ASSESSORS, are those who assess public taxes. In Scotland, also, assessors are persons of superior legal knowledge, appointed to assist in the deliberations, and direct the decisions of inferior judges. Thus advocates are appointed assessors to the magistrates of Edinburgh; and one or more judges of the court of session are sometimes appointed assessors to the macers, in advo cations of brieves, when the cases appear to he attended with difficulty. See Bell's Diet. of the Law of Scotland.
(Fr. asset, i. e. saris,) are the effects cient to discharge that burthen which is cast upon an heir or executor in satisfying the debts and legacies of the ancestor or testator.
Assets are either real or personal. Assets real consist of the lands held in fee-simple, of which the ancestor died seised, and which descend to the heir : And assets personal, are the personal estate or effects which go to the executors.
Assets are also divided into assets per descent, and assets inter maines. Assets by descent are the lands which descend to the heir, of which the ancestor died seised; and the heir may be charged upon an obligation in which the ancestor was bound, as far as the value of the land which descended to him shall extend. Assets inter maines, are the funds which one indebted leaves to his executors, for the purpose of paying his debts and legacies ; or the profit which arises to them in right of the testator.
At common law, if an heir had sold or aliened lands, which were assets, before being sued on the obligation of his ancestor, he was to be discharged, and the debt was lost. But by statute 3 and 4 NV. & M. c. 14., the
heir is made liable for the value of the lands, as if the debt were the proper debt of the heir : but the land which is bona fide sold or aliened before action brought shall not be liable to execution, upon judgment recov ered against the heir in any such action.
Lands which come to the heir by purchase are not assets; nor a reversion in fee depending upon an estate tail. But, after the tail is spent, it is assets. An advow son is assets; but not a presentation to a church actually void, which cannot be sold. Lands of cestuy gue trust are assets by descent ; and also lands by descent in an cient demesne. But not a copy-hold estate descending to an heir, nor a right to an estate without possession. Leases are assets, notwithstanding the consent of the executor to devise them. Equity of redemption of lands mortgaged ; money decreed in a court of equity by rea son of executorship, or arising from sale of lands by executors ; damages recovered by executors, and inter est of the testator's money lent by executors, shall he assets. Debts, also, recovered by the executors, after the death of the testator, are accounted assets ; but not before recovered. Assets in the hands of one executor are assets in the hands of the others. In actions against executors, the jury must find assets of what value ; be cause the plaintiff can only recover to the amount of the assets found. See Blackst. Comment. Jacob's Law Diet. (z)