Imatges de pàgina
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such as the governor of a province (Præses), to aid him in the discharge of the judicial duties of his office. It is stated in the Digest, i. tit. 22, “De Officio Assessorum,' that all the duties of assessors, by which the learned in the law discharge their functions, lie pretty nearly in the following matters: cognitiones, postulationes, libelli, edicta, decreta, Epistolæ." The Latin words are here retained, because they cannot be correctly rendered by single equivalents in English. This passage shows that they were persons acquainted with the law, who aided in the discharge of their duties those functionaries who required such assistance. A work of the learned Jurist Sabinus is referred to by Ulpian (Dig. 47, tit. 10, i. 5), which appears from the title to have treated of the duties of assessors. An instance is mentioned in Suetonius ( Galba, 14) of a man being raised from the office of assessor to the high dignity of Præfectus Prætorii. The Emperor Alexander Severus gave the assessors a salary. (Lampridius, Alex. Severus, 46.) In the later empire assessors were also called Conciliarii, Juris studiosi, and Comites. It is conjectured by Savigny (Geschichte des Röm. Rechts im Mittelalter, i. 79) that as the old forms of procedure gradually fell into disuse, the assessors took the place of the judices; or in other words, became Judices. Originally the assessor did not pronounce a sentence; this was done by the magistrate or person who presided. (See the passage in Seneca, De Tranquill. c. 3.)

Two officers called assessors are elected by the burgesses in all municipal boroughs, annually on the 1st of March. The qualifications are the same as those of a councillor; but actual members of the council, the town-clerk, and treasurer are ineligible. In corporate towns divided into wards, two assessors are elected for each ward. The duty of the assessors is to revise the burgess lists in conjunction with the mayor, to be present at the election of councillors, and to ascertain the result of elections. (5 & 6 Will. IV. c. 76.) The word assessor is not usually applied in this country to those whose duty it is to assess the value of property for local or public taxation. This is usually done by a

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"surveyor," who adds this duty incidentally to his general private business. Under the Insolvent Act (7 & 8 Vict. c. 96) an assessor may be appointed for inferior courts, who has power to award imprisonment in cases of fraudulent debts.

ASSESSOR. In Scotland the magistrates of corporate burghs who exercise judicial powers, generally employ some professional lawyer to act as their assessor. It is his duty to see that the proper judicial control is exercised over the preparation of the pleadings, and to make out drafts of the judgments.

ASSETS (from the Norman French assetz, sufficient) is the real and personal property of a party deceased, which, either in the hands of his heir or devisee, or of his executor or administrator, is chargeable with the payment of his debts and legacies. Assets are either personal or real. Personal assets comprehend goods, chattels, debts, and devolve on the executor or administrator; and assets (including all real estate) descend to the heir-at-law, or are devised to the devisee of the testator. Assets are also distinguishable into legal, or such as render the executor or heir liable to a suit at common law on the part of a creditor, and equitable, or such as can only be rendered available by a suit in a court of equity, and are subject to distribution and marshalling among creditors and legatees, according to the equitable rules of that court.

ASSIENTO TREATY; in Spanish, EL ASIENTO DE LOS NEGROS, and EL PACTO or TRATADO DEL ASIENTO, that is, the compact for the farming, or supply, of negroes. It is plain that the word Assiento, though occasionally signifying an assent or agreement, cannot, as is sometimes stated, have that meaning in this expression. Spain, having little or no intercourse with those parts of Africa from which slaves were obtained, used formerly to contract with some other nation that had establishments on the western coast of that continent for the supply of its South American possessions with negroes. Such treaties were made first with Portugal, and afterwards with France, each of which countries, in consideration of enjoying a monopoly of the supply of negroes to the South Ame

rican dominions of Spain, agreed to pay | to that crown a certain sum for each negro imported. In both cases the Assiento was taken by a commercial association in France-by the Guinea Company, which thereupon took the name of the Assiento Company (Compagnie de l'Assiente). Both the Portuguese company and the French were ruined by their contract. At the peace of Utrecht, in 1713, the Assiento, which the French had held since 1702, was transferred to the English for a period of thirty years. In addition to the exclusive right of importing negroes, the new holders of the contract obtained the privilege of sending every year a ship of 500 (afterwards raised to 600) tons to Spanish America, with goods to be entered and disposed of on payment of the same duties which were exacted from Spanish subjects; the crown of Spain, however, reserving to itself one-fourth of the profits, and five per cent. on the remaining three-fourths. The contract was given by Queen Anne to the South Sea Company, which, however, is understood to have made nothing by it, although it was calculated that there was a profit of cent. per cent. upon the goods imported in the annual ship, which usually amounted in value to about 300,000l. So much of this sum as fell to the share of the Company was either counterbalanced by the loss attendant on the supply of the 4800 negroes which they were bound to provide every year, or went chiefly into the pockets of their South American agents, many of whom in a few years made large fortunes. The war which broke out in 1739 stopped the further performance of this contract when there were still four years of it to run; and at the peace of Aix-la-Chapelle, in 1748, the claim of England to this remainder of the privilege was given up. Spain indeed complained, and probably with justice, that the greatest frauds had been all along committed under the provision of the treaty which allowed the contractors to send a shipload of goods every year to South America. It was alleged that the single ship was made the means of introducing into the American markets a quantity of goods amounting to several times her own cargo. The public

feeling in Spain had been so strongly ex cited on the subject of this abuse, that it would have been very difficult to obtain the consent of that country to a renewal of the treaty.

ASSIGNAT. One of the earliest financial measures of the Constituent Assembly, in the French revolution, was to appropriate to national purposes the landed property of the clergy, which, upon the proposition of Mirabeau, was, by a large majority, declared to be at the disposition of the state. (Thiers, Histoire de la Révolution Française, vol. i. p. 194, 2nd ed.) Shortly afterwards, the assembly, desirous to profit by this measure, decreed the sale of lands belonging to the crown and the clergy to the amount of 400 millions of francs, or about sixteen millions sterling (Ib. p. 212). To sell at once so large a portion of the surface of France, without lowering the price of land by overloading the market to such an unexampled extent (Thiers, vol. vii. p. 377), and moreover in a time of mistrust, insecurity, rapid political change, and almost of civil war, was an object of no very easy attainment. It was first proposed that the lands should be transferred to the municipalities, which, not being provided with ready money, might give the state a bond or security for the price, and the state would pay its creditors with these securities, which could, in process of time, be realised, as the municipalities were able successively to sell, at an advantageous price, the lands thus made over to them. The holders of the securities would thus have a claim not on the government, but on the municipal bodies, which would be compellable by process of law to pay; and the creditor might moreover extinguish the debt by buying the lands when put up to sale, and by offering the security in payment. But it might happen that the holder of such securities would be unable to realise them, and might not be willing to purchase any of the lands of the state: in order, therefore, to obviate this objection to the securities in question, it was proposed that they should be transferable and be made a legal tender.

There was also another motive for the adoption of this latter expedient. In con

sequence of the want of confidence and | stagnation of trade which prevailed in France at this time, money had become extremely scarce, and much of the current coin had been withdrawn from circulation; the king and queen had even been forced to send their plate to the mint. (Thiers, vol. i. p. 100.) Under

hese circumstances it was determined to issue a paper-money, based on the security of the unsold lands belonging to the state. The notes thus issued (each of which was for 100 francs, equal to 41.) were called assignats, as representing land which might be transferred or assigned to the holder; and all notes which came back in this manner to the government in payment for national lands were to be cancelled. They moreover bore an interest by the day, like English Exchequerbills. The object of this measure was, therefore, to obtain the full value of the confiscated lands of the clergy (which in the actual state of France was impossible), and to supply the deficiency of coin in the circulation (arising from a feeling of insecurity) by a forced issue of inconvertible paper-money, which, as was predicted by M. de Talleyrand, the Bishop of Autun, would inevitably be depreciated, and cause misery and ruin to the holders of it. (Thiers, vol. i. p. 233-7, and note xviii. p. 382.) The first issue of assignats was to the amount of 400 millions, bearing interest: shortly afterwards 800 millions in addition were issued, but without the liability to pay interest (Ib. p. 256). The last of these issues was made in September, 1790. But as, in the beginning of the following year, the Legislative Assembly sequestered the property of all the emigrants, a numerous and wealthy class, for the benefit of the state (Thiers, vol. ii. p. 51), it was thought that the amount of the national securities having been increased, the issues might be safely increased likewise accordingly, in September, 1792, although 2500 millions had been already issued, a fresh issue, to the amount of 200 millions, was ordered by the Convention. (Thiers, vol. iii. p. 151.) Towards the end of this year, the double effects of the general insecurity of property and person, and of the depreciation |

of assignats caused by their over-issue, was felt in the high price of corn, and the unwillingness of the farmers to supply the markets with provisions. Wholly mistaking the causes of this evil, the violent revolutionary party clamoured for an assize, or fixed maximum of prices, and severe penalties against accapareurs, or engrossers, in order to check the avarice and unjust gains of the rich farmers. The Convention, however, though pressed both by factious violence and open insurrection, refused at this time to regulate prices by law. (Thiers, vol. iii. p. 311-7.) Prices, however, as was natural, still continued to rise; and although corn and other necessaries of life were to be had, their value, as represented in the depreciated paper currency, had been nearly doubled: the washerwomen of Paris came to the Convention to complain that the price of soap, which had formerly been 14 sous, had now risen to 30. On the other hand, the wages of labour had not risen in a corresponding degree (see Senior on Some Effects of Government Paper, p. 81): so that the evils arising from the depreciation of the assignats greatly aggravated the poverty and scarcity which would under any circumstances have been consequent on the troubles and insecurity of a revolution. The labouring classes accused the rich, the engrossers, and the aristocrats, of the evils which they were suffering, and demanded the imposition of a maximum of prices. Not only, however, in the Convention did the most violent democrats declare loudly against a maximum, but even in the more popular assembly of the Commune, and the still more democratic club of the Jacobins, was this measure condemned, frequently amidst the yells and hisses of the galleries. As the Convention refused to give way, Marat in his newspaper recommended the pillage of the shops as a means of lowering prices-a measure immediately adopted by the mob of Paris, who began by insisting to have goods at certain fixed prices, and ended by taking the goods without paying for them. (Thiers, vol. iv. p. 38-52.) These and other tumults were, however, appeased, partly by the interference of the military, and partly

by the earnest remonstrances of the authorities but the evil still went on increasing; corn diminished in quantity and increased in price; the national lands, on account of the uncertainty of their title and the instability of the government, were not sold, and thus the number of assignats was not contracted, and they were continually more and more depreciated.

At length the Convention, thinking that the depreciation might be stopped by laws, made it penal to exchange coin for paper, or to agree to give a higher price if reckoned in paper than if reckoned in coin. Still the over-issue had its natural effects in June, 1793, one franc in silver was worth three francs in paper; in August it was worth six. Prices rose still higher; all creditors, annuitants, and mortgagees were defrauded of five-sixths of their legal rights; and the wages of the the labourers were equal in value only to a part of their former earnings. The Convention, unable any longer to resist, in May, 1793, passed a decree which compelled all farmers to declare the quantity of corn in their possession, to take it to the markets, and sell it there only at a price to be fixed by each commune, according to the prices of the first four months of 1793. No one was to buy more corn than would suffice for a month's consumption, and an infraction of the law was punished by forfeiture of the property bought and a fine of 300 to 1000 francs. The truth of the declaration might be ascertained by domiciliary visits. The commune of Paris also regulated the selling of bread: no person could receive bread at a baker's shop without a certificate obtained from a revolutionary committee, and the quantity was proportioned to the number of the family. A rope was moreover fixed to the door of each baker's shop, so that as the purchasers successively came, they might lay hold of it, and be served in their just order. Many people in this way waited during the whole night; but the tumults and disturbances were so great that they could often only be appeased by force, nor were they at all diminished by a regulation that the last comers should be served first. A similar

maximum of prices was soon established for all other necessaries, such as meat, wine, vegetables, wood, salt, leather, linen, woollen, and cotton goods, &c.; and any person who refused to sell them at the legal price was punished with death. Other measures were added to lower the prices of commodities. Every dealer was compelled to declare the amount of his stock; and any one who gave up trade, after having been engaged in it for a year, was imprisoned as a suspected person. A new method of regulating prices was likewise devised, by which a fixed sum was assumed for the cost of production, and certain per-centages were added for the expense of carriage, and for the profit of the wholesale and retail dealers. The excessive issue of paper had likewise produced its natural consequence, over-speculation, even in times so unfavourable for commercial undertakings. Numerous companies were established, of which the shares soon rose to more than double or treble their original value. These shares, being transferable, served in some measure as a papercurrency; upon which the Convention, thinking that they contributed still further to discredit the assignats, suppressed all companies whose shares were transferable or negociable. The power of establishing such companies was reserved to the government alone.

In August, 1793, there were in circulation 3776 millions of assignats; and by a forced loan of 1000 millions, and by the collection of a year's taxes, this amount was subsequently reduced to less than two-thirds. The confidence moreover inspired by the recent successes of the republic against its foreign and domestic enemies, tended to increase the value of the securities on which the paper-money ultimately reposed: so that towards the end of 1793 the assignats are stated to have been at par. This effect is attributed by M. Thiers, in his History of the French Revolution' (vol. v. p. 407), to the severe penal laws against the use of coin: nevertheless we suspect that those who made this statement were deceived by false appearances, and that, neither at this nor any other time, not even at their first issue, did the real value of

assignats agree with their nominal value. (Thiers, vol. v. pp. 145-62, 196-208, 399413.) However, this restoration of the paper-currency, whether real or apparent, was of very short duration, as the wants of the government led to a fresh issue of assignats: so that in June, 1794, the quantity in circulation was 6536 millions. By this time the law of the maximum had become even more oppressive than at first, and it was found necessary to withdraw certain commodities from its operation. Nevertheless, the commission of provisions, which had attempted to perform the part of a commissariat for the whole population of France, began to interfere in a more arbitrary manner with the voluntary dealings of buyers and sellers, and to regulate not only the quantity of bread, but also the quantity of meat and wood which each person was to receive. (Thiers, vol. vi. pp. 146-51, 307-14.) Other arbitrary measures connected with the supply of the army, as compulsory requisitions of food and horses, and the levying of large bodies of men, had contributed to paralyse all industry. Thus, not only had all commerce and all manufactures ceased, but even the land was in many places untilled. After the fall of Robespierre, the Thermidorian party (as it was called), which then gained the ascendency, being guided by less violent principles, and being somewhat more enlightened on matters of political economy than their predecessors, induced the Convention to relax a little of its former policy, and succeeded in first excepting all foreign imports from the maximum, and afterwards abolishing it altogether. The transition to a natural system was, however, attended with great difficulty and danger, as the necessary consequence of the change was a sudden and immense rise of the avowed prices; and trade having been so long prevented from acting for itself, did not at once resume its former habits; so that Paris, in the middle of winter, was almost in danger of starvation, and wood was scarcely more abundant than bread. As at this time the power of the revolutionary government to retain possession of the lands which it had confiscated and to give a permanently good title to purchasers, was not doubted, it

is evident that a fear lest the national lands might not ultimately prove a valuable security did not now tend to discredit the assignats: their depreciation was solely owing to their over-issue, as compared with the wants of the country, and their inconvertibility with the precious metals. The government however began now to find that, although it might for some time gain by issuing inconvertible paper in payment of its own obligations, yet when the depreciated paper came to return upon it in the shape of taxes, it obtained in fact a very small portion of the sum nominally paid. Consequently they argued that, as successive issues depreciated the currency in a regular ratio (which however is very far from being the case), it would be expedient to require a larger sum to be paid for taxes according to the amount of paper in circulation. It was therefore decreed that, taking a currency of 2000 millions as the standard, a fourth should be added for every 500 millions added to the circulation. Thus, if a sum of 2000 francs was due to the government, it would become 2500 francs when the currency was 2500 millions, 3000 francs when it was 3000 millions, and so on. This rule however was only applied to the taxes and arrears of taxes due to the government, and was not extended to payments made by the government, as to public creditors or public functionaries. Nor did it comprehend any private dealings between individuals. (Thiers, vol. vii. pp. 40-51, 132-41, 232-89, 3.8-85, 420-8.) Iniquitous as this regulation was, as employed solely in favour of the government, it would nevertheless have been ineffective if its operation had been more widely extended; for the assignats, instead of being depreciated only a fifth, had now fallen to the 150th part of their nominal value. The taxes being levied in part only in commodities, and being chiefly paid in paper, produced scarcely anything to the government; which had however undertaken the task of feeding the city of Paris. Had it not in fact furnished something more solid than depreciated assignats to the fundholders and public functionaries, they must have died of starvation. Many, indeed, notwithstanding the scanty and

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