning or transferring 

 the intereft or property a man has in any thing ; or of ap- 

 pointing or fetting over a rigiit to another. Affignments 

 may be made of lands in fee, for life or years ; of an an- 

 nuity, rent-charge, judgment, itatute, &c.: as to lands, they 

 are ufually of leafcs and ellates for years: and an affignment 

 differs from a leaft only in this ; that by a leafe one grants 

 an intercll lefs than his own, rcferviiig to hinilelf a rever- 

 iion : whereas in affignments he parts with the whole pro- 

 perty, a.id the affignee Hands to all intents and purpofes iu 

 the place of the affignor. 



No eltate of freehold or term of years (hall be affigned, 

 but by deed in writing figned by the parties, except by 

 operation of law. Stat. 29 Car. II. cap. 3. If leffee for 

 years affign all his term in his leafe to another, he cannot 

 referve the rent in the affignment ; for he hath no intereft in 

 the thing by reafon of which the rent lefervtd (houJd be 

 paid ; and where there is no reverfion, there can be no 

 diftrefs : but debt may lie on it as on a contraft. I Lill. 

 Abr. 99. If the executor of a leffee affigns the term, debt 

 will not lie againft him for rent inciuTed after the affign. 

 mcnt; becaufe there is neither privity ot contract nor eltate 

 between the Icffor and executor ; but if the kiTee himfelf 

 affign his leafe, the privity of contraft remains between 

 him and the leffor, although the privity of eftate is gone 

 by the affignment, and he fiiall be chargeable during his 

 life; but alter his death, the privity of contract is lik'jwjfe 

 determined. 3 Rep. 14. 24. Althougli a leffee make an 

 affignment even of his term, yet debt is againft him by the 

 leffor or his heir (not having accepted rent from the 

 ailignee) ; but where a leffee affigi.s his term, and the leffor 

 his reverfion, the privity is determined, and debt doth not 

 lie for the reverfioner againft the firft leffee. Moor 472. 

 If an affignment is made by an affignee, the firft affignee 

 is not fuable for the rent ; for if he be accepted by the 

 leffor, the admiffion of one affignee is the admiffion of 

 twentv. Com p. Attorn. 491. Where a tenant for years 

 affigns his eftate, no conlideration is neceffary; for the 

 tenant being fubjetl to payment of rent, &c. is fufficient 

 to veil an eftate in the affignees ; in other cales, fome con- 

 fideration muft be paid, i Mod. 263. The words required 

 in affignments are, grant, njftgn, and fct over, which may 

 amount to a grant, feoffment, leafe, releafe, confirmation, 

 &c. I Inft. 301. In thefe deeds the affignee is to covenant 

 to fave harmlefs from former grants, S;c. that he is owner 

 of the land, and has power to affign ; that the affignee (hall 

 quietly enjoy, and to make further aflurance; and the 

 affignee covenants to pay the rent, and perform the cove- 

 nants, &c. 



The ttat. 32 Hen. VIII. c. 34. give."! the affignee of a 

 reverfion (after notice of fuch affignment), the fame reme- 

 dies againft the particular tenant, by entry or aftion, for 

 wafte or other forfeitures, non-payment of rent, and non- 

 performance of conditions, covenants, and agreements, as 

 the affignee himfelf might have had ; and makes him equally 

 liable on the other hand, for aits agreed to be performed 

 by the affignee, except in the cafe of warranty. A bond, 

 being a cliofe in aition, cannot be affigned over fo as to 

 enable the affignee to fue in his own name ; and therefore^, 

 the form of ailigning a chofe in attion is in the nature of a 

 declaration of truft, and an agreement to permit the affignee 

 to make nfe of the name of the affignee, in order to recover 

 the poffeffion. Accordingly, when in common acceptation 

 a debt or bond is faid to be affigned over, it muft ft^iU be 

 fued in the name of the original creditor ; the perfon, to 

 whom it is transferred, being rather an attorney than an 

 affignee. But the king is an exception to this general rule i 



